6–11–08 Wednesday Vol. 73 No. 113 June 11, 2008

Pages 32983–33290

VerDate Aug 31 2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\11JNWS.LOC 11JNWS mstockstill on PROD1PC66 with FEDREGWS II Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 73 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Aug 31 2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\11JNWS.LOC 11JNWS mstockstill on PROD1PC66 with FEDREGWS III

Contents Federal Register Vol. 73, No. 113

Wednesday, June 11, 2008

Agricultural Research Service Defense Department NOTICES See Army Department Intent to Grant Exclusive License, 33065 See Engineers Corps

Agriculture Department Energy Department See Agricultural Research Service See Federal Energy Regulatory Commission

Army Department Engineers Corps See Engineers Corps NOTICES NOTICES Intent to Prepare a Draft Environmental Impact Statement Meetings: for Carolinas Cement Company LLC: Advisory Committee, 33068 Castle Hayne Project in New Hanover County, NC, 33068

Centers for Disease Control and Prevention Environmental Protection Agency NOTICES RULES Meetings: Pesticide Tolerances: Advisory Board on Radiation and Worker Health, Bifenthrin, 33018–33024 National Institute for Occupational Safety and Flutolanil, 33013–33018 Health, 33094 Protection of Stratospheric Ozone; Allocation of Essential Task Force on Community Preventive Services, 33095 Use Allowances (2008 CY), 33007–33013 PROPOSED RULES Children and Families Administration National Emission Standards for Hazardous Air Pollutants: NOTICES Mercury Emissions from Mercury Cell Chlor-Alkali Meetings: Plants, 33258–33282 President’s Committee for People with Intellectual Pesticide Management and Disposal; Standards for Disabilities, 33095 Pesticide Containers and Containment: Child Support Enforcement Office Proposed Amendments, 33035–33048 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Computerized Tribal IV-D Systems and Office Automation, Submissions, and Approvals, 33081–33082 33048–33064 Amendment to Use Deletion and Product Cancellation Coast Guard Order: RULES Fenamiphos, 33082–33084 Drawbridge Operation Regulations: Application for Emergency Exemption: Upper Mississippi River, Clinton, IA; Repair and Diflubenzuron, 33084–33085 Maintenance, 33005 Meetings: Safety Zones: National Environmental Education Advisory Council, Richland Regatta Hydroplane Races, Howard Amon Park, 33085–33086 etc.; Temporary, 33005–33007 Pesticide Emergency Exemptions; Agency Decisions and PROPOSED RULES State and Federal Agency Crisis Declarations, 33086– Safety zone: 33087 BWRC Annual Thanksgiving Regatta; Lake Moolvalya, Proposed Consent Decree, Clean Air Act Citizen Suit, Parker, AZ, 33028–33030 33087–33088 Safety Zones: Proposed Settlement Agreement, Clean Air Act Citizen Suit, BWRC ’300’ Enduro; Lake Moolvalya, Parker, AZ, 33033– 33089–33090 33035 IJSBA World Finals; Colorado River, Lake Havasu City, Executive Office of the President AZ, 33030–33032 See Presidential Documents NOTICES Agency Information Collection Activities; Proposals, Family Support Administration Submissions, and Approvals, 33103–33105 See Child Support Enforcement Office Commerce Department Farm Credit System Insurance Corporation See Patent and Trademark Office NOTICES NOTICES Meetings: Privacy Act; System of Records, 33065 Farm Credit System Insurance Corporation Board, 33090 Committee for the Implementation of Textile Agreements Federal Aviation Administration NOTICES RULES Determinations: Airworthiness Directive: Dominican Republic-Central America-United States Free Empresa Brasileira de Aeronautica S.A. Model EMB Trade Agreement, 33066–33068 135BJ and EMB-145XR Airplanes, 32985–32986

VerDate Aug<31>2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\11JNCN.SGM 11JNCN mstockstill on PROD1PC66 with FEDREGCN IV Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Contents

Airworthiness Directives: Vision, 33151–33153 Boeing Model 737-600, -700, -700C, -800, and -900 Series Qualification of Drivers; Exemption Renewals; Vision, Airplanes, 32991–32993 33153–33154 Boeing Model 777 Airplanes, 32996–32998 Bombardier Model CL 600 2B19 (Regional Jet Series 100 Federal Railroad Administration & 440) Airplanes, 32993–32996 NOTICES Bombardier Model CL 600 2C10 (Regional Jet Series 700, Petition for Waiver of Compliance, 33154 701, & 702) and CL 600 2D24 (Regional Jet Series 900) Airplanes, 32998–33000 Federal Reserve System British Aerospace Regional Aircraft Model HP.137 NOTICES Jetstream Mk.1, Jetstream Series 200 and 3101, and Change in Bank Control: Jetstream Model 3201 Airplanes, 32988–32990 Acquisition of Shares of Bank or Bank Holding Cessna Aircraft Company Model 525 Airplanes, 32987– Companies, 33094 32988 MORAVAN a.s. Model Z-143L Airplanes, 33000–33002 Fish and Wildlife Service PROPOSED RULES RULES Airworthiness Directives: 2008-2009 Refuge-Specific Hunting and Sport Fishing Rolls-Royce Corporation AE 3007A1E AE 1107C Regulations, 33158–33200 Turbofan/Turboshaft Engines, 33025–33027 Marine Mammals: NOTICES Incidental Take During Specified Activities, 33212–33255 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 33142–33143 2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions), 33202–33210 Federal Communications Commission NOTICES NOTICES Construction of Two Single-Family Homes in Volusia Meetings: County, FL, 33105–33106 Consumer Advisory Committee and appointment of One (1) Additional Member to the Committee, 33090 Food and Drug Administration PROPOSED RULES Federal Energy Regulatory Commission Salt and Sodium: NOTICES Petition to Revise the Regulatory Status of Salt and Blanket Authorizations: Establish Food Labeling Requirements Regarding Salt Dragon Energy LLC, 33069 and Sodium— Combined Notice of Filings, 33069–33073 Public Hearing, 33027 Combined Notice of Filings: NOTICES Columbia Gulf Transmission Company, 33073–33074 Regulatory Review Period for Purposes of Patent Extension: PDI Stoneman, Inc., 33074–33076 ROTATEQ, 33095–33096 Environmental Impact Statements; Intent.: Summaries of Medical and Clinical Pharmacology Reviews Weaver’s Cove Energy, LLC, 33076–33079 of Pediatric Studies; Availability, 33096–33097 Filing: New York Regional Interconnect, Inc., 33079 Foreign Assets Control Office Petition for Rate Approval: NOTICES Dow Intrastate Gas Co., 33079–33080 Additional Designation of Individuals Pursuant to Kinder Morgan Texas Pipeline LLC, 33080 Executive Order, 33154–33155 Washington 10 Storage Corp., 33080 Health and Human Services Department Federal Highway Administration See Centers for Disease Control and Prevention NOTICES See Children and Families Administration Environmental Impact Statements; Availability, etc.: See Child Support Enforcement Office Prince George’s County, MD, 33143 See Food and Drug Administration See Health Resources and Services Administration Federal Maritime Commission See National Institutes of Health NOTICES Agreements Filed, 33091 Health Resources and Services Administration Ocean Transportation Intermediary License Applicants, NOTICES 33091 Application Requirements: Ocean Transportation intermediary License Reissuances, Ryan White HIV/AIDS Program Core Medical Services 33091–33093 Waiver, 33097–33099 Revocation of Ocean Transportation Intermediary License: Statement of Organization, Functions and Delegations of Central Agency of Florida, Inc., 33093 Authority, 33099

Federal Motor Carrier Safety Administration Homeland Security Department NOTICES See Coast Guard Meetings: NOTICES Medical Review Board, 33143–33144 Agency Information Collection Activities; Proposals, Qualification of Drivers: Submissions, and Approvals, 33101–33102 Exemption Applications— Meetings: Diabetes, 33144–33151 Homeland Security Advisory Council, 33102

VerDate Aug<31>2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\11JNCN.SGM 11JNCN mstockstill on PROD1PC66 with FEDREGCN Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Contents V

Interior Department Hearing and Opportunity to Petition For Leave to Intervene See Fish and Wildlife Service and Order Imposing Procedures, etc.: See Land Management Bureau Progress Energy Carolinas, Inc.; Correction, 33119 See National Park Service Patent and Trademark Office International Trade Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Certain Semiconductors Devices, 33114–33115 Submissions, and Approvals, 33065–33066 Citric Acid and Certain Citrate Salts From Canada and China, 33115 Presidential Documents Sodium Metal From France, 33115–33116 PROCLAMATIONS Steel Concrete Reinforcing Bar from Turkey, 33116–33117 Special observances: Flag Day and National Flag Week (Proc. 8269), 32983– Land Management Bureau 32984 NOTICES EXECUTIVE ORDERS Alaska Native Claims Selection, 33106 Amending Executive Order 12989 (EO 13465), 33283–33287 Filing of Plats of Survey: ADMINISTRATIVE ORDERS Filing of Plats of Survey: Oregon/Washington, 33106– Jerusalem Embassy Act; Suspension of Limitations 33107 (Presidential Determination) New Mexico, 33107 No. 2008-20 of June 4, 2008, 33289 Proposed Reinstatement of Terminated Oil and Gas Lease, Presidio Trust 33107–33109 Restriction Orders: NOTICES Wallace Forest Conservation Area, ID, 33109 Meetings: Presidio Trust, 33119 National Aeronautics and Space Administration Securities and Exchange Commission NOTICES RULES Meetings: Adoption of Updated EDGAR Filer Manual, 33002–33005 NASA Advisory Council, 33117–33118 NOTICES International Roundtable on Interactive Data for Public National Institutes of Health Financial Reporting, 33120 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: American Stock Exchange LLC, 33121–33128 Center for Scientific Review, 33100 Chicago Board Options Exchange, Inc., 33128–33131 Minority Programs Review Committee, 33100 NYSE Arca, Inc, 33131–33138 National Heart, Lung, and Blood Institute, 33100 The NASDAQ Stock Market LLC, 33133–33136 National Institute on Aging, 33100–33101 National Institute on Alcohol Abuse and Alcoholism, Social Security Administration 33101 NOTICES Agency Information Collection Activities; Proposals, National Park Service Submissions, and Approvals, 33138–33139 NOTICES Environmental Impact Statement; Intent: State Department Channel Islands National Park, Santa Barbara County, NOTICES CA, 33109–33111 Culturally Significant Objects Imported for Exhibition Environmental Statements; Availability, etc.: Determinations: Off-Road Vehicle Management Plan, Lake Meredith Andrea Riccio; Renaissance Master of Bronze, 33139– National Recreation Area, TX, 33111–33112 33140 General Management Plan, Record of Decision, Saguaro Delegation of Authority, 33140 National Park, AZ, 33112–33113 Intent to Prepare an Environmental Impact Statement: Textile Agreements Implementation Committee Poplar Point Redevelopment Project and Proposed See Committee for the Implementation of Textile National Park Service and U.S. Park Police Facilities Agreements Relocation, 33113–33114 Plan of Operations for Reclamation of the Rafferty Fee Transportation Department Lease: See Federal Aviation Administration Well No. 1 Site, Big Thicket National Preserve, TX, 33114 See Federal Highway Administration See Federal Motor Carrier Safety Administration National Science Foundation See Federal Railroad Administration NOTICES NOTICES Permit Applications Received, 33118 Agency Information Collection Activities; Proposals, Permits Issued Under the Antarctic Conservation Act of Submissions, and Approvals, 33140–33141 1978 (Public Law 95-541), 33118 Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed, 33141 Nuclear Regulatory Commission Aviation Proceedings, Agreements Filed, 33141–33142 NOTICES Applications: Treasury Department Southern Nuclear Operating Co., 33118–33119 See Foreign Assets Control Office

VerDate Aug<31>2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\11JNCN.SGM 11JNCN mstockstill on PROD1PC66 with FEDREGCN VI Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Contents

Part VI Executive Office of the President, Presidential Documents, Separate Parts In This Issue 33283–33289 Part II Interior Department, Fish and Wildlife Service, 33158– 33200 Reader Aids Consult the Reader Aids section at the end of this issue for Part III Interior Department, Fish and Wildlife Service, 33202– phone numbers, online resources, finding aids, reminders, 33210 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Part IV LISTSERV electronic mailing list, go to http:// Interior Department, Fish and Wildlife Service, 33212– listserv.access.gpo.gov and select Online mailing list 33255 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. Part V Environmental Protection Agency, 33258–33282

VerDate Aug<31>2005 19:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\11JNCN.SGM 11JNCN mstockstill on PROD1PC66 with FEDREGCN Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8269...... 32983 Executive Orders: 12989 (Amended by EO 13465)...... 33285 13465...... 33285 Administrative Orders: Presidential Determinations: No. 08–20 of June 4, 2008 ...... 33289 14 CFR 39 (8 documents) ...... 32985, 32987, 32988, 32991, 32993, 32996, 32998, 33000 Proposed Rules: 39...... 33025 17 CFR 232...... 33002 21 CFR Proposed Rules: 15...... 33027 33 CFR 117...... 33005 165...... 33005 Proposed Rules: 165 (3 documents) ...... 33028, 33030, 33033 40 CFR 82...... 33007 180 (2 documents) ...... 33013, 33018 Proposed Rules: 63...... 33258 152...... 33035 156...... 33035 165...... 33035 45 CFR Proposed Rules: 309...... 33048 310...... 33048 50 CFR 18...... 33212 32...... 33158 Proposed Rules: 32...... 33202

VerDate Aug 31 2005 20:00 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\11JNLS.LOC 11JNLS mstockstill on PROD1PC66 with FEDREGLS 32983

Federal Register Presidential Documents Vol. 73, No. 113

Wednesday, June 11, 2008

Title 3— Proclamation 8269 of June 6, 2008

The President Flag Day and National Flag Week, 2008

By the President of the United States of America

A Proclamation The American flag has been our national symbol for 231 years, and it remains a beacon of freedom wherever it is flown. Since the Second Conti- nental Congress adopted the Stars and Stripes as our flag in 1777, it has stood for freedom, justice, and the resolve of our Nation. When Francis Scott Key saw the American flag flying over Fort McHenry in 1814, he believed that liberty would triumph. The flag that inspired Key to write our National Anthem still energizes and emboldens the Amer- ican spirit today. As our Nation faces the challenges of a new era, Old Glory reminds us that liberty can prevail over oppression. Since the first days of our Republic, Americans have flown the flag to show their pride and appreciation for the freedoms they enjoy in this great Nation. Every day, Americans pledge their allegiance to the flag of the United States, and our troops carry it before them as they defend the liberties for which it stands. On Flag Day and during National Flag Week, we remember those in uniform whose courage and sacrifice inspire us here at home. We also remember the rich history of one of our oldest national symbols and reflect on our duty to carry our heritage of freedom into the future. To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as ‘‘Flag Day’’ and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President issue annually a proclamation designating the week in which June 14 occurs as ‘‘National Flag Week’’ and calling upon all citizens of the United States to display the flag during that week. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim June 14, 2008, as Flag Day and the week beginning June 8, 2008, as National Flag Week. I direct the appropriate officials to display the flag on all Federal Government buildings during that week, and I urge all Americans to observe Flag Day and National Flag Week by flying the Stars and Stripes from their homes and other appropriate places. I also call upon the people of the United States to observe with pride and all due ceremony those days from Flag Day through Independence Day, also set aside by the Congress (89 Stat. 211), as a time to honor America, to celebrate our heritage in public gatherings and activities, and to publicly recite the Pledge of Allegiance to the Flag of the United States of America.

VerDate Aug<31>2005 14:31 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11JND0.SGM 11JND0 yshivers on PROD1PC62 with MISCELLANEOUS 32984 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of June, 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. 08–1346 Filed 6–10–08; 8:45 am] Billing code 3195–01–P

VerDate Aug<31>2005 14:31 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11JND0.SGM 11JND0 yshivers on PROD1PC62 with MISCELLANEOUS GWBOLD.EPS 32985

Rules and Regulations Federal Register Vol. 73, No. 113

Wednesday, June 11, 2008

This section of the FEDERAL REGISTER ADDRESSES: You may examine the AD Differences Between This AD and the contains regulatory documents having general docket on the Internet at http:// MCAI or Service Information applicability and legal effect, most of which www.regulations.gov or in person at the We have reviewed the MCAI and are keyed to and codified in the Code of U.S. Department of Transportation, Federal Regulations, which is published under related service information and, in 50 titles pursuant to 44 U.S.C. 1510. Docket Operations, M–30, West general, agree with their substance. But Building Ground Floor, Room W12–140, we might have found it necessary to use The Code of Federal Regulations is sold by 1200 New Jersey Avenue, SE., different words from those in the MCAI the Superintendent of Documents. Prices of Washington, DC. to ensure the AD is clear for U.S. new books are listed in the first FEDERAL operators and is enforceable. In making REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, these changes, we do not intend to differ International Branch, ANM–116, substantively from the information DEPARTMENT OF TRANSPORTATION Transport Airplane Directorate, FAA, provided in the MCAI and related 1601 Lind Avenue, SW., Renton, service information. Federal Aviation Administration Washington 98057–3356; telephone We might also have required different (425) 227–1405; fax (425) 227–1149. actions in this AD from those in the 14 CFR Part 39 MCAI in order to follow our FAA SUPPLEMENTARY INFORMATION: policies. Any such differences are [Docket No. FAA–2008–0292; Directorate highlighted in a Note within the AD. Identifier 2007–NM–286–AD; Amendment Discussion Costs of Compliance 39–15550; AD 2008–12–07] We issued a notice of proposed We estimate that this AD will affect RIN 2120–AA64 rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would about 142 products of U.S. registry. We Airworthiness Directives; Empresa apply to the specified products. That also estimate that it will take about 3 Brasileira de Aeronautica S.A. NPRM was published in the Federal work-hours per product to comply with (EMBRAER) Model EMB–135BJ and Register on March 13, 2008 (73 FR the basic requirements of this AD. The EMB–145XR Airplanes 13494). That NPRM proposed to correct average labor rate is $80 per work-hour. an unsafe condition for the specified Required parts cost will be negligible. AGENCY: Federal Aviation products. The MCAI states: Where the service information lists Administration (FAA), Department of required parts costs that are covered Transportation (DOT). It has been found that in case of fuel under warranty, we have assumed that leakage inside the conduit used to route the ACTION: Final rule. there will be no charge for these parts. clear ice detector wiring through the wing As we do not control warranty coverage SUMMARY: We are adopting a new fuel tank, it is possible to have fuel for affected parties, some parties may airworthiness directive (AD) for the accumulation inside the conduit due to incur costs higher than estimated here. products listed above. This AD results application of wiring protection sealant in Based on these figures, we estimate the from mandatory continuing the conduit end. The absence of fuel leakage cost of this AD to the U.S. operators to airworthiness information (MCAI) detectability into the clear ice detector wiring be $34,080, or $240 per product. originated by an aviation authority of conduit, associated with an ignition source, another country to identify and correct could result in fire or explosion inside the Authority for This Rulemaking an unsafe condition on an aviation tank. Title 49 of the United States Code product. The MCAI describes the unsafe Corrective action includes removing the specifies the FAA’s authority to issue condition as: sealant used to protect the wiring rules on aviation safety. Subtitle I, It has been found that in case of fuel conduits of the left- and right-hand clear section 106, describes the authority of leakage inside the conduit used to route the ice detectors at the holes through the the FAA Administrator. ‘‘Subtitle VII: clear ice detector wiring through the wing wing spars, and installing protective Aviation Programs,’’ describes in more fuel tank, it is possible to have fuel Teflon spiral around the wiring. You detail the scope of the Agency’s accumulation inside the conduit due to may obtain further information by authority. application of wiring protection sealant in examining the MCAI in the AD docket. We are issuing this rulemaking under the conduit end. The absence of fuel leakage the authority described in ‘‘Subtitle VII, detectability into the clear ice detector wiring Comments Part A, Subpart III, Section 44701: conduit, associated with an ignition source, General requirements.’’ Under that could result in fire or explosion inside the We gave the public the opportunity to tank. section, Congress charges the FAA with participate in developing this AD. We promoting safe flight of civil aircraft in We are issuing this AD to require received no comments on the NPRM or air commerce by prescribing regulations actions to correct the unsafe condition on the determination of the cost to the for practices, methods, and procedures on these products. public. the Administrator finds necessary for DATES: This AD becomes effective July Conclusion safety in air commerce. This regulation 16, 2008. is within the scope of that authority The Director of the Federal Register We reviewed the available data and because it addresses an unsafe condition approved the incorporation by reference determined that air safety and the that is likely to exist or develop on of certain publications listed in this AD public interest require adopting the AD products identified in this rulemaking as of July 16, 2008. as proposed. action.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32986 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Regulatory Findings Effective Date (1) Alternative Methods of Compliance (AMOCs): The Manager, International We determined that this AD will not (a) This airworthiness directive (AD) becomes effective July 16, 2008. Branch, ANM–116, Transport Airplane have federalism implications under Directorate, FAA, has the authority to Executive Order 13132. This AD will Affected ADs approve AMOCs for this AD, if requested not have a substantial direct effect on (b) None. using the procedures found in 14 CFR 39.19. the States, on the relationship between Send information to ATTN: Sanjay Ralhan, Applicability the national government and the States, Aerospace Engineer, International Branch, or on the distribution of power and (c) This AD applies to EMBRAER Model ANM–116, Transport Airplane Directorate, EMB–135BJ and EMB–145XR airplanes, responsibilities among the various FAA, 1601 Lind Avenue, SW., Renton, certificated in any category, as identified in Washington 98057–3356; telephone (425) levels of government. EMBRAER Service Bulletins 145–30–0048 227–1405; fax (425) 227–1149. Before using For the reasons discussed above, I and 145LEG–30–0015, both dated March 31, any approved AMOC on any airplane to certify this AD: 2006. which the AMOC applies, notify your 1. Is not a ‘‘significant regulatory Subject appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), action’’ under Executive Order 12866; (d) Air Transport Association (ATA) of 2. Is not a ‘‘significant rule’’ under the or lacking a PI, your local FSDO. America Code 30: Ice and Rain Protection. (2) Airworthy Product: For any requirement DOT Regulatory Policies and Procedures Reason in this AD to obtain corrective actions from (44 FR 11034, February 26, 1979); and a manufacturer or other source, use these (e) The mandatory continuing 3. Will not have a significant actions if they are FAA-approved. Corrective airworthiness information (MCAI) states: actions are considered FAA-approved if they economic impact, positive or negative, It has been found that in case of fuel on a substantial number of small entities leakage inside the conduit used to route the are approved by the State of Design Authority under the criteria of the Regulatory clear ice detector wiring through the wing (or their delegated agent). You are required Flexibility Act. fuel tank, it is possible to have fuel to assure the product is airworthy before it We prepared a regulatory evaluation accumulation inside the conduit due to is returned to service. application of wiring protection sealant in (3) Reporting Requirements: For any of the estimated costs to comply with reporting requirement in this AD, under the this AD and placed it in the AD docket. the conduit end. The absence of fuel leakage detectability into the clear ice detector wiring provisions of the Paperwork Reduction Act, Examining the AD Docket conduit, associated with an ignition source, the Office of Management and Budget (OMB) could result in fire or explosion inside the has approved the information collection You may examine the AD docket on tank. requirements and has assigned OMB Control the Internet at http:// Corrective action includes removing the Number 2120–0056. www.regulations.gov; or in person at the sealant used to protect the wiring conduits of Related Information Docket Operations office between 9 a.m. the left-hand (LH) and right-hand (RH) clear (h) Refer to MCAI Brazilian Airworthiness ice detectors at the holes through the wing and 5 p.m., Monday through Friday, Directive 2007–02–03, effective March 15, except Federal holidays. The AD docket spars, and installing protective Teflon spiral around the wiring. 2007; EMBRAER Service Bulletin 145–30– contains the NPRM, the regulatory 0048, dated March 31, 2006; and EMBRAER evaluation, any comments received, and Actions and Compliance Service Bulletin 145LEG–30–0015, dated other information. The street address for (f) At the applicable compliance time March 31, 2006 for related information. the Docket Operations office (telephone specified in paragraph (f)(1) or (f)(2) of this Material Incorporated by Reference (800) 647–5527) is in the ADDRESSES AD, unless already done, remove the sealant section. Comments will be available in used to protect the LH and RH clear ice (i) You must use EMBRAER Service the AD docket shortly after receipt. detector wiring conduits at the holes through Bulletin 145–30–0048, dated March 31, 2006 the wing spars and install protective Teflon or EMBRAER Service Bulletin 145LEG–30– List of Subjects in 14 CFR Part 39 spiral, in accordance with the 0015, dated March 31, 2006, as applicable, to do the actions required by this AD, unless the Air transportation, Aircraft, Aviation Accomplishment Instructions of EMBRAER Service Bulletin 145–30–0048 or 145LEG– AD specifies otherwise. safety, Incorporation by reference, 30–0015, both dated March 31, 2006, as (1) The Director of the Federal Register Safety. applicable. approved the incorporation by reference of this service information under 5 U.S.C. Adoption of the Amendment (1) For Model EMB–135BJ airplanes: Within 4,000 flight hours or 48 months after 552(a) and 1 CFR part 51. I Accordingly, under the authority the effective date of this AD, whichever (2) For service information identified in this AD, contact Empresa Brasileira de delegated to me by the Administrator, occurs first. (2) For Model EMB–145XR airplanes: Aeronautica S.A. (EMBRAER), P.O. Box the FAA amends 14 CFR part 39 as Within 5,000 flight hours or 48 months after 343—CEP 12.225, Sao Jose dos Campos—SP, follows: the effective date of this AD, whichever Brazil. occurs first. (3) You may review copies at the FAA, PART 39—AIRWORTHINESS Transport Airplane Directorate, 1601 Lind DIRECTIVES FAA AD Differences Avenue, SW., Renton, Washington; or at the National Archives and Records I Note: This AD differs from the MCAI and/ 1. The authority citation for part 39 or service information as follows. The MCAI Administration (NARA). For information on continues to read as follows: specifies a compliance time of ‘‘5,000 flight the availability of this material at NARA, call Authority: 49 U.S.C. 106(g), 40113, 44701. hours’’ for all affected airplanes. This AD (202) 741–6030, or go to: http:// requires a compliance time of ‘‘5,000 flight www.archives.gov/federal-register/cfr/ibr- § 39.13 [Amended] hours’’ for Model EMB–145XR airplanes, and locations.html. ‘‘4,000 flight hours’’ for Model EMB–135BJ I 2. The FAA amends § 39.13 by adding Issued in Renton, Washington, on May 30, airplanes. This difference has been 2008. the following new AD: coordinated with the Ageˆncia Nacional de Ali Bahrami, 2008–12–07 Empresa Brasileira De Aviac¸a˜o Civil. Aeronautica S.A. (EMBRAER): Manager, Transport Airplane Directorate, Amendment 39–15550. Docket No. Other FAA AD Provisions Aircraft Certification Service. FAA–2008–0292; Directorate Identifier (g) The following provisions also apply to [FR Doc. E8–12734 Filed 6–10–08; 8:45 am] 2007–NM–286–AD. this AD: BILLING CODE 4910–13–P

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32987

DEPARTMENT OF TRANSPORTATION spread of fire through the firewall gap. This proposal was published in the This failure could lead to an Federal Register as a notice of proposed Federal Aviation Administration uncontrolled fire. rulemaking (NPRM) on March 13, 2008 DATES: This AD becomes effective on (73 FR 13486). The NPRM proposed to 14 CFR Part 39 July 16, 2008. require you to inspect for missing [Docket No. FAA–2008–0306; Directorate On July 16, 2008, the Director of the firewall sealant between the aft firewall Identifier 2008–CE–014–AD; Amendment Federal Register approved the assembly and seal assembly; and, if you 39–15544; AD 2008–12–01] incorporation by reference of certain find that firewall sealant is missing, seal with firewall sealant between the aft RIN 2120–AA64 publications listed in this AD. ADDRESSES: For service information firewall assembly and seal assembly. Airworthiness Directives; Cessna identified in this AD, contact Cessna Comments Aircraft Company Model 525 Airplanes Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; We provided the public the AGENCY: Federal Aviation telephone: (316) 517–5800; fax: (316) opportunity to participate in developing Administration (FAA), Department of 942–9006. this AD. We received no comments on Transportation (DOT). To view the AD docket, go to U.S. the proposal or on the determination of ACTION: Final rule. Department of Transportation, Docket the cost to the public. SUMMARY: We are adopting a new Operations, M–30, West Building Conclusion airworthiness directive (AD) for certain Ground Floor, Room W12–140, 1200 We have carefully reviewed the Cessna Aircraft Company (Cessna) New Jersey Avenue, SE., Washington, available data and determined that air Model 525 airplanes. This AD requires DC 20590, or on the Internet at http:// safety and the public interest require you to inspect for missing firewall www.regulations.gov. The docket adopting the AD as proposed except for sealant between the aft firewall number is FAA–2008–0306; Directorate minor editorial corrections. We have assembly and seal assembly; and, if you Identifier 2008–CE–014–AD. determined that these minor find that firewall sealant is missing, seal FOR FURTHER INFORMATION CONTACT: corrections: with firewall sealant between the aft James Galstad, Aerospace Engineer, • firewall assembly and seal assembly. Wichita Aircraft Certification Office, Are consistent with the intent that This AD results from a report that 1801 Airport Road, Room 100, Wichita, was proposed in the NPRM for firewall sealant may not have been Kansas 67209; telephone: (316) 946– correcting the unsafe condition; and applied between the aft firewall 4135; fax: (316) 946–4107. • Do not add any additional burden assembly and seal assembly during SUPPLEMENTARY INFORMATION: upon the public than was already manufacture of certain Model 525 proposed in the NPRM. Discussion airplanes. We are issuing this AD to Costs of Compliance detect and correct missing firewall On March 7, 2008, we issued a sealant between the aft firewall proposal to amend part 39 of the Federal We estimate that this AD affects 45 assembly and seal assembly, which Aviation Regulations (14 CFR part 39) to airplanes in the U.S. registry. could result in failure of the fire include an AD that would apply to We estimate the following costs to do extinguishing system to prevent the certain Cessna Model 525 airplanes. the inspection:

Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

1 work-hour × $80 per hour = $80 ...... Not Applicable ...... $80 $3,600

We estimate the following costs to do required based on the results of the determining the number of airplanes any necessary repairs that would be inspection. We have no way of that may need this repair:

Total cost per Labor cost Parts cost airplane

4 work-hours × $80 per hour = $320 ...... $30 $350

Authority for This Rulemaking promoting safe flight of civil aircraft in not have a substantial direct effect on Title 49 of the United States Code air commerce by prescribing regulations the States, on the relationship between specifies the FAA’s authority to issue for practices, methods, and procedures the national government and the States, rules on aviation safety. Subtitle I, the Administrator finds necessary for or on the distribution of power and Section 106 describes the authority of safety in air commerce. This regulation responsibilities among the various the FAA Administrator. Subtitle VII, is within the scope of that authority levels of government. because it addresses an unsafe condition Aviation Programs, describes in more For the reasons discussed above, I that is likely to exist or develop on detail the scope of the agency’s certify that this AD: authority. products identified in this AD. 1. Is not a ‘‘significant regulatory We are issuing this rulemaking under Regulatory Findings the authority described in Subtitle VII, action’’ under Executive Order 12866; Part A, Subpart III, Section 44701, We have determined that this AD will 2. Is not a ‘‘significant rule’’ under the ‘‘General requirements.’’ Under that not have federalism implications under DOT Regulatory Policies and Procedures section, Congress charges the FAA with Executive Order 13132. This AD will (44 FR 11034, February 26, 1979); and

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32988 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

3. Will not have a significant the Federal Aviation Administration Applicability economic impact, positive or negative, amends part 39 of the Federal Aviation (c) This AD applies to Model 525 airplanes, on a substantial number of small entities Regulations (14 CFR part 39) as follows: serial numbers 525–0600 through 525–0662, under the criteria of the Regulatory that are certificated in any category. Flexibility Act. PART 39—AIRWORTHINESS We prepared a summary of the costs DIRECTIVES Affected ADs to comply with this AD (and other (b) None. information as included in the I 1. The authority citation for part 39 Unsafe Condition Regulatory Evaluation) and placed it in continues to read as follows: the AD Docket. You may get a copy of (d) This AD results from a report that Authority: 49 U.S.C. 106(g), 40113, 44701. this summary by sending a request to us firewall sealant may not have been applied at the address listed under ADDRESSES. § 39.13 [Amended] between the aft firewall assembly and seal Include ‘‘Docket No. FAA–2008–0306; assembly during manufacture of certain Directorate Identifier 2008–CE–014– I 2. FAA amends § 39.13 by adding the Model 525 airplanes. We are issuing this AD AD’’ in your request. following new AD: to detect and correct missing firewall sealant between the aft firewall assembly and seal 2008–12–01 Cessna Aircraft Company: List of Subjects in 14 CFR Part 39 assembly, which could result in failure of the Amendment 39–15544; Docket No. fire extinguishing system to prevent the Air transportation, Aircraft, Aviation FAA–2008–0306; Directorate Identifier spread of fire through the firewall gap. This safety, Incorporation by reference, 2008–CE–014–AD. Safety. failure could lead to an uncontrolled fire. Effective Date Adoption of the Amendment Compliance (a) This AD becomes effective on July 16, (e) To address this problem, you must do I Accordingly, under the authority 2008. delegated to me by the Administrator, the following, unless already done:

Actions Compliance Procedures

(1) Inspect between the 6352225 aft firewall as- Within the next 60 hours time-in-service (TIS) Follow Cessna Aircraft Company Citation sembly and 6352226 seal assembly for miss- after July 16, 2008 (the effective date of Service Letter SL525–71–05, Revision 1, ing firewall sealant. this AD) or within 60 days after July 16, dated February 6, 2008. 2008 (the effective date of this AD), which- ever occurs first. (2) If, as a result of the inspection required by Before further flight after the inspection re- Follow Cessna Aircraft Company Citation paragraph (e)(1) of this AD, you find there is quired by paragraph (e)(1) of this AD. Service Letter SL525–71–05, Revision 1, missing firewall sealant between the 6352225 dated February 6, 2008. aft firewall assembly and 6352226 seal as- sembly, seal with U000117S firewall sealant in the gap between the 6352225 aft firewall assembly and 6352226 seal assembly.

Alternative Methods of Compliance (3) You may review copies at the FAA, DEPARTMENT OF TRANSPORTATION (AMOCs) Central Region, Office of the Regional (f) The Manager, Wichita Aircraft Counsel, 901 Locust, Kansas City, Missouri Federal Aviation Administration Certification Office (ACO), FAA, has the 64106; or at the National Archives and authority to approve AMOCs for this AD, if Records Administration (NARA). For 14 CFR Part 39 requested using the procedures found in 14 information on the availability of this [Docket No. FAA–2008–0369; Directorate CFR 39.19. Send information to ATTN: James material at NARA, call 202–741–6030, or go Identifier 2008–CE–015–AD; Amendment Galstad, Aerospace Engineer, Wichita ACO, to: http://www.archives.gov/federal_register/ 1801 Airport Road, Room 100, Wichita, 39–15545; AD 2008–12–02] code_of_federal_regulations/ Kansas 67209; telephone: (316) 946–4135; _ RIN 2120–AA64 fax: (316) 946–4107. Before using any ibr locations.html. approved AMOC on any airplane to which Issued in Kansas City, Missouri, on May Airworthiness Directives; British the AMOC applies, notify your appropriate 27, 2008. Aerospace Regional Aircraft Model principal inspector (PI) in the FAA Flight David R. Showers, Standards District Office (FSDO), or lacking HP.137 Jetstream Mk.1, Jetstream a PI, your local FSDO. Acting Manager, Small Airplane Directorate, Series 200 and 3101, and Jetstream Aircraft Certification Service. Model 3201 Airplanes Material Incorporated by Reference [FR Doc. E8–12305 Filed 6–10–08; 8:45 am] (g) You must use Cessna Aircraft Company AGENCY: Federal Aviation Citation Service Letter SL525–71–05, BILLING CODE 4910–13–P Administration (FAA), Department of Revision 1, dated February 6, 2008, to do the Transportation (DOT). actions required by this AD, unless the AD ACTION: Final Rule. specifies otherwise. (1) The Director of the Federal Register SUMMARY: We are adopting a new approved the incorporation by reference of airworthiness directive (AD) for the this service information under 5 U.S.C. products listed above. This AD results 552(a) and 1 CFR part 51. (2) For service information identified in from mandatory continuing this AD, contact Cessna Aircraft Company, airworthiness information (MCAI) Product Support, P.O. Box 7706, Wichita, issued by an aviation authority of Kansas 67277; telephone: (316) 517–5800; another country to identify and correct fax: (316) 942–9006. an unsafe condition on an aviation

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32989

product. The MCAI describes the unsafe sleeve cones resulting in the loss of the Authority for This Rulemaking condition as: critical gap between the inner flange face of the wheel outer cone and the axle end face. Title 49 of the United States Code A failure mode has been identified If this gap is lost, it results in the wheel specifies the FAA’s authority to issue following the examination of parts from having free play along the length of the axle. rules on aviation safety. Subtitle I, another aircraft type (Jetstream 4100 series) This condition, if not corrected, can cause section 106, describes the authority of that can lead to the loss of a nose-wheel. The the wheel nut lock plate to break, leading to Jetstream (HP.137) Mk1, 200, 3100 and 3200 the FAA Administrator. ‘‘Subtitle VII: the wheel retention nut unscrewing and Aviation Programs,’’ describes in more series use a similar method for retaining the subsequent separation of the nose wheel from wheel assemblies on the landing gear axle the landing gear axle. detail the scope of the Agency’s and can therefore experience the same type For the reasons described above, this AD authority. of failure, i.e. a combination of excessive requires repetitive inspections of the nose We are issuing this rulemaking under wear and/or adverse tolerances on the axle landing gear to ensure that the wheels are the authority described in ‘‘Subtitle VII, inner cone, outer cone or wheel hub splined correctly retained and, depending on Part A, Subpart III, Section 44701: sleeve cones resulting in the loss of the findings, replacement of worn parts. critical gap between the inner flange face of General requirements.’’ Under that the wheel outer cone and the axle end face. You may obtain further information section, Congress charges the FAA with If this gap is lost, it results in the wheel by examining the MCAI in the AD promoting safe flight of civil aircraft in having free play along the length of the axle. docket. air commerce by prescribing regulations This condition, if not corrected, can cause for practices, methods, and procedures the wheel nut lock plate to break, leading to Comments the Administrator finds necessary for the wheel retention nut unscrewing and We gave the public the opportunity to safety in air commerce. This regulation subsequent separation of the nose wheel from is within the scope of that authority the landing gear axle. participate in developing this AD. We received no comments on the NPRM or because it addresses an unsafe condition We are issuing this AD to require on the determination of the cost to the that is likely to exist or develop on actions to correct the unsafe condition public. products identified in this rulemaking on these products. action. DATES: This AD becomes effective July Conclusion Regulatory Findings 16, 2008. We reviewed the available data and On July 16, 2008, the Director of the determined that air safety and the We determined that this AD will not Federal Register approved the public interest require adopting the AD have federalism implications under incorporation by reference of certain as proposed. Executive Order 13132. This AD will publications listed in this AD. not have a substantial direct effect on Differences Between This AD and the ADDRESSES: You may examine the AD the States, on the relationship between MCAI or Service Information docket on the Internet at http:// the national government and the States, www.regulations.gov or in person at We have reviewed the MCAI and or on the distribution of power and Document Management Facility, U.S. related service information and, in responsibilities among the various Department of Transportation, Docket general, agree with their substance. But levels of government. Operations, M–30, West Building we might have found it necessary to use For the reasons discussed above, I Ground Floor, Room W12–140, 1200 different words from those in the MCAI certify this AD: New Jersey Avenue, SE., Washington, to ensure the AD is clear for U.S. (1) Is not a ‘‘significant regulatory DC 20590. operators and is enforceable. In making action’’ under Executive Order 12866; FOR FURTHER INFORMATION CONTACT: these changes, we do not intend to differ Taylor Martin, Aerospace Engineer, substantively from the information (2) Is not a ‘‘significant rule’’ under FAA, Small Airplane Directorate, 901 provided in the MCAI and related DOT Regulatory Policies and Procedures Locust, Room 301, Kansas City, service information. (44 FR 11034, February 26, 1979); and Missouri 64106; telephone: (816) 329– We might also have required different (3) Will not have a significant 4138; fax: (816) 329–4090. actions in this AD from those in the economic impact, positive or negative, SUPPLEMENTARY INFORMATION: MCAI in order to follow FAA policies. on a substantial number of small entities Any such differences are highlighted in under the criteria of the Regulatory Discussion a NOTE within the AD. Flexibility Act. We issued a notice of proposed We prepared a regulatory evaluation Costs of Compliance rulemaking (NPRM) to amend 14 CFR of the estimated costs to comply with part 39 to include an AD that would Based on the service information, we this AD and placed it in the AD Docket. apply to the specified products. That estimate that this AD will affect 190 Examining the AD Docket NPRM was published in the Federal products of U.S. registry. We also Register on March 31, 2008 (73 FR estimate that it will take about 1 work- You may examine the AD docket on 16790). That NPRM proposed to correct hour per product to comply with basic the Internet at http:// an unsafe condition for the specified requirements of this AD. The average www.regulations.gov; or in person at the products. The MCAI states: labor rate is $80 per work-hour. Docket Management Facility between 9 A failure mode has been identified Based on these figures, we estimate a.m. and 5 p.m., Monday through following the examination of parts from the cost of this AD to the U.S. operators Friday, except Federal holidays. The AD another aircraft type (Jetstream 4100 series) to be $15,200 or $80 per product. docket contains the NPRM, the that can lead to the loss of a nose-wheel. The In addition, we estimate that any regulatory evaluation, any comments Jetstream (HP.137) Mk1, 200, 3100 and 3200 necessary follow-on actions would take received, and other information. The series use a similar method for retaining the wheel assemblies on the landing gear axle about 1 work-hour and require parts street address for the Docket Office and can therefore experience the same type costing $250, for a cost of $330 per (telephone (800) 647–5527) is in the of failure, i.e. a combination of excessive product. We have no way of ADDRESSES section. Comments will be wear and/or adverse tolerances on the axle determining the number of products available in the AD docket shortly after inner cone, outer cone or wheel hub splined that may need these actions. receipt.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32990 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

List of Subjects in 14 CFR Part 39 Affected ADs This condition, if not corrected, can cause (b) None. the wheel nut lock plate to break, leading to Air transportation, Aircraft, Aviation the wheel retention nut unscrewing and safety, Incorporation by reference, Applicability subsequent separation of the nose wheel from Safety. (c) This AD applies to Model HP.137 the landing gear axle. For the reasons described above, this AD Adoption of the Amendment Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes, all requires repetitive inspections of the nose I Accordingly, under the authority serial numbers, certificated in any category. landing gear to ensure that the wheels are correctly retained and, depending on delegated to me by the Administrator, Subject findings, replacement of worn parts. the FAA amends 14 CFR part 39 as (d) Air Transport Association of America follows: (ATA) Code 32: Landing Gear. Actions and Compliance (f) Unless already done, do the following PART 39—AIRWORTHINESS Reason actions: DIRECTIVES (e) The mandatory continuing (1) Within the next 3 months after July 16, airworthiness information (MCAI) states: 2008 (the effective date of this AD), initially I 1. The authority citation for part 39 A failure mode has been identified inspect the left and right nose wheel continues to read as follows: following the examination of parts from attachments to the axle following British Authority: 49 U.S.C. 106(g), 40113, 44701. another aircraft type (Jetstream 4100 series) Aerospace Jetstream Series 3100 and 3200 that can lead to the loss of a nose-wheel. The Service Bulletin 32–JA070241, dated July 13, § 39.13 [Amended] Jetstream (HP.137) Mk1, 200, 3100 and 3200 2007. I series use a similar method for retaining the (2) Repetitively thereafter inspect the left 2. The FAA amends § 39.13 by adding wheel assemblies on the landing gear axle and right nose wheel attachments to the axle the following new AD: and can therefore experience the same type at the intervals specified in Table 1 of this 2008–12–02 British Aerospace Regional of failure, i.e. a combination of excessive AD following British Aerospace Jetstream Aircraft: Amendment 39–15545; Docket wear and/or adverse tolerances on the axle Series 3100 and 3200 Service Bulletin 32– No. FAA–2008–0369; Directorate inner cone, outer cone or wheel hub splined JA070241, dated July 13, 2007. If during any Identifier 2008–CE–015–AD. sleeve cones resulting in the loss of the repetitive inspection the gap measurement critical gap between the inner flange face of changes from the previous inspection Effective Date the wheel outer cone and the axle end face. measurement, adjust the repetitive inspection (a) This airworthiness directive (AD) If this gap is lost, it results in the wheel interval as necessary based on Table 1 of this becomes effective July 16, 2008. having free play along the length of the axle. AD.

TABLE 1.—REPETITIVE INSPECTION INTERVALS

If the measured gap size is: Then repetitively inspect at the following intervals:

0.002 through 0.005 inches (0.05 through 0.13 mm) ...... Within 500 hours time-in-service (TIS). More than 0.005 through 0.010 inches (0.13 through 0.25 mm) ...... Within 1,000 hours TIS. More than 0.010 through 0.020 inches (0.25 through 0.51 mm) ...... Within 2,000 hours TIS. More than 0.020 inches (0.51 mm) ...... Within 3,000 hours TIS.

(3) Before further flight, if during any of the Office (FSDO), or lacking a PI, your local do the actions required by this AD, unless the inspections required in paragraphs (f)(1) or FSDO. AD specifies otherwise. (f)(2) of this AD you find the gap between the (2) Airworthy Product: For any requirement (1) The Director of the Federal Register inner flange of the outer cone and the axle in this AD to obtain corrective actions from approved the incorporation by reference of end face is less than 0.002 inches (0.05 mm), a manufacturer or other source, use these this service information under 5 U.S.C. replace all worn parts. actions if they are FAA-approved. Corrective 552(a) and 1 CFR part 51. Note 1: Replacement of parts does not actions are considered FAA-approved if they (2) For service information identified in constitute terminating action for the are approved by the State of Design Authority this AD, contact Project Management Group, inspection requirements of this AD. (or their delegated agent). You are required Customer Information Department, BAE to assure the product is airworthy before it SYSTEMS (OPERATIONS), Prestwick FAA AD Differences is returned to service. International Airport, Ayrshire, KA9 2RW, (3) Reporting Requirements: For any Note 2: This AD differs from the MCAI Scotland; telephone: +44 1292 675207; fax: reporting requirement in this AD, under the and/or service information as follows: No +44 1292 675704; e-mail: provisions of the Paperwork Reduction Act differences. [email protected]. (44 U.S.C. 3501 et seq.), the Office of (3) You may review copies at the FAA, Other FAA AD Provisions Management and Budget (OMB) has Central Region, Office of the Regional approved the information collection (g) The following provisions also apply to Counsel, 901 Locust, Room 506, Kansas City, requirements and has assigned OMB Control Missouri 64106; or at the National Archives this AD: Number 2120–0056. (1) Alternative Methods of Compliance and Records Administration (NARA). For (AMOCs): The Manager, Standards Office, Related Information information on the availability of this material at NARA, call 202–741–6030, or go FAA, has the authority to approve AMOCs (h) Refer to MCAI European Aviation to: http://www.archives.gov/federal-register/ for this AD, if requested using the procedures Safety Agency (EASA) AD No: 2008–0037, cfr/ibr-locations.html. found in 14 CFR 39.19. Send information to dated February 22, 2008; and British ATTN: Taylor Martin, Aerospace Engineer, Aerospace Jetstream Series 3100 and 3200 Issued in Kansas City, Missouri, on May FAA, Small Airplane Directorate, 901 Locust, Service Bulletin 32–JA070241, dated July 13, 28, 2008. Room 301, Kansas City, Missouri 64106; 2007, for related information. David R. Showers, telephone: (816) 329–4138; fax: (816) 329– 4090. Before using any approved AMOC on Material Incorporated by Reference Acting Manager, Small Airplane Directorate, any airplane to which the AMOC applies, (i) You must use British Aerospace Aircraft Certification Service. notify your appropriate principal inspector Jetstream Series 3100 and 3200 Service [FR Doc. E8–12412 Filed 6–10–08; 8:45 am] (PI) in the FAA Flight Standards District Bulletin 32–JA070241, dated July 13, 2007, to BILLING CODE 4910–13–P

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32991

DEPARTMENT OF TRANSPORTATION 1200 New Jersey Avenue, SE., Boeing Special Attention Service Washington, DC 20590. Bulletin 737–53–1232, dated April 2, Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: 2007 (cited as the appropriate source of Wayne Lockett, Aerospace Engineer, service information for accomplishing 14 CFR Part 39 Airframe Branch, ANM–120S, FAA, the actions in the NPRM). We have also [Docket No. FAA–2007–29333; Directorate Seattle Aircraft Certification Office, re-identified subsequent paragraphs Identifier 2007–NM–141–AD; Amendment 1601 Lind Avenue, SW., Renton, accordingly. 39–15547; AD 2008–12–04] Washington 98057–3356; telephone (425) 917–6447; fax (425) 917–6590. Request To Allow Optional Eddy RIN 2120–AA64 SUPPLEMENTARY INFORMATION: Current Inspection Method Airworthiness Directives; Boeing Discussion Continental Airlines (Continental) Model 737–600, –700, –700C, –800, and requests that we allow the use of the –900 Series Airplanes We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR eddy current inspection procedures AGENCY: Federal Aviation part 39 to include an airworthiness given in the Boeing 737 Non-Destructive Administration (FAA), DOT. directive (AD) that would apply to Test (NDT) Manual, Part 6, Subjects 53– ACTION: Final rule. certain Boeing Model 737–600, –700, 30–25 (c-scan eddy current inspection), –700C, –800, and –900 series airplanes. as an alternative to Subjects 53–30–19 SUMMARY: We are adopting a new That NPRM was published in the and 53–30–23 listed in Boeing Special airworthiness directive (AD) for certain Federal Register on September 28, 2007 Attention Service Bulletin 737–53– Boeing Model 737–600, –700, –700C, (72 FR 55118) (An extension of the 1232, dated April 2, 2007. Continental –800, and –900 series airplanes. This comment period for that NPRM was notes that the eddy current procedure in AD requires various repetitive published in the Federal Register on Subject 53–30–25 was approved as an inspections to detect cracks along the November 14, 2007 (72 FR 64009)). That alternative method of compliance chemically milled steps of the fuselage NPRM proposed to require various (AMOC) for AD 2005–13–27, skin or missing or loose fasteners in the repetitive inspections to detect cracks amendment 39–14164 (70 FR 36821, area of the preventative modification or along the chemically milled steps of the June 27, 2005), which mandates a repairs, replacement of the time-limited fuselage skin or missing or loose similar fuselage skin inspection for fasteners in the area of the preventative repair with the permanent repair if Boeing Model 737–300, –400, and –500 applicable, and applicable corrective modification or repairs, replacement of series airplanes. actions if necessary, which would end the time-limited repair with the certain repetitive inspections. This AD permanent repair if applicable, and We agree that the NDT method results from a fatigue test that revealed applicable corrective actions if Continental specifies provides an numerous cracks in the upper skin necessary, which would end certain acceptable means to find cracking in the panel at the chemically milled step repetitive inspections. internal surface of the fuselage skin at the edge of a sub-surface doubler. above the lap joint. We are issuing this Comments AD to detect and correct such fatigue- Therefore, we have revised this AD to related cracks, which could result in the We gave the public the opportunity to include a new paragraph (l)(4) to the crack tips continuing to turn and grow participate in developing this AD. We AMOC paragraph (paragraph (j) of the to the point where the skin bay flaps considered the comments received. NPRM). Paragraph (l)(4) states that open, causing decompression of the Request To Provide Exception for Boeing Model 737 NDT Manual, Part 6, airplane. Previously Installed Repairs Subject 53–30–25, is an AMOC for DATES: This AD is effective July 16, Southwest Airlines notes that the Subjects 53–30–19 and 53–30–23. 2008. proposed AD does not state how to do Request To Clarify Paragraph (g) of the The Director of the Federal Register the inspection in an area that has a NPRM approved the incorporation by reference previously installed repair. Southwest of a certain publication listed in this AD Airlines states that AD 2004–18–06, Boeing requests that we clarify the as of July 16, 2008. amendment 39–13784 (69 FR 54206, wording in paragraph (g) of the NPRM ADDRESSES: For service information September 8, 2004), which addresses to indicate which corrective actions are identified in this AD, contact Boeing chemically milled steps of the fuselage required and when. Boeing specifically Commercial Airplanes, P.O. Box 3707, skin for Boeing Model 737–200, –200C, states that the word ‘‘applicable’’ is Seattle, Washington 98124–2207. –300, –400, and –500 series airplanes, missing from paragraph (g) of the contains an exception that addresses the Examining the AD Docket NPRM, and requests that the paragraph issue of a previously installed repair. state ‘‘accomplishing all of the You may examine the AD docket on Southwest Airlines asks that we include applicable actions specified in the the Internet at http:// a similar exception in this AD. Accomplishment Instructions of the www.regulations.gov; or in person at the We agree that the NPRM needs to be service bulletin.’’ Boeing explains that, Docket Management Facility between 9 clarified regarding procedures for without the word ‘‘applicable,’’ the AD a.m. and 5 p.m., Monday through previously installed repairs, and have would require accomplishment of all Friday, except Federal holidays. The AD added new paragraphs (j) and (k) to this actions within the Accomplishment docket contains this AD, the regulatory AD to explain the exceptions. We note Instructions, even those that do not evaluation, any comments received, and that the exception to the procedures other information. The address for the required by paragraph (g) of this AD is apply under certain conditions. Docket Office (telephone 800–647–5527) similar to the exception in AD 2004–18– We agree to clarify paragraph (g) for is the Document Management Facility, 06, except that for this AD, post- the stated reasons. We have revised U.S. Department of Transportation, preventive modifications and repair paragraph (g) of this AD to include the Docket Operations, M–30, West supplemental inspections are required word ‘‘applicable’’ in the requested Building Ground Floor, Room W12–140, for repairs installed in accordance with place.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32992 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Request To Improve Detail in Service intervals in this AD using damage because it addresses an unsafe condition Bulletin tolerance methods to ensure that that is likely to exist or develop on The Air Transport Association (ATA) damage can be detected before it products identified in this rulemaking on behalf of its member Delta Airlines, becomes critical on the structure. Also, action. compliance intervals cannot be based on requests that we encourage Boeing to Regulatory Findings improve the level of detail in Boeing nonspecific intervals such as a C-check. Special Attention Service Bulletin 737– Since maintenance schedules vary This AD will not have federalism 53–1232, dated April 2, 2007, among operators, there would be no implications under Executive Order assurance that corrective action would specifically Part V of the 13132. This AD will not have a be done within the timeframe for safe Accomplishment Instructions, substantial direct effect on the States, on operation of the airplane. Further, in ‘‘Preventative Modification.’’ The the relationship between the national developing appropriate compliance commenters explain that the current government and the States, or on the times for this AD, we considered the data and figures for the modification are distribution of power and urgency associated with the subject vague and could lead to considerable responsibilities among the various unsafe condition, and the practical variation among operators in levels of government. aspect of accomplishing the required interpretation and installation. The For the reasons discussed above, I actions within a period of time that commenters also state that, as a certify that this AD: corresponds to the normal scheduled minimum, Boeing should issue a set of (1) Is not a ‘‘significant regulatory maintenance for most affected operators. engineering drawings for typical action’’ under Executive Order 12866, The repetitive intervals following modification parts for each affected (2) Is not a ‘‘significant rule’’ under preventative modification were part of group of airplanes, and incorporate DOT Regulatory Policies and Procedures these considerations. We have not them into a revision of the service (44 FR 11034, February 26, 1979), and changed the AD in this regard. bulletin. (3) Will not have a significant We disagree that the level of detail in Conclusion economic impact, positive or negative, Part V of the service bulletin is on a substantial number of small entities We reviewed the relevant data, under the criteria of the Regulatory insufficient. As shown in Part V and its considered the comments received, and associated figures, modification Flexibility Act. determined that air safety and the You can find our regulatory doublers and fillers are to be centered in public interest require adopting the AD the skin pocket with their width evaluation and the estimated costs of with the changes described previously. compliance in the AD Docket. determined by the existing fastener We also determined that these changes spacing common to the lap splice. will not increase the economic burden List of Subjects in 14 CFR Part 39 Adding engineering drawings to the on any operator or increase the scope of Air transportation, Aircraft, Aviation information already in the service the AD. bulletin could result in confusion due to safety, Incorporation by reference, variations in fastener spacing common Costs of Compliance Safety. to the lap joints. We have not changed There are about 871 airplanes of the Adoption of the Amendment the AD in this regard. affected design in the worldwide fleet. I This AD affects about 378 airplanes of Accordingly, under the authority Request To Extend Repetitive Interval delegated to me by the Administrator, To Match C-Check Interval U.S. registry. The inspections take between 11 and 25 work hours per the FAA amends 14 CFR part 39 as The ATA, on behalf of its member airplane depending on the airplane follows: Alaska Airlines, requests that we extend configuration, at an average labor rate of the repetitive inspection intervals PART 39—AIRWORTHINESS $80 per work hour. Based on these DIRECTIVES proposed in the NPRM and express figures, the estimated cost of the AD for them in terms of C-check intervals. The U.S. operators is between $332,640 and I 1. The authority citation for part 39 commenters explain that the current $756,000, or between $880 and $2,000 continues to read as follows: repetitive inspection intervals are not per airplane, per inspection cycle. sufficient to bridge successive C-checks, Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking and will thus make it necessary to have § 39.13 [Amended] a frequent and possibly repetitive Title 49 of the United States Code I inspection in the line environment. The specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding commenters further state that the rules on aviation safety. Subtitle I, the following new AD: preventive modification proposed in the section 106, describes the authority of 2008–12–04 Boeing: Amendment 39–15547. NPRM would lengthen the repetitive the FAA Administrator. ‘‘Subtitle VII: Docket No. FAA–2007–29333; inspection interval from 1,500 flight Aviation Programs,’’ describes in more Directorate Identifier 2007–NM–141–AD. cycles to either 4,000 or 6,000 flight detail the scope of the Agency’s Effective Date cycles. In the commenters’ opinion, this authority. (a) This airworthiness directive (AD) is action does not justify the cost or We are issuing this rulemaking under effective July 16, 2008. manpower for doing the preventive the authority described in ‘‘Subtitle VII, modification. Part A, Subpart III, Section 44701: Affected ADs We do not agree with the commenter’s General requirements.’’ Under that (b) None. request to extend the repetitive section, Congress charges the FAA with Applicability intervals. We have determined that the promoting safe flight of civil aircraft in (c) This AD applies to Boeing Model 737– proposed compliance time represents air commerce by prescribing regulations 600, –700, –700C, –800, and –900 series the maximum interval of time allowable for practices, methods, and procedures airplanes, certificated in any category; as for the affected airplanes to continue to the Administrator finds necessary for identified in Boeing Special Attention safely operate before the modification is safety in air commerce. This regulation Service Bulletin 737–53–1232, dated April 2, done. We determined the inspection is within the scope of that authority 2007.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32993

Unsafe Condition Inspections done at the compliance times (3) You may review copies of the service (d) This AD results from a fatigue test that specified in Table 1 of paragraph 1.E., information incorporated by reference at the revealed numerous cracks in the upper skin ‘‘Compliance,’’ of the service bulletin are not FAA, Transport Airplane Directorate, 1601 panel at the chemically milled step above the required in areas that are spanned by an Lind Avenue, SW., Renton, Washington; or at lap joint. We are issuing this AD to detect FAA-approved repair that has a minimum of the National Archives and Records and correct such fatigue-related cracks, 3 rows of fasteners above and below the Administration (NARA). For information on which could result in the crack tips chemically milled step. Post-repair the availability of this material at NARA, call continuing to turn and grow to the point supplemental inspections are to be done at 202–741–6030, or go to: http:// where the skin bay flaps open, causing the times specified in Table 2 of paragraph www.archives.gov/federal_register/code_of_ decompression of the airplane. 1.E., ‘‘Compliance,’’ of the service bulletin. federal_regulations/ibr_locations.html. (k) For any airplane that has an external Compliance doubler covering the chemically milled step, Issued in Renton, Washington, on May 29, 2008. (e) You are responsible for having the but the doubler does not span the step by a actions required by this AD performed within minimum of 3 rows of fasteners above and Ali Bahrami, the compliance times specified, unless the below the chemically milled step: Instead of Manager, Transport Airplane Directorate, actions have already been done. requesting approval for an alternative method Aircraft Certification Service. of compliance (AMOC) in accordance with [FR Doc. E8–12761 Filed 6–10–08; 8:45 am] Service Bulletin the procedures specified in paragraph (l) of (f) The term ‘‘service bulletin,’’ as used in this AD, one method of compliance with the BILLING CODE 4910–13–P this AD, means Boeing Special Attention inspection requirement of paragraph (g) of Service Bulletin 737–53–1232, dated April 2, this AD is to inspect all chemically milled 2007. steps covered by the repair using non- DEPARTMENT OF TRANSPORTATION destructive test (NDT) methods in accordance Inspections and Replacement, As Applicable with the Boeing 737 NDT Manual, Part 6, Federal Aviation Administration (g) At the applicable compliance times Subject 53–30–20. These repairs are to be listed in Tables 1, 2, and 3 of paragraph 1.E., considered time-limited and are subject to 14 CFR Part 39 ‘‘Compliance,’’ of the service bulletin, or the post-repair supplemental inspections and within the time specified in paragraph (g)(1) replacement at the times specified in Table [Docket No. FAA–2008–0363; Directorate or (g)(2) of this AD, as applicable, whichever 3 of paragraph 1.E., ‘‘Compliance,’’ of the Identifier 2008–NM–020–AD; Amendment occurs later, and thereafter at the applicable service bulletin. 39–15553; AD 2008–12–10] repeat intervals listed in Tables 1, 2, and 3: Alternative Methods of Compliance RIN 2120–AA64 Do the applicable inspections and (AMOCs) replacement by accomplishing all the Airworthiness Directives; Bombardier (l)(1) The Manager, Seattle Aircraft applicable actions specified in the Model CL–600–2B19 (Regional Jet Accomplishment Instructions of the service Certification Office (ACO), FAA, has the bulletin. authority to approve AMOCs for this AD, if Series 100 & 440) Airplanes requested in accordance with the procedures (1) For airplanes specified in Tables 1 and AGENCY: Federal Aviation found in 14 CFR 39.19. 2 of paragraph 1.E., ‘‘Compliance,’’ of the Administration (FAA), Department of service bulletin: Do the applicable initial (2) To request a different method of inspection required by paragraph (g) of this compliance or a different compliance time Transportation (DOT). AD within 36 months after the effective date for this AD, follow the procedures in 14 CFR ACTION: Final rule. of this AD. 39.19. Before using any approved AMOC on (2) For airplanes specified in Table 3 of any airplane to which the AMOC applies, SUMMARY: We are adopting a new paragraph 1.E., ‘‘Compliance,’’ of the service notify your appropriate principal inspector airworthiness directive (AD) for the bulletin: Do the applicable initial inspection (PI) in the FAA Flight Standards District products listed above. This AD results and replacement required by paragraph (g) of Office (FSDO), or lacking a PI, your local from mandatory continuing this AD within 24 months after the effective FSDO. airworthiness information (MCAI) date of this AD. (3) An AMOC that provides an acceptable originated by an aviation authority of level of safety may be used for any repair Corrective Actions required by this AD, if it is approved by an another country to identify and correct (h) If any crack or loose or missing fastener Authorized Representative for the Boeing an unsafe condition on an aviation is found during any applicable inspection Commercial Airplanes Delegation Option product. The MCAI describes the unsafe required by paragraph (g) of this AD, before Authorization Organization who has been condition as: further flight, do the applicable corrective authorized by the Manager, Seattle ACO, to * * * * * action in accordance with the service make those findings. For a repair method to This assessment showed that the electrical bulletin; except, where the service bulletin be approved, the repair must meet the harness of the Fuel Quantity Gauging System specifies to contact Boeing for appropriate certification basis of the airplane, and the (FQGS) is installed in the same routing as the action, before further flight, repair the crack approval must specifically refer to this AD. 28 Volts AC, 28 Volts DC, and 115 Volts AC using a method approved in accordance with (4) Use of Boeing Model 737 NDT Manual, electrical harnesses. A chafing condition the procedures specified in paragraph (l) of Part 6, Subject 53–30–25, is an AMOC for between these electrical harnesses and the this AD. Boeing Model 737 NDT Manual, Part 6, FQGS harness could increase the surface Subjects 53–30–19 and 53–30–23, as temperatures of fuel quantity probes and high Terminating Action for Certain Repetitive specified in the service bulletin. Inspections level sensors inside the fuel tank, resulting in potential ignition source[s] and consequent (i) For airplanes on which the preventative Material Incorporated by Reference fuel tank explosion. modification specified in the service bulletin (m) You must use Boeing Special Attention has not been installed: Accomplishing the Service Bulletin 737–53–1232, dated April 2, * * * * * preventative modification, time-limited 2007, to do the actions required by this AD, We are issuing this AD to require repair, or permanent repair in accordance unless the AD specifies otherwise. actions to correct the unsafe condition with the service bulletin ends the applicable (1) The Director of the Federal Register on these products. approved the incorporation by reference of repetitive external detailed inspections DATES: This AD becomes effective July required by paragraph (g) of this AD. this service information under 5 U.S.C. 552(a) and 1 CFR part 51. 16, 2008. Exceptions to the Service Bulletin (2) For service information identified in The Director of the Federal Register Procedures for Previously Installed Repairs this AD, contact Boeing Commercial approved the incorporation by reference (j) For any airplane subject to the Airplanes, P.O. Box 3707, Seattle, of a certain publication listed in this AD requirements of paragraph (g) of this AD: Washington 98124–2207. as of July 16, 2008.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32994 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

ADDRESSES: You may examine the AD new maintenance requirements, this different words from those in the MCAI docket on the Internet at http:// rule included Special Federal Aviation to ensure the AD is clear for U.S. www.regulations.gov or in person at the Regulation Number 88 (‘‘SFAR 88,’’ operators and is enforceable. In making U.S. Department of Transportation, Amendment 21–78, and subsequent these changes, we do not intend to differ Docket Operations, M–30, West Amendments 21–82 and 21–83). substantively from the information Building Ground Floor, Room W12–140, Among other actions, SFAR 88 provided in the MCAI and related 1200 New Jersey Avenue, SE., requires certain type design (i.e., type service information. Washington, DC. certificate (TC) and supplemental type We might also have required different FOR FURTHER INFORMATION CONTACT: certificate (STC)) holders to substantiate actions in this AD from those in the Richard Fiesel, Aerospace Engineer, that their fuel tank systems can prevent MCAI in order to follow our FAA Airframe and Propulsion Branch, ANE– ignition sources in the fuel tanks. This policies. Any such differences are 171, FAA, New York Aircraft requirement applies to type design highlighted in a NOTE within the AD. Certification Office, 1600 Stewart holders for large turbine-powered Costs of Compliance Avenue, Suite 410, Westbury, New York transport airplanes and for subsequent 11590; telephone (516) 228–7304; fax modifications to those airplanes. It We estimate that this AD will affect (516) 794–5531. requires them to perform design reviews 709 products of U.S. registry. We also SUPPLEMENTARY INFORMATION: and to develop design changes and estimate that it will take about 83 work- maintenance procedures if their designs hours per product to comply with the Discussion do not meet the new fuel tank safety basic requirements of this AD. The We issued a notice of proposed standards. As explained in the preamble average labor rate is $80 per work-hour. rulemaking (NPRM) to amend 14 CFR to the rule, we intended to adopt Required parts will cost about $15,552 part 39 to include an AD that would airworthiness directives to mandate any per product. Where the service apply to the specified products. That changes found necessary to address information lists required parts costs NPRM was published in the Federal unsafe conditions identified as a result that are covered under warranty, we Register on March 27, 2008 (73 FR of these reviews. have assumed that there will be no 16221). That NPRM proposed to correct In evaluating these design reviews, we charge for these parts. As we do not an unsafe condition for the specified have established four criteria intended control warranty coverage for affected products. The MCAI states: to define the unsafe conditions parties, some parties may incur costs associated with fuel tank systems that Bombardier Aerospace has completed a higher than estimated here. Based on system safety review of the CL–600–2B19 require corrective actions. The these figures, we estimate the cost of aircraft fuel system against new fuel tank percentage of operating time during this AD to the U.S. operators to be safety standards, introduced in Chapter 525 which fuel tanks are exposed to $15,734,128, or $22,192 per product. of the Airworthiness Manual through Notice flammable conditions is one of these of Proposed Amendment (NPA) 2002–043. criteria. The other three criteria address Authority for This Rulemaking The identified non-compliances were the failure types under evaluation: Title 49 of the United States Code assessed using Transport Canada Policy single failures, single failures in specifies the FAA’s authority to issue Letter No. 525–001, to determine if combination with a latent condition(s), mandatory corrective action is required. rules on aviation safety. Subtitle I, This assessment showed that the electrical and in-service failure experience. For all section 106, describes the authority of harness of the Fuel Quantity Gauging System four criteria, the evaluations included the FAA Administrator. ‘‘Subtitle VII: (FQGS) is installed in the same routing as the consideration of previous actions taken Aviation Programs,’’ describes in more 28 Volts AC, 28 Volts DC, and 115 Volts AC that may mitigate the need for further detail the scope of the Agency’s electrical harnesses. A chafing condition action. authority. between these electrical harnesses and the We have determined that the actions We are issuing this rulemaking under FQGS harness could increase the surface identified in this AD are necessary to the authority described in ‘‘Subtitle VII, temperatures of fuel quantity probes and high reduce the potential of ignition sources level sensors inside the fuel tank, resulting in Part A, Subpart III, Section 44701: inside fuel tanks, which, in combination General requirements.’’ Under that potential ignition source[s] and consequent with flammable fuel vapors, could result fuel tank explosion. section, Congress charges the FAA with in fuel tank explosions and consequent To correct the unsafe condition, this promoting safe flight of civil aircraft in directive mandates the modification of FQGS loss of the airplane. air commerce by prescribing regulations electrical harness routing. Comments for practices, methods, and procedures You may obtain further information by We gave the public the opportunity to the Administrator finds necessary for examining the MCAI in the AD docket. participate in developing this AD. We safety in air commerce. This regulation The FAA has examined the received no comments on the NPRM or is within the scope of that authority underlying safety issues involved in fuel on the determination of the cost to the because it addresses an unsafe condition tank explosions on several large public. that is likely to exist or develop on transport airplanes, including the products identified in this rulemaking adequacy of existing regulations, the Conclusion action. service history of airplanes subject to We reviewed the available data and Regulatory Findings those regulations, and existing determined that air safety and the maintenance practices for fuel tank public interest require adopting the AD We determined that this AD will not systems. As a result of those findings, as proposed. have federalism implications under we issued a regulation titled ‘‘Transport Executive Order 13132. This AD will Airplane Fuel Tank System Design Differences Between This AD and the not have a substantial direct effect on Review, Flammability Reduction and MCAI or Service Information the States, on the relationship between Maintenance and Inspection We have reviewed the MCAI and the national government and the States, Requirements’’ (66 FR 23086, May 7, related service information and, in or on the distribution of power and 2001). In addition to new airworthiness general, agree with their substance. But responsibilities among the various standards for transport airplanes and we might have found it necessary to use levels of government.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32995

For the reasons discussed above, I the FAA amends 14 CFR part 39 as safety standards, introduced in Chapter 525 certify this AD: follows: of the Airworthiness Manual through Notice 1. Is not a ‘‘significant regulatory of Proposed Amendment (NPA) 2002–043. action’’ under Executive Order 12866; PART 39—AIRWORTHINESS The identified non-compliances were 2. Is not a ‘‘significant rule’’ under the DIRECTIVES assessed using Transport Canada Policy DOT Regulatory Policies and Procedures Letter No. 525–001, to determine if I 1. The authority citation for part 39 (44 FR 11034, February 26, 1979); and mandatory corrective action is required. continues to read as follows: 3. Will not have a significant This assessment showed that the electrical economic impact, positive or negative, Authority: 49 U.S.C. 106(g), 40113, 44701. harness of the Fuel Quantity Gauging System (FQGS) is installed in the same routing as the on a substantial number of small entities § 39.13 [Amended] under the criteria of the Regulatory 28 Volts AC, 28 Volts DC, and 115 Volts AC Flexibility Act. I 2. The FAA amends § 39.13 by adding electrical harnesses. A chafing condition We prepared a regulatory evaluation the following new AD: between these electrical harnesses and the of the estimated costs to comply with 2008–12–10 Bombardier, Inc. (Formerly FQGS harness could increase the surface this AD and placed it in the AD docket. Canadair): Amendment 39–15553. temperatures of fuel quantity probes and high Docket No. FAA–2008–0363; Directorate Examining the AD Docket level sensors inside the fuel tank, resulting in Identifier 2008–NM–020–AD. potential ignition source[s] and consequent You may examine the AD docket on Effective Date fuel tank explosion. the Internet at http:// To correct the unsafe condition, this www.regulations.gov; or in person at the (a) This airworthiness directive (AD) becomes effective July 16, 2008. directive mandates the modification of FQGS Docket Operations office between 9 a.m. electrical harness routing. and 5 p.m., Monday through Friday, Affected ADs Actions and Compliance except Federal holidays. The AD docket (b) None. contains the NPRM, the regulatory (f) Within 10,000 flight hours after the Applicability evaluation, any comments received, and effective date of this AD, unless already other information. The street address for (c) This AD applies to Bombardier Model done, do the following actions. CL–600–2B19 (Regional Jet Series 100 & 440) (1) Modify the FQGS harness routing the Docket Operations office (telephone airplanes; certificated in any category; serial according to the Accomplishment (800) 647–5527) is in the ADDRESSES numbers 7003 through 7067 inclusive, and section. Comments will be available in 7069 through 7982 inclusive. Instructions of Bombardier Service Bulletin the AD docket shortly after receipt. 601R–28–059, Revision E, dated October 29, Subject 2007. List of Subjects in 14 CFR Part 39 (d) Air Transport Association (ATA) of (2) Actions done before the effective date Air transportation, Aircraft, Aviation America Code 28: Fuel. of this AD in accordance with the safety, Incorporation by reference, Reason Bombardier service information specified in Safety. Table 1 of this AD are acceptable for (e) The mandatory continuing compliance with the corresponding Adoption of the Amendment airworthiness information (MCAI) states: Bombardier Aerospace has completed a requirements of this AD. I Accordingly, under the authority system safety review of the CL–600–2B19 delegated to me by the Administrator, aircraft fuel system against new fuel tank

TABLE 1.—SERVICE INFORMATION

Service Bulletin Revision Date

601R–28–059 ...... Original ...... October 19, 2004. 601R–28–059 ...... A ...... July 28, 2005. 601R–28–059 ...... B ...... November 17, 2005. 601R–28–059 ...... C ...... March 8, 2007. 601R–28–059 ...... D ...... May 10, 2007.

FAA AD Differences which the AMOC applies, notify your Related Information appropriate principal inspector (PI) in the Note: This AD differs from the MCAI and/ (h) Refer to MCAI Canadian Airworthiness FAA Flight Standards District Office (FSDO), or service information as follows: No Directive CF–2007–36, dated December 21, differences. or lacking a PI, your local FSDO. 2007, and Bombardier Service Bulletin 601R– (2) Airworthy Product: For any 28–059, Revision E, dated October 29, 2007, Other FAA AD Provisions requirement in this AD to obtain corrective for related information. actions from a manufacturer or other source, (g) The following provisions also apply to Material Incorporated by Reference this AD: use these actions if they are FAA-approved. (1) Alternative Methods of Compliance Corrective actions are considered FAA- (i) You must use Bombardier Service (AMOCs): The Manager, New York Aircraft approved if they are approved by the State Bulletin 601R–28–059, Revision E, dated Certification Office (ACO), FAA, has the of Design Authority (or their delegated October 29, 2007, to do the actions required authority to approve AMOCs for this AD, if agent). You are required to assure the product by this AD, unless the AD specifies requested using the procedures found in 14 is airworthy before it is returned to service. otherwise. CFR 39.19. Send information to ATTN: (3) Reporting Requirements: For any (1) The Director of the Federal Register Richard Fiesel, Aerospace Engineer, Airframe reporting requirement in this AD, under the approved the incorporation by reference of and Propulsion Branch, ANE–171, FAA, New provisions of the Paperwork Reduction Act, this service information under 5 U.S.C. York ACO, 1600 Stewart Avenue, Suite 410, the Office of Management and Budget (OMB) 552(a) and 1 CFR part 51. Westbury, New York 11590; telephone (516) has approved the information collection (2) For service information identified in 228–7304; fax (516) 794–5531. Before using requirements and has assigned OMB Control this AD, contact Bombardier, Inc., Canadair, any approved AMOC on any airplane to Number 2120–0056. Aerospace Group, P.O. Box 6087, Station

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32996 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Centre-ville, Montreal, Quebec H3C 3G9, Examining the AD Docket required by this AD. If the ID label on Canada. You may examine the AD docket on the oxygen mask shows that the mask (3) You may review copies at the FAA, was manufactured by B/E Aerospace Transport Airplane Directorate, 1601 Lind the Internet at http:// Avenue, SW., Renton, Washington; or at the www.regulations.gov; or in person at the between January 1, 2002 and March 1, National Archives and Records Docket Management Facility between 9 2006, then the related investigative Administration (NARA). For information on a.m. and 5 p.m., Monday through action must be done. The related the availability of this material at NARA, call Friday, except Federal holidays. The AD investigative action includes doing a (202) 741–6030, or go to: http:// docket contains this AD, the regulatory general visual inspection of the flow www.archives.gov/federal-register/cfr/ibr- indicator to determine the color of the locations.html. evaluation, any comments received, and other information. The address for the flow direction mark and the word Issued in Renton, Washington, on May 29, Docket Office (telephone 800–647–5527) ‘‘flow’’ on the flow indicator, and to 2008. is the Document Management Facility, determine whether the letter ‘‘W’’ Ali Bahrami, U.S. Department of Transportation, appears on the right side of the ID label. Manager, Transport Airplane Directorate, Docket Operations, M–30, West If the flow direction mark and the word Aircraft Certification Service. Building Ground Floor, Room W12–140, ‘‘flow’’ on the flow indicator of the [FR Doc. E8–12825 Filed 6–10–08; 8:45 am] 1200 New Jersey Avenue, SE., oxygen mask are not green and the letter BILLING CODE 4910–13–P Washington, DC 20590. ‘‘W’’ is not shown on the right side of the ID label, then the corrective action FOR FURTHER INFORMATION CONTACT: must be done. The corrective action Robert Hettman, Aerospace Engineer, DEPARTMENT OF TRANSPORTATION includes replacing the oxygen mask Cabin Safety and Environmental with one that was not manufactured by Systems Branch, ANM–150S, FAA, Federal Aviation Administration B/E Aerospace between January 1, 2002, Seattle Aircraft Certification Office, and March 1, 2006, or with a modified 1601 Lind Avenue, SW., Renton, 14 CFR Part 39 oxygen mask having an improved flow Washington 98057–3356; telephone indicator. We have revised paragraph (f) [Docket No. FAA–2007–0393; Directorate (425) 917–6457; fax (425) 917–6590. Identifier 2007–NM–183–AD; Amendment of this AD accordingly. (Boeing Special 39–15548; AD 2008–12–05] SUPPLEMENTARY INFORMATION: Attention Service Bulletin 777–35– RIN 2120–AA64 Discussion 0019, dated March 9, 2006, refers to B/E Aerospace Service Bulletin 174080– We issued a notice of proposed Airworthiness Directives; Boeing 35–01, dated February 6, 2006; and rulemaking (NPRM) to amend 14 CFR Model 777 Airplanes Revision 1, dated May 1, 2006; as part 39 to include an airworthiness additional sources of service AGENCY: directive (AD) that would apply to Federal Aviation information for modifying the oxygen certain Boeing Model 777 airplanes. Administration (FAA), DOT. mask assembly by replacing the flow That NPRM was published in the ACTION: Final rule. indicator with an improved flow Federal Register on January 10, 2008 indicator.) The intent of this AD is to SUMMARY: We are adopting a new (73 FR 1844). That NPRM proposed to accomplish all of the applicable actions airworthiness directive (AD) for certain require an inspection to determine the specified in the Accomplishment Boeing Model 777 airplanes. This AD manufacturer and manufacture date of Instructions of Boeing Special Attention requires an inspection to determine the the oxygen masks in the center and Service Bulletin 777–35–0019. Since the manufacturer and manufacture date of outboard passenger service units (PSUs), Relevant Service Information section is the oxygen masks in the center and crew rests, and lavatory and flight not retained in an AD, we have not outboard passenger service units, crew attendant oxygen boxes, as applicable. changed this AD in this regard. rests, and lavatory and flight attendant The NPRM also proposed to require oxygen boxes, as applicable. This AD related investigative/corrective actions Request To Revise the Discussion also requires related investigative/ if necessary. Section corrective actions if necessary. This AD results from a report that several Comments Boeing requests that we add a passenger masks with broken in-line We gave the public the opportunity to statement to the Discussion section of flow indicators were found following a participate in developing this AD. We the NPRM clarifying that only masks mask deployment. We are issuing this considered the comments received from manufactured by B/E Aerospace AD to prevent the in-line flow the two commenters. between January 1, 2002 and March 1, indicators of the passenger oxygen 2006 would require corrective action. masks from fracturing and separating, Request To Revise the Relevant Service Boeing states that no further action is which could inhibit oxygen flow to the Information Section required for oxygen masks masks and consequently result in Boeing requests that we revise the manufactured outside those dates or exposure of the passengers and cabin Relevant Service Information section of manufactured by other suppliers. attendants to hypoxia following a the NPRM to include a general visual Boeing also states that not including all depressurization event. inspection of the flow indicator to of the contents of Boeing Special DATES: This AD is effective July 16, determine whether the letter ‘‘W’’ Attention Service Bulletin 777–35–0019 2008. appears on the right side of the in this AD, and not clarifying the intent The Director of the Federal Register identification (ID) label. Boeing states of the AD, will generate many requests approved the incorporation by reference that this inspection should be included for clarification from operators. of certain publications listed in this AD in the NPRM, since the presence of the We have clarified the requirements of as of July 16, 2008. letter ‘‘W’’ on the ID label indicates that this AD in our response to the previous ADDRESSES: For service information the corrective actions have already been comment. No additional change to this identified in this AD, contact Boeing accomplished. AD is necessary in this regard, since the Commercial Airplanes, P.O. Box 3707, We agree to clarify the related Discussion section of the NPRM is not Seattle, Washington 98124–2207. investigative and corrective actions retained in this final rule.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32997

Request To Delete Certain Costs of Compliance Adoption of the Amendment Requirements or Add a Terminating There are about 433 airplanes of the I Action Accordingly, under the authority affected design in the worldwide fleet. delegated to me by the Administrator, British Airways states that it does not This AD affects about 123 airplanes of the FAA amends 14 CFR part 39 as agree with the proposed requirement to U.S. registry. The required actions take follows: replace a discrepant oxygen mask with about 70 work hours per airplane, with one having an improved flow indicator an average of 480 oxygen masks per PART 39—AIRWORTHINESS because only the oxygen masks airplane, at an average labor rate of $80 DIRECTIVES identified in Boeing Special Attention per work hour. Based on these figures, I 1. The authority citation for part 39 Service Bulletin 777–35–0019 are the estimated cost of the AD for U.S. continues to read as follows: potentially defective. The commenter operators is $688,800, or $5,600 per also states that it has inspected some of airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. its airplanes and replaced all discrepant Authority for This Rulemaking § 39.13 [Amended] masks with new masks that do not fall within the rejection criteria. The Title 49 of the United States Code I 2. The FAA amends § 39.13 by adding commenter believes that it should not specifies the FAA’s authority to issue the following new AD: have to re-inspect the oxygen mask rules on aviation safety. Subtitle I, 2008–12–05 Boeing: Amendment 39–15548. assemblies for the presence of an section 106, describes the authority of Docket No. FAA–2007–0393; Directorate improved flow indicator after this AD is the FAA Administrator. ‘‘Subtitle VII: Identifier 2007–NM–183–AD. issued. The commenter, therefore, Aviation Programs,’’ describes in more Effective Date requests that we revise this AD in either detail the scope of the Agency’s authority. (a) This airworthiness directive (AD) is one of the following ways: effective July 16, 2008. • Delete the phrase from paragraph (f) We are issuing this rulemaking under of this AD that states ‘‘* * * except the authority described in ‘‘Subtitle VII, Affected ADs where the service bulletin specifies Part A, Subpart III, Section 44701: (b) None. installing a new oxygen mask, replace General requirements.’’ Under that Applicability the oxygen mask with a new or section, Congress charges the FAA with modified oxygen mask having an promoting safe flight of civil aircraft in (c) This AD applies to Boeing Model 777– improved flow indicator.’’ air commerce by prescribing regulations 200, –200LR, –300, and –300ER series • airplanes, certificated in any category; as Add a statement to this AD for practices, methods, and procedures identified in Boeing Special Attention specifying that inspections done in the Administrator finds necessary for Service Bulletin 777–35–0019, dated March accordance with Boeing Special safety in air commerce. This regulation 9, 2006. Attention Service Bulletin 777–35–0019 is within the scope of that authority before issuance of this AD comply with because it addresses an unsafe condition Unsafe Condition the intent of this AD and do not need that is likely to exist or develop on (d) This AD results from a report that to be repeated. products identified in this rulemaking several passenger masks with broken in-line We agree that inspections done in action. flow indicators were found following a mask deployment. We are issuing this AD to accordance with Boeing Special Regulatory Findings prevent the in-line flow indicators of the Attention Service Bulletin 777–35–0019 passenger oxygen masks from fracturing and before the effective date of this AD do This AD will not have federalism separating, which could inhibit oxygen flow not need to be accomplished again. implications under Executive Order to the masks and consequently result in However, no change is necessary in this 13132. This AD will not have a exposure of the passengers and cabin regard, since a similar statement is substantial direct effect on the States, on attendants to hypoxia following a contained already in paragraph (e) of the relationship between the national depressurization event. this AD. Further, as stated previously, government and the States, or on the Compliance distribution of power and we have clarified the phrase regarding (e) You are responsible for having the replacement of the oxygen mask in responsibilities among the various actions required by this AD performed within paragraph (f) of this AD. The intent of levels of government. the compliance times specified, unless the that phrase is to provide the option of For the reasons discussed above, I actions have already been done. replacing a discrepant oxygen mask certify that this AD: (1) Is not a ‘‘significant regulatory Inspection and Related Investigative/ with one that was not manufactured by Corrective Actions if Necessary B/E Aerospace between January 1, 2002, action’’ under Executive Order 12866, and March 1, 2006, or with a modified (2) Is not a ‘‘significant rule’’ under (f) Within 60 months after the effective DOT Regulatory Policies and Procedures date of this AD, do a general visual oxygen mask having an improved flow inspection to determine the manufacturer indicator in accordance with B/E (44 FR 11034, February 26, 1979), and and manufacture date of the oxygen masks in Aerospace Service Bulletin 174080–35– (3) Will not have a significant the center and outboard passenger service 01. economic impact, positive or negative, units, crew rests, and lavatory and flight on a substantial number of small entities attendant oxygen boxes, as applicable, and Conclusion under the criteria of the Regulatory do the applicable related investigative and We reviewed the relevant data, Flexibility Act. corrective actions, by accomplishing all of considered the comments received, and You can find our regulatory the applicable actions specified in the determined that air safety and the evaluation and the estimated costs of Accomplishment Instructions of Boeing public interest require adopting the AD Special Attention Service Bulletin 777–35– compliance in the AD Docket. 0019, dated March 9, 2006; except where the with the change described previously. List of Subjects in 14 CFR Part 39 service bulletin specifies installing a new We also determined that this change oxygen mask, replace the oxygen mask with will not increase the economic burden Air transportation, Aircraft, Aviation one that was not manufactured by B/E on any operator or increase the scope of safety, Incorporation by reference, Aerospace between January 1, 2002, and the AD. Safety. March 1, 2006, or with a modified oxygen

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 32998 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

mask having an improved flow indicator. The DEPARTMENT OF TRANSPORTATION 11590; telephone (516) 228–7321; fax related investigative and corrective actions (516) 794–5531. must be done before further flight. Federal Aviation Administration SUPPLEMENTARY INFORMATION: Note 1: The Boeing service bulletin refers to B/E Aerospace Service Bulletin 174080– 14 CFR Part 39 Discussion 35–01, dated February 6, 2006; and Revision [Docket No. FAA–2008–0300; Directorate We issued a notice of proposed 1, dated May 1, 2006; as additional sources Identifier 2008–NM–019–AD; Amendment rulemaking (NPRM) to amend 14 CFR of service information for modifying the 39–15552; AD 2008–12–09] part 39 to include an AD that would oxygen mask assembly by replacing the flow apply to the specified products. That indicator with an improved flow indicator. RIN 2120–AA64 NPRM was published in the Federal Register on March 17, 2008 (73 FR Alternative Methods of Compliance Airworthiness Directives; Bombardier 14189). That NPRM proposed to correct (AMOCs) Model CL–600–2C10 (Regional Jet an unsafe condition for the specified Series 700, 701, & 702) and CL–600– (g)(1) The Manager, Seattle Aircraft products. The MCAI states: Certification Office, FAA, has the authority to 2D24 (Regional Jet Series 900) approve AMOCs for this AD, if requested in Airplanes Bombardier Aerospace has completed a accordance with the procedures found in 14 system safety review of the CL–600–2C10/ CL–600–2D24 aircraft fuel system against CFR 39.19. AGENCY: Federal Aviation new fuel tank safety standards, introduced in (2) To request a different method of Administration (FAA), Department of Transportation (DOT). Chapter 525 of the Airworthiness Manual compliance or a different compliance time through Notice of Proposed Amendment for this AD, follow the procedures in 14 CFR ACTION: Final rule. (NPA) 2002–043. The identified non- 39.19. Before using any approved AMOC on compliances were assessed using Transport SUMMARY: any airplane to which the AMOC applies, We are adopting a new Canada Policy Letter No. 525–001 to notify your appropriate principal inspector airworthiness directive (AD) for the determine if mandatory corrective action is (PI) in the FAA Flight Standards District products listed above. This AD results required. Office (FSDO), or lacking a PI, your local from mandatory continuing The assessment and lightning tests showed FSDO. airworthiness information (MCAI) that certain fuel tube self-bonded couplings originated by an aviation authority of do not provide sufficient lightning current Material Incorporated by Reference another country to identify and correct capability. The assessment also showed that (h) You must use Boeing Special Attention an unsafe condition on an aviation single failure of the integral bonding wire of the self-bonded couplings could affect Service Bulletin 777–35–0019, dated March product. The MCAI describes the unsafe electrical bonding between fuel tubes. 9, 2006, to do the actions required by this condition as: Insufficient electrical bonding between fuel AD, unless the AD specifies otherwise. * * * * * tubes or insufficient current capability of fuel (1) The Director of the Federal Register The assessment and lightning tests showed tube couplings, if not corrected, could result approved the incorporation by reference of that certain fuel tube self-bonded couplings in arcing and potential ignition source[s] this service information under 5 U.S.C. do not provide sufficient lightning current inside the fuel tank during lightning strikes 552(a) and 1 CFR part 51. capability. The assessment also showed that and consequent fuel tank explosion. To (2) For service information identified in single failure of the integral bonding wire of correct the unsafe condition, this directive this AD, contact Boeing Commercial the self-bonded couplings could affect mandates the replacement of certain fuel tube Airplanes, P.O. Box 3707, Seattle, electrical bonding between the tubes. couplings with redesigned couplings. Insufficient electrical bonding between fuel Washington 98124–2207. tubes or insufficient current capability of fuel You may obtain further information by (3) You may review copies of the service tube couplings, if not corrected, could result examining the MCAI in the AD docket. information incorporated by reference at the in arcing and potential ignition source[s] Comments FAA, Transport Airplane Directorate, 1601 inside the fuel tank during lightning strikes Lind Avenue, SW., Renton, Washington; or at and consequent fuel tank explosion. * * * We gave the public the opportunity to the National Archives and Records We are issuing this AD to require participate in developing this AD. We Administration (NARA). For information on received no comments on the NPRM or the availability of this material at NARA, call actions to correct the unsafe condition on these products. on the determination of the cost to the 202–741–6030, or go to: http:// public. www.archives.gov/federal_register/code_of_ DATES: This AD becomes effective July federal_regulations/ibr_locations.html. 16, 2008. Conclusion The Director of the Federal Register Issued in Renton, Washington, on May 29, We reviewed the available data and approved the incorporation by reference 2008. determined that air safety and the of a certain publication listed in this AD public interest require adopting the AD Ali Bahrami, as of July 16, 2008. as proposed. Manager, Transport Airplane Directorate, ADDRESSES: You may examine the AD Aircraft Certification Service. docket on the Internet at http:// Differences Between This AD and the [FR Doc. E8–12717 Filed 6–10–08; 8:45 am] www.regulations.gov or in person at the MCAI or Service Information BILLING CODE 4910–13–P U.S. Department of Transportation, We have reviewed the MCAI and Docket Operations, M–30, West related service information and, in Building Ground Floor, Room W12–140, general, agree with their substance. But 1200 New Jersey Avenue, SE., we might have found it necessary to use Washington, DC. different words from those in the MCAI FOR FURTHER INFORMATION CONTACT: to ensure the AD is clear for U.S. James Delisio, Aerospace Engineer, operators and is enforceable. In making Airframe and Propulsion Branch, ANE– these changes, we do not intend to differ 171, FAA, New York Aircraft substantively from the information Certification Office, 1600 Stewart provided in the MCAI and related Avenue, Suite 410, Westbury, New York service information.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 32999

We might also have required different 3. Will not have a significant Reason actions in this AD from those in the economic impact, positive or negative, (e) The mandatory continuing MCAI in order to follow our FAA on a substantial number of small entities airworthiness information (MCAI) states: policies. Any such differences are under the criteria of the Regulatory Bombardier Aerospace has completed a highlighted in a NOTE within the AD. Flexibility Act. system safety review of the CL–600–2C10/ CL–600–2D24 aircraft fuel system against Costs of Compliance We prepared a regulatory evaluation new fuel tank safety standards, introduced in of the estimated costs to comply with Chapter 525 of the Airworthiness Manual We estimate that this AD will affect this AD and placed it in the AD docket. through Notice of Proposed Amendment about 160 products of U.S. registry. We (NPA) 2002–043. The identified non- also estimate that it will take about 32 Examining the AD Docket compliances were assessed using Transport work-hours per product to comply with Canada Policy Letter No. 525–001 to the basic requirements of this AD. The You may examine the AD docket on determine if mandatory corrective action is average labor rate is $80 per work-hour. the Internet at http:// required. Required parts will cost about $0 per www.regulations.gov; or in person at the The assessment and lightning tests showed product. Where the service information Docket Operations office between 9 a.m. that certain fuel tube self-bonded couplings do not provide sufficient lightning current lists required parts costs that are and 5 p.m., Monday through Friday, except Federal holidays. The AD docket capability. The assessment also showed that covered under warranty, we have single failure of the integral bonding wire of assumed that there will be no charge for contains the NPRM, the regulatory evaluation, any comments received, and the self-bonded couplings could affect these parts. As we do not control electrical bonding between fuel tubes. warranty coverage for affected parties, other information. The street address for Insufficient electrical bonding between fuel some parties may incur costs higher the Docket Operations office (telephone tubes or insufficient current capability of fuel ADDRESSES than estimated here. Based on these (800) 647–5527) is in the tube couplings, if not corrected, could result figures, we estimate the cost of this AD section. Comments will be available in in arcing and potential ignition source[s] the AD docket shortly after receipt. inside the fuel tank during lightning strikes to the U.S. operators to be $409,600, or and consequent fuel tank explosion. To $2,560 per product. List of Subjects in 14 CFR Part 39 correct the unsafe condition, this directive Authority for This Rulemaking mandates the replacement of certain fuel tube Air transportation, Aircraft, Aviation couplings with redesigned couplings. Title 49 of the United States Code safety, Incorporation by reference, Actions and Compliance specifies the FAA’s authority to issue Safety. rules on aviation safety. Subtitle I, (f) Within 4,500 flight hours after the Adoption of the Amendment effective date of this AD, unless already section 106, describes the authority of done, do the following actions. the FAA Administrator. ‘‘Subtitle VII: I Accordingly, under the authority (1) For airplanes on which Bombardier Aviation Programs,’’ describes in more delegated to me by the Administrator, Service Bulletin 670BA–28–014, dated detail the scope of the Agency’s the FAA amends 14 CFR part 39 as January 4, 2005, has not been incorporated as authority. follows: of the effective date of this AD: Replace fuel We are issuing this rulemaking under tube couplings inside the wing and center the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS fuel tanks with redesigned couplings, in Part A, Subpart III, Section 44701: DIRECTIVES accordance with Part A of the Accomplishment Instructions of Bombardier General requirements.’’ Under that Service Bulletin 670BA–28–014, Revision A, I section, Congress charges the FAA with 1. The authority citation for part 39 dated May 7, 2007. promoting safe flight of civil aircraft in continues to read as follows: (2) For airplanes on which Bombardier air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin 670BA–28–014, dated for practices, methods, and procedures January 4, 2005, has been incorporated as of the Administrator finds necessary for § 39.13 [Amended] the effective date of this AD: Do a visual inspection of the aft scavenge ejector fuel safety in air commerce. This regulation I is within the scope of that authority 2. The FAA amends § 39.13 by adding couplings inside the left- and right-hand the following new AD: wing fuel tanks to determine if redesigned because it addresses an unsafe condition couplings are installed, and replace with that is likely to exist or develop on 2008–12–09 Bombardier, Inc. (Formerly redesigned couplings as applicable, in products identified in this rulemaking Canadair): Amendment 39–15552. accordance with Part B of the action. Docket No. FAA–2008–0300; Directorate Accomplishment Instructions of Bombardier Identifier 2008–NM–019–AD. Service Bulletin 670BA–28–014, Revision A, Regulatory Findings Effective Date dated May 7, 2007. We determined that this AD will not (a) This airworthiness directive (AD) FAA AD Differences have federalism implications under becomes effective July 16, 2008. Executive Order 13132. This AD will Note: This AD differs from the MCAI and/ Affected ADs or service information as follows: No not have a substantial direct effect on differences. the States, on the relationship between (b) None. the national government and the States, Applicability Other FAA AD Provisions or on the distribution of power and (c) This AD applies to Bombardier Model (g) The following provisions also apply to responsibilities among the various CL–600–2C10 (Regional Jet Series 700, 701, this AD: levels of government. & 702) airplanes, serial numbers 10003 (1) Alternative Methods of Compliance For the reasons discussed above, I through 10169 inclusive; and Model CL–600– (AMOCs): The Manager, New York Aircraft certify this AD: 2D24 (Regional Jet Series 900) airplanes, Certification Office (ACO), FAA, has the 1. Is not a ‘‘significant regulatory serial numbers 15001 through 15025 authority to approve AMOCs for this AD, if inclusive; certificated in any category. requested using the procedures found in 14 action’’ under Executive Order 12866; CFR 39.19. Send information to ATTN: James 2. Is not a ‘‘significant rule’’ under the Subject Delisio, Aerospace Engineer, Airframe and DOT Regulatory Policies and Procedures (d) Air Transport Association (ATA) of Propulsion Branch, ANE–171, FAA, New (44 FR 11034, February 26, 1979); and America Code 28: Fuel. York ACO, 1600 Stewart Avenue, Suite 410,

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33000 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Westbury, New York 11590; telephone (516) DEPARTMENT OF TRANSPORTATION part 39 to include an AD that would 228–7321; fax (516) 794–5531. Before using apply to the specified products. That any approved AMOC on any airplane to Federal Aviation Administration NPRM was published in the Federal which the AMOC applies, notify your Register on April 11, 2008 (73 FR appropriate principal inspector (PI) in the 14 CFR Part 39 19766). That NPRM proposed to correct FAA Flight Standards District Office (FSDO), [Docket No. FAA–2008–0426 Directorate an unsafe condition for the specified or lacking a PI, your local FSDO. Identifier 2008–CE–016–AD; Amendment products. The MCAI states: (2) Airworthy Product: For any requirement 39–15549; AD 2008–12–06] Vortex inserts are used inside the heat in this AD to obtain corrective actions from RIN 2120–AA64 exchanger of the carburettor heating system. a manufacturer or other source, use these Up to serial number (s/n) 0044 inclusive actions if they are FAA-approved. Corrective those inserts have been produced from actions are considered FAA-approved if they Airworthiness Directives; MORAVAN a.s. Model Z–143L Airplanes aluminium alloy which has been found to be are approved by the State of Design Authority susceptible of cracks. As a consequence, if (or their delegated agent). You are required AGENCY: Federal Aviation left uncorrected some loose parts could to assure the product is airworthy before it Administration (FAA), Department of migrate in the induction system, reduce the is returned to service. Transportation (DOT). air flow through the carburettor’s venturi and lead to a loss of engine power. (3) Reporting Requirements: For any ACTION: Final Rule. reporting requirement in this AD, under the From s/n 0045 onwards vortex inserts have provisions of the Paperwork Reduction Act, SUMMARY: We are adopting a new been produced from stainless steel. the Office of Management and Budget (OMB) airworthiness directive (AD) for the Comments has approved the information collection products listed above. This AD results We gave the public the opportunity to requirements and has assigned OMB Control from mandatory continuing participate in developing this AD. We Number 2120–0056. airworthiness information (MCAI) received no comments on the NPRM or Related Information issued by an aviation authority of on the determination of the cost to the another country to identify and correct public. (h) Refer to MCAI Canadian Airworthiness an unsafe condition on an aviation Directive CF–2008–02, dated January 3, 2008, product. The MCAI describes the unsafe Conclusion and Bombardier Service Bulletin 670BA–28– condition as: 014, Revision A, dated May 7, 2007, for We reviewed the available data and related information. Vortex inserts are used inside the heat determined that air safety and the exchanger of the carburettor heating system. public interest require adopting the AD Material Incorporated by Reference Up to serial number (s/n) 0044 inclusive as proposed. (i) You must use Bombardier Service those inserts have been produced from aluminium alloy which has been found to be Differences Between This AD and the Bulletin 670BA–28–014, Revision A, dated susceptible of cracks. As a consequence, if MCAI or Service Information May 7, 2007, to do the actions required by left uncorrected some loose parts could We have reviewed the MCAI and this AD, unless the AD specifies otherwise. migrate in the induction system, reduce the (1) The Director of the Federal Register air flow through the carburettor’s venturi and related service information and, in approved the incorporation by reference of lead to a loss of engine power. general, agree with their substance. But this service information under 5 U.S.C. From s/n 0045 onwards vortex inserts have we might have found it necessary to use 552(a) and 1 CFR part 51. been produced from stainless steel. different words from those in the MCAI (2) For service information identified in We are issuing this AD to require to ensure the AD is clear for U.S. this AD, contact Bombardier, Inc., Canadair, actions to correct the unsafe condition operators and is enforceable. In making Aerospace Group, P.O. Box 6087, Station on these products. these changes, we do not intend to differ Centre-ville, Montreal, Quebec H3C 3G9, substantively from the information DATES: This AD becomes effective July Canada. 16, 2008. provided in the MCAI and related (3) You may review copies at the FAA, On July 16, 2008, the Director of the service information. Transport Airplane Directorate, 1601 Lind Federal Register approved the We might also have required different Avenue, SW., Renton, Washington; or at the incorporation by reference of certain actions in this AD from those in the National Archives and Records publications listed in this AD. MCAI in order to follow FAA policies. Administration (NARA). For information on Any such differences are highlighted in ADDRESSES: You may examine the AD the availability of this material at NARA, call a Note within the AD. (202) 741–6030, or go to: http:// docket on the Internet at http:// www.archives.gov/federal-register/cfr/ibr- www.regulations.gov or in person at Costs of Compliance locations.html. Document Management Facility, U.S. Based on the service information, we Department of Transportation, Docket estimate that this AD will affect 7 Issued in Renton, Washington, on May 30, Operations, M–30, West Building 2008. products of U.S. registry. We also Ground Floor, Room W12–140, 1200 estimate that it will take about 6 work- Ali Bahrami, New Jersey Avenue, SE., Washington, hours per product to comply with basic Manager, Transport Airplane Directorate, DC 20590. requirements of this AD. The average Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: labor rate is $80 per work-hour. [FR Doc. E8–12735 Filed 6–10–08; 8:45 am] Doug Rudolph, Aerospace Engineer, Required parts will cost about $100 per BILLING CODE 4910–13–P FAA, Small Airplane Directorate, 901 product. Locust, Room 301, Kansas City, Based on these figures, we estimate Missouri 64106; telephone: (816) 329– the cost of this AD to the U.S. operators 4059; fax: (816) 329–4090. to be $4,060 or $580 per product. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking Discussion Title 49 of the United States Code We issued a notice of proposed specifies the FAA’s authority to issue rulemaking (NPRM) to amend 14 CFR rules on aviation safety. Subtitle I,

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33001

section 106, describes the authority of Adoption of the Amendment missing rivets for the vortex inserts, replace the FAA Administrator. ‘‘Subtitle VII: all vortex inserts with new vortex inserts I Accordingly, under the authority Aviation Programs,’’ describes in more made from stainless steel following delegated to me by the Administrator, detail the scope of the Agency’s paragraph 8 of Moravan Aviation s.r.o. the FAA amends 14 CFR part 39 as Mandatory Service Bulletin Z143L/31a, dated authority. follows: June 8, 2007. We are issuing this rulemaking under (2) For SN 0045 and greater: Within 110 the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS hours time-in-service (TIS) after July 16, 2008 Part A, Subpart III, Section 44701: DIRECTIVES (the effective date of this AD) or within 60 General requirements.’’ Under that days after July 16, 2008 (the effective date of I section, Congress charges the FAA with 1. The authority citation for part 39 this AD), whichever occurs first, inspect the continues to read as follows: vortex inserts inside the carburetor heating promoting safe flight of civil aircraft in system heat exchanger following new air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. instructions introduced by new pages 05–28, for practices, methods, and procedures § 39.13 [Amended] 75–7, 75–7A, and 75–8 of ZLIN Z 143 L the Administrator finds necessary for Airplane Maintenance Manual, Revision No. I safety in air commerce. This regulation 2. The FAA amends § 39.13 by adding 9, dated: June 8, 2007, and replace with new is within the scope of that authority the following new AD: vortex inserts made from stainless steel, if because it addresses an unsafe condition 2008–12–06 Moravan a.s.: Amendment 39– cracks and/or loose or missing rivets for the that is likely to exist or develop on 15549; Docket No. FAA–2008–0426; vortex inserts are found. Directorate Identifier 2008–CE–016–AD. (3) For all SNs: Within 60 days after July products identified in this rulemaking 16, 2008 (the effective date of this AD), action. Effective Date incorporate new pages 01–11, 01–12, 01–24, Regulatory Findings (a) This airworthiness directive (AD) 01–35, 05–28, 75–7, 75–7A, 75–7B, and 75– becomes effective July 16, 2008. 8 of ZLIN Z 143 L Airplane Maintenance We determined that this AD will not Manual, Revision No. 9, dated: June 8, 2007, Affected ADs have federalism implications under into your maintenance program. These pages Executive Order 13132. This AD will (b) None. include compliance times and procedures for repetitive inspections and corrective actions. not have a substantial direct effect on Applicability the States, on the relationship between (c) This AD applies to Model Z–143L FAA AD Differences the national government and the States, airplanes, all serial numbers (SNs), Note: This AD differs from the MCAI and/ or on the distribution of power and certificated in any category. or service information as follows: The MCAI responsibilities among the various Subject requires compliance for the inspection of SN levels of government. 0045 and greater at the next shop visit or (d) Air Transport Association of America within 110 hours TIS after the effective date For the reasons discussed above, I (ATA) Code 75: Engine Air. certify this AD: of the MCAI. To assure the AD is clear for Reason U.S. operators and all airplanes have the (1) Is not a ‘‘significant regulatory inspection done in a timely manner, this AD action’’ under Executive Order 12866; (e) The mandatory continuing requires compliance for the inspection of SN airworthiness information (MCAI) states: (2) Is not a ‘‘significant rule’’ under 0045 and greater within 110 hours TIS after Vortex inserts are used inside the heat July 16, 2008 (the effective date of this AD) DOT Regulatory Policies and Procedures exchanger of the carburetor heating system. (44 FR 11034, February 26, 1979); and or within 60 days after July 16, 2008 (the Up to serial number (s/n) 0044 inclusive effective date of this AD), whichever occurs (3) Will not have a significant those inserts have been produced from first. economic impact, positive or negative, aluminium alloy which has been found to be on a substantial number of small entities susceptible of cracks. As a consequence, if Other FAA AD Provisions under the criteria of the Regulatory left uncorrected some loose parts could migrate in the induction system, reduce the (g) The following provisions also apply to Flexibility Act. air flow through the carburetor’s venturi and this AD: We prepared a regulatory evaluation lead to a loss of engine power. (1) Alternative Methods of Compliance of the estimated costs to comply with From s/n 0045 onwards vortex inserts have (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs this AD and placed it in the AD Docket. been produced from stainless steel. To address this unsafe condition, this for this AD, if requested using the procedures Examining the AD Docket Airworthiness Directive (AD) mandates found in 14 CFR 39.19. Send information to initial inspections of the heat exchanger ATTN: Doug Rudolph, Aerospace Engineer, You may examine the AD docket on vortex inserts and replacement of the FAA, Small Airplane Directorate, 901 Locust, the Internet at http:// aluminium inserts by stainless steel ones if Room 301, Kansas City, Missouri 64106; www.regulations.gov; or in person at the any damage is found; and recurrent telephone: (816) 329–4059; fax: (816) 329– Docket Management Facility between 9 inspections to be done as incorporated in the 4090. Before using any approved AMOC on a.m. and 5 p.m., Monday through Revision of Airplane Maintenance Manual. any airplane to which the AMOC applies, Friday, except Federal holidays. The AD notify your appropriate principal inspector Actions and Compliance (PI) in the FAA Flight Standards District docket contains the NPRM, the (f) Unless already done, do the following Office (FSDO), or lacking a PI, your local regulatory evaluation, any comments actions: FSDO. received, and other information. The (1) For all serial numbers (SNs) through SN (2) Airworthy Product: For any requirement street address for the Docket Office 0044: in this AD to obtain corrective actions from (telephone (800) 647–5527) is in the (i) Before further flight after July 16, 2008 a manufacturer or other source, use these ADDRESSES section. Comments will be (the effective date of this AD), inspect the actions if they are FAA-approved. Corrective available in the AD docket shortly after vortex inserts inside the carburetor heating actions are considered FAA-approved if they receipt. system heat exchanger for cracks and/or are approved by the State of Design Authority loose or missing rivets following paragraph 8 (or their delegated agent). You are required List of Subjects in 14 CFR Part 39 of Moravan Aviation s.r.o. Mandatory Service to assure the product is airworthy before it Bulletin Z143L/31a, dated June 8, 2007. is returned to service. Air transportation, Aircraft, Aviation (ii) Before further flight, if as a result of the (3) Reporting Requirements: For any safety, Incorporation by reference, inspection required by paragraph (f)(1)(i) of reporting requirement in this AD, under the Safety. this AD, you find any cracks and/or loose or provisions of the Paperwork Reduction Act

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33002 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

(44 U.S.C. 3501 et seq.), the Office of reflect the United States Department of concerning Regulation E filings of Small Management and Budget (OMB) has Treasury’s Financial Management Business Investment Companies approved the information collection Service’s (FMS) designation of U.S. (SBIC’s) and Business Development requirements and has assigned OMB Control Bank of St. Louis, Missouri, as the new Companies (BDC’s), contact Ruth Number 2120–0056. Financial Agent for General Lockbox Armfield Sanders, Senior Special Related Information Services for the Commission. U.S. Bank Counsel, Office of Legal and Disclosure, (h) Refer to MCAI European Aviation assumed this responsibility from Mellon at (202) 551–6989; in the Division of Safety Agency (EASA) AD No. 2008–0038, Bank effective February 4, 2008. In Corporation Finance, for questions dated February 27, 2008; Moravan Aviation addition, the revisions include a concerning Smaller Reporting s.r.o. Mandatory Service Bulletin Z143L/31a, modification to the EDGARLite Form Companies, Gerald J. Laporte, Chief; dated June 8, 2007; and new pages 01–11, TA–1 (Application for registration as a Kevin M. O’Neill, Special Counsel; or 01–12, 01–24, 01–35, 05–28, 75–7, 75–7A, Johanna Vega Losert, Attorney-Advisor, 75–7B, and 75–8 of ZLIN Z 143 L Airplane transfer agent filed pursuant to the Maintenance Manual, Revision No. 9, dated: Securities Exchange Act of 1934) to Office of Small Business Policy (202) June 8, 2007, for related information. correct the form version number and 551–3430. Form TA–2 (Annual Report of Transfer SUPPLEMENTARY INFORMATION: Today we Material Incorporated by Reference Agent activities filed pursuant to the are adopting an updated EDGAR Filer (i) You must use Moravan Aviation s.r.o. Securities Exchange Act of 1934) to Manual, Volume II. The Filer Manual Mandatory Service Bulletin Z143L/31a, dated allow filers to input up to two decimal describes the technical formatting June 8, 2007; and new pages 01–11, 01–12, places for percentage values in their requirements for the preparation and 01–24, 01–35, 05–28, 75–7, 75–7A, 75–7B, response to Question 5(d). submission of electronic filings through and 75–8 of ZLIN Z 143 L Airplane 1 Maintenance Manual, Revision No. 9, dated: The filer manual is also being revised the EDGAR system. It also describes June 8, 2007, to do the actions required by to incorporate changes to reflect several the requirements for filing using this AD, unless the AD specifies otherwise. amended rules and forms previously EDGARLink 2 and the Online Forms/ (1) The Director of the Federal Register proposed or adopted by the Commission XML Web site. approved the incorporation by reference of and implemented in EDGAR. Those The Filer Manual contains all the this service information under 5 U.S.C. rules address (1) the electronic technical specifications for filers to 552(a) and 1 CFR part 51. submission on EDGAR of applications submit filings using the EDGAR system. (2) For service information identified in for orders under any section of the Filers must comply with the applicable this AD, contact Moravan Aviation s.r.o., Investment Company Act of 1940 and provisions of the Filer Manual in order ZLIN Service, 765 81 Otrokovice, Czech to assure the timely acceptance and Republic. Regulation E filings of Small Business Investment Companies (SBIC’s) and processing of filings made in electronic (3) You may review copies at the FAA, 3 Central Region, Office of the Regional Business Development Companies format. Filers should consult the Filer Counsel, 901 Locust, Room 506, Kansas City, (BDC’s) if and when the Commission Manual in conjunction with our rules Missouri 64106; or at the National Archives might adopt rule changes making these governing mandated electronic filing and Records Administration (NARA). For mandatory electronic submissions and when preparing documents for information on the availability of this (2) Smaller Reporting Company electronic submission.4 material at NARA, call 202–741–6030, or go regulatory relief and simplification. to: http://www.archives.gov/federal-register/ The revisions to the Filer Manual 1 We originally adopted the Filer Manual on April cfr/ibr-locations.html. 1, 1993, with an effective date of April 26, 1993. reflect changes within Volume II Release No. 33–6986 (April 1, 1993) [58 FR 18638]. Issued in Kansas City, Missouri, on May entitled EDGAR Filer Manual, Volume We implemented the most recent update to the Filer 29, 2008. II: ‘‘EDGAR Filing,’’ Version 7 (May Manual on August 20, 2007. See Release No. 33– David R. Showers, 2008). The updated manual will be 8834 (August 15, 2007) [72 FR 46559]. 2 Acting Manager, Small Airplane Directorate, incorporated by reference into the Code This is the filer assistance software. We provide Aircraft Certification Service. filers filing on the EDGAR system. of Federal Regulations. 3 See Rule 301 of Regulation S–T (17 CFR [FR Doc. E8–12754 Filed 6–10–08; 8:45 am] DATES: Effective Date: June 11, 2008. 232.301). BILLING CODE 4910–13–P The incorporation by reference of the 4 See Release Nos. 33–6977 (February 23, 1993) [58 FR 14628], IC–19284 (February 23, 1993) [58 FR EDGAR Filer Manual is approved by the 14848], 35–25746 (February 23, 1993) [58 FR Director of the Federal Register as of 14999], and 33–6980 (February 23, 1993) [58 FR SECURITIES AND EXCHANGE June 11, 2008. 15009] in which we comprehensively discuss the COMMISSION FOR FURTHER INFORMATION CONTACT: rules we adopted to govern mandated electronic In filing. See also Release No. 33–7122 (December 19, the Office of Information Technology, 17 CFR Part 232 1994) [59 FR 67752], in which we made the EDGAR Rick Heroux, at (202) 551–8800; in the rules final and applicable to all domestic [Release Nos. 33–8922; 34–57888; 39–2454; Office of Financial Management, for registrants; Release No. 33–7427 (July 1, 1997) [62 IC–28292] FR 36450], in which we adopted minor questions concerning the change in amendments to the EDGAR rules; Release No. 33– financial agents, contact Connie Cornett, 7472 (October 24, 1997) [62 FR 58647], in which Adoption of Updated EDGAR Filer at (202) 551–7812; in the Division of we announced that, as of January 1, 1998, we would Manual Investment Management, for questions not accept in paper filings that we require filers to submit electronically; Release No. 34–40934 AGENCY: Securities and Exchange concerning applications for orders (January 12, 1999) [64 FR 2843], in which we made Commission. under any section of the Investment mandatory the electronic filing of Form 13F; ACTION: Final rule. Company Act of 1940, contact Ruth Release No. 33–7684 (May 17, 1999) [64 FR 27888], Armfield Sanders, Senior Special in which we adopted amendments to implement SUMMARY: the first stage of EDGAR modernization; Release No. The Securities and Exchange Counsel, Office of Legal and Disclosure, 33–7855 (April 24, 2000) [65 FR 24788], in which Commission (the Commission) is at (202) 551–6989, Nadya Roytblat, we implemented EDGAR Release 7.0; Release No. adopting revisions to the Electronic Data Assistant Director, Office of Investment 33–7999 (August 7, 2001) [66 FR 42941], in which Gathering, Analysis, and Retrieval Company Regulation, at (202) 551–6821, we implemented EDGAR Release 7.5; Release No. 33–8007 (September 24, 2001) [66 FR 49829], in System (EDGAR) Filer Manual to reflect or Keith Carpenter, Senior Special which we implemented EDGAR Release 8.0; updates to the EDGAR system. The Counsel, Office of Insurance Products, Release No. 33–8224 (April 30, 2003) [68 FR 24345], revisions are being made primarily to at (202) 551–6766; for questions in which we implemented EDGAR Release 8.5;

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33003

The FMS has designated U.S. Bank of The following address can be used for proposals. The submission types are as St. Louis, Missouri, as the new common carriers such as FedEx, follows: Financial Agent for General Lockbox Airborne, DHL, and UPS. • In connection with applications for Services for the SEC.5 U.S. Bank has U.S. Bank, Government Lockbox orders under the Investment Company taken over this responsibility from 979081, 1005 Convention Plaza, SL– Act, Mellon Bank effective February 4, 2008. MO–C2–GL, St. Louis, MO 63101. • 40–OIP (Application under the EDGAR Release 9.9 was implemented For complete details regarding how to Investment Company Act submitted on February 4, 2008 to make the system remit wire and check payment, please pursuant to Investment Company Act changes necessary to support this refer to the SEC’s ‘‘Instructions for Wire Rule 0–2 reviewed by the Office of transition. All fee payments (wires and Transfer (FEDWIRE) and Check Insurance Products) checks) must be submitted to U.S. Bank Payment of SEC Filing Fees’’ (http:// • 40–OIP/A (Amendment to an on and after this date. As of February 1, www.sec.gov/info/edgar/fedwire.htm) application under the Investment 2008, payments should no longer be on our ‘‘Information for EDGAR Filers’’ Company Act submitted pursuant to submitted to Mellon Bank. It is not Web page. Filers should periodically Investment Company Act Rule 0–2 necessary for filers to have an account check both the SEC’s and FMS’ Web reviewed by the Office of Insurance at U.S. Bank to submit fee payments. sites for additional information and Products) For wire payments, the hours of updates. • 40–6B (Application under the operation at U.S. Bank are 8:30 a.m. Also included in EDGAR Release 9.9 Investment Company Act by an until 6 p.m. eastern time for wires. U.S. were modifications to the EDGARLite employees’ securities company Bank’s ABA number is 081000210. To Form TA–1 (Application for registration submitted pursuant to Investment ensure proper credit and prompt filing as a transfer agent filed pursuant to the Company Act Rule 0–2) acceptance, it is critical to include the Securities Exchange Act of 1934) to • 40–6B/A (Amendment to an SEC’s account number at U.S. Bank correct the form version number and application under the Investment (152307768324) and the payor’s SEC- TA–2 (Annual Report of Transfer Agent Company Act by an employees’ assigned CIK (Central Index Key) activities filed pursuant to the Securities securities company submitted pursuant number (also know as the SEC-assigned Exchange Act of 1934) to allow filers to to Investment Company Act Rule 0–2) registrant or payor account number) in input up to two decimal places for • 40–APP (Application under the your wire payment. percentage values in their response to Investment Company Act submitted To remit your SEC filing fee payment Question 5(d) (5(d)(i) Corporate Equity pursuant to Investment Company Act by certified check, cashier’s check or Securities, 5(d)(ii) Corporate Debt Rule 0–2 other than those reviewed by money order, you must make them Securities, 5(d)(iii) Open-Ended the Office of Insurance Products or payable to the Securities and Exchange Investment Company Securities, 5(d)(iv) submitted by an employees’ securities Commission, omitting the name or title Limited Partnership Securities, 5(d)(v) company) of any official of the Commission. On Municipal Debt Securities, 5(d)(vi) • 40–APP/A (Amendment to an the front of the check or money order, Other Securities). Filers have application under the Investment you must include the SEC’s account communicated to the Division of Company Act submitted pursuant to number (152307768324) and CIK Trading and Markets that their Investment Company Act Rule 0–2 other number of the account to which the fee percentages are not necessarily whole than those reviewed by the Office of is to be applied. You must mail checks numbers, so this modification will help Insurance Products or submitted by an or money orders to the following U.S. filers provide more accurate answers to employees’ securities company). Bank addresses. U.S. Bank does not these questions. Filers must download • In connection with Regulation E support walk-in deliveries by the updated EDGARLite TA–1 and TA– filings, individuals. 2 Submission Templates from the • 1–E: Notification under Regulation For USPS remittances, they MUST be EDGAR OnlineForms Web site to ensure E by small business investment sent to the following PO Box address. that submissions will be processed companies and business development Securities & Exchange Commission, successfully. Previous versions of the companies • P.O. Box 979081, St. Louis, MO 63197– templates will not work properly. 1–E/A: Amendment to a 9000. We have recently proposed to amend notification under Regulation E by small Regulation S–T 6 to make mandatory the business investment companies and Release Nos. 33–8255 (July 22, 2003) [68 FR 44876] electronic submission on EDGAR of business development companies and 33–8255A (September 4, 2003) [68 FR 53289] applications for orders under any • 2–E: Report of sales of securities in which we implemented EDGAR Release 8.6; section of the Investment Company Act pursuant to Rule 609 under Regulation Release No. 33–8409 (April 19, 2004) [69 FR 21954] of 1940 (‘‘Investment Company Act’’) E in which we implemented EDGAR Release 8.7; • Release No. 33–8454 (August 6, 2004) [69 FR 49803] and Regulation E filings of small 2–E/A: Amendment to a report of in which we implemented EDGAR Release 8.8; business investment companies and sales of securities pursuant to Rule 609 Release No. 33–8528 (February 3, 2005) [70 FR business development companies.7 We under Regulation E 6573] in which we implemented EDGAR Release have updated the EDGAR Filer Manual • 1–E AD: Sales material filed 8.10; Release No. 33–8573 (May 19, 2005) [70 FR 30899] in which we implemented EDGAR Release to describe the EDGAR electronic filing pursuant to Rule 607 under Regulation 9.0; Release No. 33–8612 (September 21, 2005) [70 submission types that filers would use E FR 57130] in which the Commission granted the for electronic submission on EDGAR if • 1–E AD/A: Amendment to sales authorization to publish the release adopting the and when we might adopt these material filed pursuant to Rule 607 reorganized EDGAR Filer Manual; Release No. 33– 8633 (November 1, 2005) [70 FR 67350] in which under Regulation E we implemented EDGAR Release 9.2; Release No 6 17 CFR 232. The following paper submission types 33–8656 (January 27, 2006) [71 FR 5596] in which 7 See Release No. 33–8859 (November 1, 2007) [72 became obsolete as of December 17, we implemented EDGAR Release 9.3; and Release FR 63513] (Rulemaking for EDGAR System; 2007: 40–6C, 40–6C/A, and 40–RPT. No. 33–8834 (August 15, 2007) [72 FR 46559] in Mandatory Electronic Submission of Applications which we implemented EDGAR Release 9.7. for Orders under the Investment Company Act and They have been replaced by paper 5 See Release No. 33–8885 (January 29, 2008) Filings Made Pursuant to Regulation E—proposing submission types 40–APP, 40–OIP, or (Amendment of Procedures for Payment of Fees). release). 40–6B, as appropriate.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33004 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Similarly, the following new paper EDGAR Filing Web site and in the List of Subjects in 17 CFR Part 232 submission types, 1–E AD and 1–E AD/ updated Filer Manual, Volume II. No Incorporation by reference, Reporting A, were added. EDGARLink software or submission and recordkeeping requirements, Revisions were made to support template changes were made for EDGAR Securities. Smaller Reporting Company regulatory Release 9.9 implemented on February 4, relief and simplification.8 Specifically, 2008. Text of the Amendment we added a ‘‘Smaller Reporting Along with adoption of the Filer I In accordance with the foregoing, Company’’ indicator to the header of Manual, we are amending Rule 301 of Title 17, Chapter II of the Code of submission types: 10–K, 10–K/A, 10– Regulation S–T to provide for the Federal Regulations is amended as KT, 10–KT/A, 10–Q, 10–Q/A, 10–QT, incorporation by reference into the Code follows: 10–QT/A, S–1, S–1/A, S–1MEF, S–3, S– of Federal Regulations of today’s 3/A, S–3D, S–3DPOS, S–3MEF, S–4, S– revisions. This incorporation by PART 232—REGULATION S–T— 4POS, S–4/A, S–4EF, S–4EF/A, S– reference was approved by the Director GENERAL RULES AND REGULATIONS 4MEF, S–8, S–8POS, S–11, S–11/A, S– of the Federal Register in accordance FOR ELECTRONIC FILINGS 11MEF, 10–12B, 10–12B/A, 10–12G, with 5 U.S.C. 552(a) and 1 CFR Part 51. and 10–12G/A; suspending the filing of I 1. The authority citation for part 232 the following submission types: You may obtain paper copies of the continues to read in part as follows: 10SB12B, 10SB12B/A, 10SB12G, updated Filer Manual at the following address: Public Reference Room, U.S. Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 10SB12G/A, SB–1, SB–1/A, SB–1MEF, 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), SB–2, SB–2/A, and SB–2MEF as of Securities and Exchange Commission, 78w(a), 78ll(d), 79t(a), 80a-8, 80a-29, 80a-30, February 4, 2008; suspending the filing 100 F Street, NE., Room 1580, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350. Washington, DC 20549, on official of the following submission types: * * * * * 10QSB and 10QSB/A as of November 3, business days between the hours of 10 2008; and suspending the filing of the a.m. and 3 p.m. We will post electronic I 2. Section 232.301 is revised to read following submission types: 10KSB and format copies on the Commission’s Web as follows: site; the address for the Filer Manual is 10KSB/A as of March 16, 2009. Those § 232.301 EDGAR Filer Manual. filers needing to file amendments to http://www.sec.gov/info/edgar.shtml. Filers must prepare electronic filings filings previously submitted on You may also obtain copies from in the manner prescribed by the EDGAR submission types 10SB12B, 10SB12G, Thomson Financial, the paper SB–1, SB–1MEF, SB–2, SB–2MEF, document contractor for the Filer Manual, promulgated by the 10QSB, or 10KSB may do so using Commission, at (800) 638–8241. Commission, which sets out the submission type 10–12B, 10–12G, S–1, Since the Filer Manual relates solely technical formatting requirements for S–1MEF, S–2, S–2MEF, 10–Q, and 10– to agency procedures or practice, electronic submissions. The K respectively. publication for notice and comment is requirements for becoming an EDGAR Additional changes to the Filer not required under the Administrative Filer and updating company data are set Manual are being made to update Procedure Act (APA).9 It follows that forth in the updated EDGAR Filer obsolete material such as references to the requirements of the Regulatory Manual, Volume I: ‘‘General Effective Dates that have already passed Flexibility Act 10 do not apply. Information,’’ Version 4 (August 2007). The requirements for filing on EDGAR (e.g., S–3ASR Effective 12/1/2005) and The effective date for the updated instructions for submitting fees. are set forth in the updated EDGAR Filer Filer Manual and the rule amendments Manual, Volume II: ‘‘EDGAR Filing,’’ The submission templates 1 and 3 is June 11, 2008. In accordance with the were updated to support the 11 Version 7 (May 2008). Additional APA, we find that there is good cause provisions applicable to Form N–SAR aforementioned EDGARLink submission to establish an effective date less than type changes in EDGAR Release 9.8. The filers are set forth in the EDGAR Filer 30 days after publication of these rules. Manual, Volume III: ‘‘N–SAR new submission types added for The EDGAR system upgrade to Release applications for orders under any Supplement,’’ Version 1 (September 9.9 was made available on February 4, section of the Investment Company Act 2005). All of these provisions have been 2008. The Commission believes that it is and Regulation E filings of small incorporated by reference into the Code necessary to align the updated Filer business investment companies and of Federal Regulations, which action Manual with the system upgrade. business development companies was approved by the Director of the should only be used on EDGAR if and Statutory Basis Federal Register in accordance with 5 when we might adopt these proposals. U.S.C. 552(a) and 1 CFR part 51. You However, with regard to the We are adopting the amendments to must comply with these requirements in EDGARLink submission type changes Regulation S–T under Sections 6, 7, 8, order for documents to be timely made to support Smaller Reporting 10, and 19(a) of the Securities Act of received and accepted. You can obtain 12 Company regulatory relief and 1933, Sections 3, 12, 13, 14, 15, 23, paper copies of the EDGAR Filer 13 simplification, filers must download, and 35A of the Exchange Act, Section Manual from the following address: install, and use the updated EDGARLink 319 of the Trust Indenture Act of Public Reference Room, U.S. Securities 14 software and submission templates to 1939, and Sections 8, 30, 31, and 38 and Exchange Commission, 100 F ensure that submissions will be of the Investment Company Act of Street, NE., Room 1580, Washington, DC 15 processed successfully. Previous 1940. 20549, on official business days versions of the templates will not work between the hours of 10 a.m. and 3 p.m., properly. Notice of the update has 9 5 U.S.C. 553(b). or by calling Thomson Financial at (800) previously been provided on the 10 5 U.S.C. 601–612. 638–8241. Electronic copies are 11 EDGAR Filing Web site and on the 5 U.S.C. 553(d)(3). available on the Commission’s Web site. 12 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). Commission’s public Web site. The 13 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and The address for the Filer Manual is discrete updates are reflected on the 78ll. http://www.sec.gov/info/edgar.shtml. 14 15 U.S.C. 77sss. You can also inspect the document at 8 See Release No. 33–8876 (December 19, 2007). 15 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. the National Archives and Records

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33005

Administration (NARA). For FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND information on the availability of this Roger K. Wiebusch, Bridge SECURITY material at NARA, call 202–741–6030, Administrator, (314) 269–2378. or go to: http://www.archives.gov/ Coast Guard federal_register/ SUPPLEMENTARY INFORMATION: The Union code_of_federal_regulations/ Pacific Railroad Company requested a 33 CFR Part 165 ibr_locations.html. temporary deviation for the Clinton Railroad Drawbridge, mile 518.0, at [Docket No. USCG–2008–0448] Dated: May 30, 2008. Clinton, Iowa, across the Upper RIN 1625–AA00 * * * * * Mississippi River; to intermittently By the Commission. remain in the closed-to-navigation Temporary Safety Zone: Richland Florence E. Harmon, position for periods of up to 1 hour and Regatta Hydroplane Races, Howard Acting Secretary. 30 minutes in duration to facilitate Amon Park, Richland, WA [FR Doc. E8–13093 Filed 6–10–08; 8:45 am] needed maintenance and repairs. The AGENCY: Coast Guard, DHS. BILLING CODE 8010–01–P Clinton Railroad Drawbridge currently ACTION: Temporary final rule. operates in accordance with 33 CFR 117.5, which states the general SUMMARY: The Coast Guard is requirement that drawbridges shall open establishing a temporary safety zone for DEPARTMENT OF HOMELAND the Richland Regatta Hydroplane Race SECURITY promptly and fully for the passage of vessels when a request to open is given to be held on the waters of the Columbia Coast Guard in accordance with the subpart. In order River in the vicinity of Howard Amon to facilitate the needed work, the Park, Richland, WA. The safety zone 33 CFR Part 117 drawbridge must be kept in the closed- will limit the movement of non- to-navigation position. This deviation participating vessels in the race area. This temporary rule is needed to [USCG–2008–0476] allows the bridge to intermittently provide for the safety of life on remain in the closed-to-navigation navigable waters during the event. Drawbridge Upper Mississippi River, position for periods of up to 1 hour and DATES: This regulation is effective from Clinton, IA; Repair and Maintenance 30 minutes in duration, from 6 a.m. to 9 a.m. to 5 p.m. on June 14 and 15, 8 p.m., July 1, 2008, through July 8, AGENCY: Coast Guard, DHS. 2008, unless canceled earlier through a 2008, and from 6 a.m. to 8 p.m., July 16, ACTION: Notice of temporary deviation broadcast notice to mariners. The from regulations. 2008, through July 22, 2008. Captain of the Port Portland is taking There are no alternate routes for this action to safeguard individuals and SUMMARY: The Commander, Eighth vessels transiting this section of the vessels. Coast Guard District has issued a Upper Mississippi River. ADDRESSES: Documents indicated in this temporary deviation from the regulation preamble as being available in the governing the operation of the Clinton The Clinton Railroad Drawbridge, in the closed-to-navigation position, docket are part of docket USCG–2008– Railroad Drawbridge, Mile 518.0, 0448 and are available online at Clinton, Iowa, across the Upper provides a vertical clearance of 18.7 feet above normal pool. Navigation on the www.regulations.gov. They are also Mississippi River. The deviation is available for inspection or copying at necessary for the bridge to remain waterway consists primarily of commercial tows and recreational two locations: the Docket Management closed-to-navigation for intermittent Facility (M–30), U.S. Department of periods of up to 1 hour and 30 minutes watercraft. This temporary deviation has been coordinated with waterway users. Transportation, West Building Ground in duration, allowing the bridge owner Floor, Room W12–140, 1200 New Jersey No objections were received. time to perform necessary repairs to the Avenue, SE., Washington, DC 20590, bridge approaches and adjacent rail bed. In accordance with 33 CFR 117.35(e), between 9 a.m. and 5 p.m., Monday DATES: This deviation is effective from the drawbridge shall return to its regular through Friday, except Federal holidays, 6 a.m. to 8 p.m., July 1, 2008, through operating schedule immediately at the and Coast Guard Sector Portland, 6767 July 8, 2008, and from 6 a.m. to 8 p.m., end of the designated time period. This N. Basin Ave., Portland, OR 97217 July 16, 2008, through July 22, 2008. deviation from the operating regulations between 8 a.m. and 4 p.m., Monday ADDRESSES: Documents indicated in this is authorized under 33 CFR 117.35. through Friday, except Federal holidays. preamble as being available in the Dated: June 2, 2008. FOR FURTHER INFORMATION CONTACT: BM2 docket are part of docket USCG–2008– Roger K. Wiebusch, Joshua Lehner, c/o Captain of the Port 0476 and are available online at Portland, 6767 N. Basin Ave, Portland, www.regulations.gov. They are also Bridge Administrator. OR 97217–3992, and (503) 240–9311. available for inspection or copying at [FR Doc. E8–13085 Filed 6–10–08; 8:45 am] Regulatory Information two locations: The Docket Management BILLING CODE 4910–15–P Facility (M–30), U.S. Department of We did not publish a notice of Transportation, West Building Ground proposed rulemaking (NPRM) for this Floor, Room W12–140, 1200 New Jersey regulation. Under 5 U.S.C. 553(b)(B) and Avenue, SE., Washington, DC 20590, 5 U.S.C. 553(d)(3), the Coast Guard finds between 9 a.m. and 5 p.m., Monday that good cause exists for not publishing through Friday, except Federal holidays, an NPRM and for making this rule and the Robert A. Young Federal effective less than 30 days after Building, Room 2.107F, 1222 Spruce publication in the Federal Register. The Street, St. Louis, MO 63103–2832, emergent and dynamic nature of the between 8 a.m. and 4 p.m., Monday event did not allow previous notice. through Friday, except Federal holidays. Publishing a NPRM would be contrary

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33006 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

to public interest since immediate the Department of Homeland Security Assistance for Small Entities action is necessary to ensure the safety (DHS). The Coast Guard expects the Under section 213(a) of the Small of vessels and spectators. If normal economic impact of this temporary rule Business Regulatory Enforcement notice and comment procedures were to be so minimal that a full Regulatory Fairness Act of 1996 (Pub. L. 104–121), followed, this rule would not become Evaluation under the regulatory policies we offer to assist small entities in effective until after the date of the event. and procedures of DHS is unnecessary. understanding the rule so that they can For this reason, following the normal This expectation is based on the fact better evaluate its effects on them and rulemaking procedures in this case that the safety zone established by this participate in the rulemaking process. would be impracticable and contrary to rule encompasses an area on the Small businesses may send comments the public. Columbia River near Howard Amon on the actions of Federal employees Park in Richland, WA, rarely frequented Background and Purpose who enforce, or otherwise determine by commercial navigation. Additionally, compliance with, Federal regulations to The Coast Guard is establishing a the Patrol Commander may, upon the Small Business and Agriculture temporary safety zone to allow for a safe request, allow the transit of commercial Regulatory Enforcement Ombudsman racing event. This event occurs on the vessels through the safety zone when it Columbia River in the vicinity of and the Regional Small Business is safe to do so. This regulation is Regulatory Fairness Boards. The Howard Amon Park in Richland, WA established for the benefit and safety of and is scheduled to start at 9 a.m. and Ombudsman evaluates these actions the recreational boating public, and any annually and rates each agency’s last until 5 p.m. on June 14 and 15, negative recreational boating impact is 2008. This event may result in a number responsiveness to small business. If you offset by the benefits of allowing the wish to comment on actions by of recreational vessels congregating near hydroplanes to race. This rule will be the hydroplane races. The hydroplane employees of the Coast Guard, call 1– enforced from 9 a.m. to 5 p.m. each day 888–REG–FAIR (1–888–734–3247). race poses several dangers to the public on June 14 and 15, 2008. For the above including excessive noise, objects reasons, the Coast Guard does not Collection of Information falling from any accidents, and anticipate any significant economic This rule calls for no new collection hydroplanes racing at high speeds in impact. of information under the Paperwork proximity to other vessels. Accordingly, Reduction Act of 1995 (44 U.S.C. 3501– the Safety Zone is needed to protect Small Entities 3520). watercraft and their occupants from Under the Regulatory Flexibility Act safety hazards associated with the event. (5 U.S.C. 601–612), we have considered Federalism This safety zone will be enforced by whether this rule would have a We have analyzed this rule under representatives of the Captain of the significant economic impact on a Executive Order 13132 and have Port Portland. The Captain of the Port substantial number of small entities. determined that this rule does not have may be assisted by other federal, state, The term ‘‘small entities’’ comprises implications for federalism under that and local agencies. small businesses, not-for-profit order. organizations that are independently Discussion of Rule owned and operated and are not Unfunded Mandates Reform Act This temporary rule will create a dominant in their fields, and The Unfunded Mandates Reform Act safety zone to assist in minimizing the governmental jurisdictions with of 1995 (2 U.S.C. 1531–1538) governs inherent dangers associated with populations of less than 50,000. the issuance of Federal regulations that hydroplane races. These dangers The Coast Guard certifies under 5 require unfunded mandates. An include, but are not limited to, excessive U.S.C. 605(b) that this rule will not have unfunded mandate is a regulation that noise, race craft traveling at high speed a significant economic impact on a requires a State, local, or tribal in close proximity to one another and to substantial number of small entities. government or the private sector to spectator craft, and the risk of airborne This rule will affect the following incur direct costs without the Federal objects from any accidents associated entities, some of which may be small Government’s having first provided the with hydroplanes. In the event that entities: the owners or operators of funds to pay those unfunded mandate hydroplanes require emergency vessels intending to transit or anchor in costs. This rule will not impose an assistance, rescuers must have a portion of the Columbia River during unfunded mandate. immediate and unencumbered access to the time mentioned under Background the craft. The Coast Guard, through this and Purpose. This safety zone will not Taking of Private Property action, intends to promote the safety of have a significant economic impact on This rule will not affect a taking of personnel, vessels, and facilities in the a substantial number of small entities private property or otherwise have area. Due to these concerns, public due to its short duration, small area, and taking implications under Executive safety requires these regulations to the ability of the Patrol Commander to Order 12630, Governmental Actions and provide for the safety of life on the allow commercial vessels to transit the Interference with Constitutionally navigable waters. safety zone when safe to do so. The only Protected Property Rights. vessels likely to be impacted will be Regulatory Evaluation recreational boaters, small passenger Civil Justice Reform This rule is not a ‘‘significant vessel operators, commercial barge This rule meets applicable standards regulatory action’’ under section 3(f) of operators, and a ferry that runs through in sections 3(a) and 3(b)(2) of Executive Executive Order 12866, Regulatory the regulated area twice a day. Because Order 12988, Civil Justice Reform, to Planning and Review, and does not the impacts of this proposal are minimize litigation, eliminate require an assessment of potential costs expected to be so minimal, the Coast ambiguity, and reduce burden. and benefits under section 6(a)(3) of that Guard certifies under 605(b) of the Order. The Office of Management and Regulatory Flexibility Act (5 U.S.C. 601 Protection of Children Budget has not reviewed it under that et seq.) that this temporary rule will not We have analyzed this rule under Order. It is not ‘‘significant’’ under the have a significant economic impact on Executive Order 13045, Protection of regulatory policies and procedures of a substantial number of small entities. Children from Environmental Health

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33007

Risks and Safety Risks. This rule is not have concluded that there are no factors contact the official patrol on VHF an economically significant rule and in this case that would limit the use of Channel 16 or by calling 503–240–9311. does not create an environmental risk to a categorical exclusion under section Dated: May 23, 2008. health or risk to safety that may 2.B.2 of the Instruction. Therefore, this F.G. Myer, disproportionately affect children. rule is categorically excluded, under Captain, U.S. Coast Guard, Captain of the figure 2–1, paragraph (34)(g), of the Indian Tribal Governments Port Portland. Instruction, from further environmental [FR Doc. E8–13092 Filed 6–10–08; 8:45 am] This rule does not have tribal documentation because it establishes a implications under Executive Order safety zone. A final ‘‘Environmental BILLING CODE 4910–15–P 13175, Consultation and Coordination Analysis Check List’’ and a final with Indian Tribal Governments, ‘‘Categorical Exclusion Determination’’ because it does not have a substantial will be available in the docket where ENVIRONMENTAL PROTECTION direct effect on one or more Indian indicated under ADDRESSES. AGENCY tribes, on the relationship between the Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 40 CFR Part 82 or on the distribution of power and Harbors, Marine safety, Navigation [EPA–HQ–OAR–2007–0297; FRL–8577–9] responsibilities between the Federal (water), Reporting and recordkeeping Government and Indian tribes. requirements, Security measures, and RIN 2060–AO44 Waterways. Energy Effects Protection of Stratospheric Ozone: I For the reasons discussed in the We have analyzed this rule under Allocation of Essential Use Allowances preamble, the Coast Guard amends 33 for Calendar Year 2008 Executive Order 13211, Actions CFR parts 165 as follows: Concerning Regulations That AGENCY: Environmental Protection Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION Agency (EPA). Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS ACTION: Final rule. determined that it is not a ‘‘significant I 1. The authority citation for part 165 energy action’’ under that order because SUMMARY: With this action, EPA is continues to read as follows: it is not a ‘‘significant regulatory action’’ allocating essential use allowances for under Executive Order 12866 and is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. import and production of Class I likely to have a significant adverse effect Chapter 701; 50 U.S.C. 191, 195; 33 CFR stratospheric ozone-depleting on the supply, distribution, or use of 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. substances (ODSs) for calendar year energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of 2008. Essential use allowances enable a Homeland Security Delegation No. 0170.1. of Information and Regulatory Affairs person to obtain controlled Class I ODSs has not designated it as a significant I 2. A temporary section in 165.T13– as part of an exemption to the regulatory energy action. Therefore, it does not 031 is added to read as follows: ban on the production and import of require a Statement of Energy Effects these chemicals, which became effective under Executive Order 13211. § 165.T13–031 Safety Zone; Richland as of January 1, 1996. EPA allocates Regatta Hydroplane Races Howard Amon Technical Standards Park, Richland, Washington. essential use allowances for exempted production or import of a specific The National Technology Transfer (a) Location. The following area is a quantity of Class I ODSs solely for the and Advancement Act (NTTAA) (15 safety zone: designated essential purpose. The (1) The waters of the Columbia River U.S.C. 272 note) directs agencies to use allocation in this action is 27.0 metric from bank to bank in the vicinity of voluntary consensus standards in their tons (MT) of chlorofluorocarbons (CFCs) Howard Amon Park on the Columbia regulatory activities unless the agency for use in metered dose inhalers (MDIs) River in Richland, Washington provides Congress, through the Office of for 2008. Management and Budget, with an commencing at the Interstate 182 Bridge DATES: This final rule is effective June explanation of why using these and continuing up river Northward 3.0 11, 2008. standards would be inconsistent with miles and terminating at the Columbia applicable law or otherwise impractical. River Mile 339. ADDRESSES: EPA has established a Voluntary consensus standards are (b) Enforcement period. This rule will docket for this action under Docket ID technical standards (e.g., specifications be in effect from 9 a.m. to approximately No. EPA–HQ–OAR–2007–0297. All of materials, performance, design, or 5 p.m. on June 14, 2008 and June 15, documents in the docket are listed on operation; test methods; sampling 2008, in the described waters of the the www.regulations.gov Web site. procedures; and related management Columbia River in Richland, Although listed in the index, some systems practices) that are developed or Washington. information is not publicly available, adopted by voluntary consensus (c) Regulations. In accordance with e.g., confidential business information standards bodies. the general regulations in Section (CBI) or other information whose This rule does not use technical 165.23 of this part, no person or vessel disclosure is restricted by statute. standards. Therefore, we did not not participating in the actual Certain other material, such as consider the use of voluntary consensus hydroplane race may enter or remain in copyrighted material, is not placed on standards. this zone unless authorized by the the Internet and will be publicly Captain of the Port or his designated available only in hard copy form. Environment representatives. Vessels and persons Publicly available docket materials are We have analyzed this rule under granted authorization to enter the safety available either electronically through Commandant Instruction M16475.lD, zone shall obey all lawful orders or www.regulations.gov or in hard copy at which guides the Coast Guard in directions of the Captain of the Port or the Air Docket, EPA/DC, EPA West, complying with the National his designated representatives. Room 3334, 1301 Constitution Ave., Environmental Policy Act of 1969 (d) Vessels wishing to request NW., Washington, DC 20460. This (NEPA) (42 U.S.C. 4321–4370f), and permission to enter the safety zone may Docket Facility is open from 8:30 a.m.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33008 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

to 4:30 p.m., Monday through Friday, reducing and eliminating the nondestructive testing for metal fatigue excluding legal holidays. The Public production and consumption 1 of ODSs. and corrosion of existing airplane Reading Room is open from 8:30 a.m. to The elimination of production and engines and airplane parts susceptible 4:30 p.m., Monday through Friday, consumption of Class I ODSs has been to metal fatigue) for which no safe and excluding legal holidays. The telephone accomplished through adherence to effective substitute is available.’’ Under number for the Public Reading Room is phase-out schedules for specific Class I the Act, this exemption was available (202) 566–1744, and the telephone ODSs,2 which include CFCs, halons, only until January 1, 2005. Prior to that number for the Air Docket is (202) 566– carbon tetrachloride, and methyl date, EPA issued essential use 1742. chloroform. As of January 1, 1996, allowances for methyl chloroform to the FOR FURTHER INFORMATION CONTACT: production and import of most Class I U.S. Space Shuttle and Titan Rocket Kirsten Cappel, by regular mail: U.S. ODSs were phased out in developed programs. Environmental Protection Agency, countries, including the United States. (2) Medical devices (as defined in Stratospheric Protection Division However, the Montreal Protocol and section 601(8) of the Act), ‘‘if such (6205J), 1200 Pennsylvania Ave., NW., the Clean Air Act (the Act) provide authorization is determined by the Washington, DC 20460; by courier exemptions that allow for the continued Commissioner [of the Food and Drug service or overnight express: 1310 L import and/or production of Class I Administration], in consultation with Street, NW., Room 1047C, Washington, ODSs for specific uses. Under the the Administrator [of EPA] to be DC 20005; by telephone: (202) 343– Montreal Protocol, exemptions may be necessary for use in medical devices.’’ 9556; by fax: (202) 343–2338; or by e- granted for uses that are determined by EPA issues essential use allowances to mail: [email protected]. the Parties to be ‘‘essential.’’ Decision manufacturers of metered dose inhalers (MDIs) that use CFCs as propellant for SUPPLEMENTARY INFORMATION IV/25, taken by the Parties to the Protocol in 1992, established criteria for the treatment of asthma and chronic Table of Contents determining whether a specific use obstructive pulmonary disease (COPD). I. Basis for Allocating Essential Use should be approved as essential, and set (3) Aviation safety, for which limited Allowances forth the international process for quantities of halon-1211, halon-1301, A. What are essential use allowances? making determinations of essentiality. and halon-2402 may be produced ‘‘if the B. Under what authority does EPA allocate Administrator of the Federal Aviation essential use allowances? The criteria for an essential use, as set forth in paragraph 1 of Decision IV/25, Administration, in consultation with the C. What is the process for allocating Administrator [of EPA] determines that essential use allowances? are the following: II. Response to Comments no safe and effective substitute has been ‘‘(a) That a use of a controlled substance developed and that such authorization III. Allocation of Essential Use Allowances should qualify as ‘essential’ only if: for Calendar Year 2008 (i) It is necessary for the health, safety or is necessary for aviation safety IV. Statutory and Executive Order Reviews is critical for the functioning of society purposes.’’ Neither EPA nor the Parties A. Executive Order 12866: Regulatory (encompassing cultural and intellectual have ever granted a request for essential Planning and Review aspects); and use allowances for halon because in B. Paperwork Reduction Act (ii) There are no available technically and most cases alternatives are available and C. Regulatory Flexibility economically feasible alternatives or existing quantities of this substance are D. Unfunded Mandates Reform Act substitutes that are acceptable from the large enough to provide for any needs E. Executive Order 13132: Federalism standpoint of environment and health; for which alternatives have not yet been F. Executive Order 13175: Consultation (b) That production and consumption, if and Coordination With Indian Tribal any, of a controlled substance for essential developed. Governments uses should be permitted only if: An additional essential use exemption G. Executive Order 13045: Protection of (i) All economically feasible steps have under the Montreal Protocol, as agreed Children From Environmental Health been taken to minimize the essential use and in Decision X/19, is the general Risks and Safety Risks any associated emission of the controlled exemption for laboratory and analytical H. Executive Order 13211: Actions That substance; and uses. This exemption is reflected in Significantly Affect Energy Supply, (ii) The controlled substance is not EPA’s regulations at 40 CFR Part 82, Distribution, or Use available in sufficient quantity and quality Subpart A. While the Act does not I. National Technology Transfer and from existing stocks of banked or recycled specifically provide for this exemption, Advancement Act controlled substances, also bearing in mind J. Executive Order 12898: Federal Actions the developing countries’ need for controlled EPA has determined that an exemption To Address Environmental Justice in substances.’’ for essential laboratory and analytical Minority Populations and Low-Income uses is allowable under the Act as a de Populations B. Under what authority does EPA minimis exemption. The de minimis K. Congressional Review Act allocate essential use allowances? exemption is addressed in EPA’s final V. Judicial Review Title VI of the Act implements the rule of March 13, 2001 (66 FR 14760– VI. Effective Date of This Final Rule Montreal Protocol for the United States. 14770). The Parties to the Protocol I. Basis for Allocating Essential Use Section 604(d) of the Act authorizes subsequently agreed (Decision XI/15) Allowances EPA to allow the production of limited that the general exemption does not quantities of Class I ODSs after the apply to the following uses: Testing of A. What are essential use allowances? phaseout date for the following essential oil and grease, and total petroleum Essential use allowances are uses: hydrocarbons in water; testing of tar in allowances to produce or import certain (1) Methyl chloroform, ‘‘solely for use road-paving materials; and forensic ODSs in the United States for purposes in essential applications (such as finger-printing. EPA incorporated this that have been deemed ‘‘essential’’ by exemption at Appendix G to Subpart A the U.S. Government and by the Parties 1 ‘‘Consumption’’ is defined as the amount of a of 40 CFR Part 82 on February 11, 2002 to the Montreal Protocol on Substances substance produced in the United States, plus the (67 FR 6352). In a December 29, 2005, that Deplete the Ozone Layer (Montreal amount imported into the United States, minus the final rule, EPA extended the general amount exported to Parties to the Montreal Protocol Protocol). (see Section 601(6) of the Clean Air Act). exemption for laboratory and analytical The Montreal Protocol is an 2 Class I ozone depleting substances are listed at uses through December 31, 2007 (70 FR international agreement aimed at 40 CFR Part 82 subpart A, appendix A. 77048), in accordance with Decision

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33009

XV/8 of the Parties to the Protocol. In a Protocol, EPA allocates essential use essential use allocations to manufacture notice of proposed rulemaking allowances in quantities that together essential use MDIs should demonstrate published in the Federal Register on are below or equal to the total amount ongoing research and development of September 13, 2007 (72 FR 52332), EPA authorized by the Parties. EPA will not alternatives to CFC MDIs. EPA honors proposed to extend the global laboratory allocate essential use allowances in commitments under the Montreal and analytical use exemption beyond amounts higher than the total Protocol to demonstrate progress in the December 31, 2007 contingent upon and authorized by the Parties. For 2008, the transition to alternatives by considering consistent with future anticipated action Parties authorized the United States to this information in the application and by the Parties to the Montreal Protocol. allocate up to 385 MT of CFCs for nomination phase of the essential use At the 19th Meeting of the Parties in essential uses. In the nomination for process. Decision VIII/10, taken in 1997, September 2007, the Parties agreed to 2008 essential use allowances, the provides for applicants to submit extend the global laboratory and United States did not request CFCs for information on the status of research analytical use exemption through use in MDIs where the sole active and development into alternatives, and December 31, 2011 in Decision XIX/18. ingredient is albuterol. In a notice of Decision XIX/13, taken in September In a December 27, 2007 final rulemaking proposed rulemaking published in the 2007, provides for applicants to submit EPA took action to (1) extend the Federal Register on June 12, 2007 (72 related information describing their laboratory and analytical use exemption FR 32269), EPA proposed to allocate progress in transitioning to CFC-free to December 31, 2011 for specific 27.0 MT of CFC–114 for the production formulations. EPA will continue to laboratory uses, (2) apply the laboratory of epinephrine MDIs for the calendar consider companies’ progress in the and analytical use exemption to the year 2008. In this final rule, EPA is transition to CFC-free inhalers as a production and import of methyl allocating 27.0 MT of CFC–114 for the factor in the essential use nomination bromide, and (3) eliminate the testing of production of epinephrine MDIs for process. organic matter in coal from the 2008. A second commenter observed that laboratory and analytical use exemption for the 2008 proposed allocation EPA II. Response to Comments (72 FR 73264). used a ‘‘new criterion’’ under which EPA received comments from four allowances would be made available C. What is the process for allocating entities on the proposed rule. only to companies that held less than essential use allowances? One commenter opposed EPA’s one year’s stockpile of essential use Before EPA will allocate an essential proposed allocation and opposed CFCs. The commenter observed that if use allowance, the Parties to the allowing MDI manufacturers to produce its allocation for 2009—as well as its Montreal Protocol must first authorize any MDIs that damage the ozone layer. allocation for 2008—were zero, it would the United States’ request to produce or The commenter further stated that MDI most likely not have sufficient CFC import essential Class I ODSs. The manufacturers should research and supplies to meet anticipated patient procedure set out by Decision IV/25 adopt alternatives that are healthful for demand for other moieties during 2009. calls for individual Parties to nominate all. (The commenter noted that FDA has essential uses and the total amount of The Parties grant essential use proposed, and not yet finalized, a rule ODSs needed for those essential uses on exemptions contingent on a finding that to remove the essential use designation an annual basis. The Montreal the use for which an exemption is being for those moieties as of December 31, Protocol’s Technology and Economic requested is essential for health, safety, 2009, but that it would need an Assessment Panel (TEAP) evaluates the or the functioning of society, and that allocation for 2009 regardless.) nominated essential uses and makes there are no available technically and The commenter also noted that it is a recommendations to the Parties. The economically feasible alternatives or contract manufacturer that makes Parties make the final decisions at their substitutes that are acceptable from the products for clients. As a result, annual meeting on whether to authorize standpoint of health or the environment. according to the commenter, although it a Party’s essential use nomination. This FDA regulations at 21 CFR 2.125 could purchase CFCs from the pre-1996 nomination-and-authorization cycle provide criteria for removing ODS- stockpile to supplement its CFC supply, begins approximately two years before containing medical devices from the list such action is not reasonable. The the year in which the allowances would of essential uses (see also FDA’s July 24, commenter explained that the price of be in effect. The allowances allocated 2002 final rule at 67 FR 48370). EPA pre-1996 CFCs is not regulated and that through this action were nominated by notes that the transition to ozone-safe as a result, the material is available, if the United States in January 2006. alternatives is well underway and that, at all, only at higher prices than CFCs Once the Parties authorize the U.S. for example, the allocation of essential manufactured with essential use nomination, EPA allocates essential use use allowances for CFC-based MDIs allowances. The commenter stated that allowances to specific entities through decreased from 3,136.3 MT in 2000 to it cannot absorb the higher cost of the notice-and-comment rulemaking in a 167.0 MT in 2007. FDA, in consultation pre-1996 material because the prices of manner consistent with the Act. For with EPA, has determined that 27.0 MT its finished products are fixed. MDIs, EPA requests information from of CFC–114 is necessary in 2008 for the With respect to the comment that EPA manufacturers about the number and production of epinephrine MDIs. As used a new approach for the 2008 type of MDIs they plan to produce, as therapeutic alternatives become proposal, EPA responds that EPA and well as the amount of CFCs necessary available, FDA will, consistent with its FDA used the same procedure for 2008 for production. EPA then forwards the regulations, continue to initiate as for prior years to determine the information to the Food and Drug rulemakings for removal of essential use essential use allocation for each Administration (FDA), which designations for certain MDIs in a requesting MDI company. That is, to determines the amount of CFCs for manner that is protective of public assess the amount of new CFC MDIs in the coming calendar year that health. production required to satisfy 2008 are necessary to protect public health. With respect to the comment that MDI essential uses, EPA and FDA applied Based on FDA’s determination, EPA manufacturers should research the terms of Decision XVII/5, including proposes allocations for each eligible alternatives to replace CFC MDIs, EPA the provision that Parties should entity. Under the Act and the Montreal agrees that companies applying for allocate such that manufacturers of

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33010 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

MDIs maintain no more than one-year consider how manufacturers’ existing law. The commenter stated that operational supply of CFCs for essential CFC supplies would be drawn down as according to publicly available uses. FDA articulated to EPA that in they manufacture essential use MDIs information, the quantity of making its determination for 2008, FDA throughout the year. pharmaceutical-grade CFCs in the calculated the quantity of CFCs that a In response to the comment regarding United States is sufficient to meet manufacturer needed to produce potential outcomes of the FDA patient needs and that EPA’s proposed essential use MDIs for the year and rulemaking that is now in the proposal amount will provide a smooth transition subtracted from that quantity any CFC stage, EPA asserts that concerns about to CFC-free alternatives. In particular, stocks owned by the MDI manufacturer the potential need for additional the commenter stated that the zero exceeding a one-year operational allowances would be best addressed in allocation for CFC-albuterol, which supply. The remainder, if more than its essential use rulemaking for the 2009 started with the 2007 allocation, will zero, was the quantity of newly control period. allow for the gradual phase-down of produced or imported CFCs needed by With respect to the commenter’s CFC albuterol on the market, and is that manufacturer. In addition, FDA assertion that it cannot afford the cost of optimal for patient care. The commenter informed EPA that consistent with the pre-January 1, 1996 CFCs, EPA and FDA also noted that the proposal will foster language of Decision XVII/5, FDA do not regulate the price of CFCs, a smooth transition by not allocating evaluated each company on an whether in the pre-January 1, 1996 CFCs to other CFC MDI products where individual basis, rather than the stockpile or produced or imported post- there are CFC-free therapeutic aggregate CFC supplies owned by all January 1, 1996 with essential use alternatives available. entities. The use of this approach has allowances. Rather, market mechanisms A fourth commenter, who submitted been previously described in EPA’s determine the price of CFCs. As comments claimed as CBI, opposed 2006 and 2007 final rulemakings for discussed above, if FDA determines that EPA’s proposed allocation as too low allocating essential use allowances, 71 there is a medical need for new and requested additional essential use FR 58504 and 72 FR 32212, production of CFCs for the manufacture allowances for calendar year 2008. A respectively. of essential use MDIs, then FDA will redacted version of these comments has With respect to the comment about recommend allocation of the necessary been placed in the docket. In the public not being able to meet patient demand amount to the requesting MDI version of the comments, the in 2009 if its allocation in 2009 is zero, manufacturer to make those MDIs. That commenter stated that based on an EPA and FDA will assess 2009 MDI manufacturer is permitted to internal assessment of its current allocations beginning in 2008 once more purchase newly produced and/or stockpile, it would not be able to meet current information is available imported CFCs up to the amount that it production needs of Primatene Mist if regarding the medical need for CFCs in has been allocated. EPA and FDA would EPA did not grant it essential use MDIs. However, EPA expects that it and not expect a MDI manufacturer to need allowances for calendar year 2008. To FDA will follow an approach for 2009 pre-January 1, 1996 CFCs when FDA has further evaluate the needs of the that is similar to that used for 2008 and determined that that manufacturer commenter, on August 8, 2007, EPA previous control periods. should be allocated essential use sent a letter to the commenter Under this approach, FDA, in close allowances. requesting additional information about collaboration with EPA, will undertake To supplement its CFC allocation for its current and projected stockpile of a thorough and comprehensive analysis a particular year, an MDI manufacturer CFCs, as well as current and projected of a number of factors to determine the may purchase any pre-January 1, 1996 production of Primatene Mist. A copy amount of CFCs necessary for the CFCs that are available in the of this letter is available in the docket. manufacture of essential use MDIs for marketplace, or it may acquire essential On August 21, 2007, the commenter the 2009 control period. First, FDA use CFCs through a transfer with sent a letter to EPA withdrawing its would evaluate the medical necessity by another manufacturer (subject to EPA comments on the 2008 proposed assessing the number of CFC MDIs regulations for such transfers). However, rulemaking. In that letter the commenter necessary to protect public health in the EPA notes that in making noted that its withdrawal of its 2008 U.S. (including the consideration of determinations for annual essential use comments on the proposed rulemaking current data on the prevalence of allocations for MDI manufacturers, FDA should not affect its request for essential asthma and COPD) and the quantity of takes into account the entirety of each use allowances in future years. A copy CFCs necessary to ensure the MDI manufacturer’s stocks of CFCs, of this letter is also available in the manufacture and continuous availability including pre- and post-January 1, 1996 docket. of those MDIs. Second, FDA would stocks and CFCs acquired through analyze the most current data available transfers. III. Allocation of Essential Use regarding the existing inventory of CFCs A third commenter supported EPA’s Allowances for Calendar Year 2008 held by each MDI manufacturer. Third, proposed allocation and stated that it is With this action, EPA is allocating FDA would account for the sufficient to protect human health and essential use allowances for calendar implementation of the terms of Decision provide a smooth transition to non-CFC year 2008 to the entity listed in Table XVII/5, including the provision that alternatives, consistent with the 1. These allowances are for the FDA allocate such that manufacturers principles and obligations of the production or import of the specified maintain no more than a one-year Montreal Protocol, and that it conforms quantity of Class I controlled substances operational supply. Finally, FDA would with the Clean Air Act and other U.S. solely for the specified essential use.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33011

TABLE 1.—ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2008

2008 Quantity Company Chemical (metric tons)

(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease

Armstrong Pharmaceuticals ...... CFC–114 (production of epinephrine MDIs only) ...... 27.0

IV. Statutory and Executive Order Administration size standards); (2) a requires EPA to identify and consider a Reviews small governmental jurisdiction that is a reasonable number of regulatory government of a city, county, town, alternatives and adopt the least costly, A. Executive Order 12866: Regulatory school district or special district with a most cost-effective, or least burdensome Planning and Review population of less than 50,000; and (3) alternative that achieves the objectives Under Executive Order 12866 (58 FR a small organization that is any not-for- of the rule. The provisions of section 51735, October 4, 1993), this action is a profit enterprise that is independently 205 do not apply when they are ‘‘significant regulatory action’’ because owned and operated and is not inconsistent with applicable law. it raises novel legal or policy issues. dominant in its field. Moreover, section 205 allows EPA to Accordingly, EPA submitted this action After considering the economic adopt an alternative other than the least to the Office of Management and Budget impacts of this final rule on small costly, most cost-effective, or least (OMB) for review under EO 12866 and entities, I certify that this action will not burdensome alternative, if the any changes made in response to OMB have a significant economic impact on Administrator publishes with the final recommendations have been a substantial number of small entities. rule an explanation why that alternative documented in the docket for this In determining whether a rule has a was not adopted. action. significant economic impact on a Before EPA establishes any regulatory substantial number of small entities, the requirements that may significantly or B. Paperwork Reduction Act impact of concern is any significant uniquely affect small governments, This action does not impose any new adverse economic impact on small including tribal governments, it must information collection burden. The entities, since the primary purpose of have developed a small government recordkeeping and reporting the regulatory flexibility analyses is to agency plan under section 203 of the requirements included in this action are identify and address regulatory UMRA. The plan must provide for already included in an existing alternatives ‘‘which minimize any notifying potentially affected small information collection burden and this significant economic impact of the governments, enabling officials of action does not make any changes that proposed rule on small entities.’’ 5 affected small governments to have would affect the burden. The Office of U.S.C. 603 and 604. Thus, an agency meaningful and timely input in the Management and Budget (OMB) has may conclude that a rule will not have development of EPA regulatory previously approved the information a significant economic impact on a proposals with significant Federal collection requirements contained in the substantial number of small entities if intergovernmental mandates, and existing regulations at 40 CFR Part 82, the rule relieves regulatory burden, or informing, educating, and advising Subpart A under the provisions of the otherwise has a positive economic effect small governments on compliance with Paperwork Reduction Act, 44 U.S.C. on all of the small entities subject to the the regulatory requirements. 3501 et seq. and has assigned OMB rule. This rule provides an otherwise This rule contains no Federal control number 2060–0170. The OMB unavailable benefit to those companies mandates (under the regulatory control numbers for EPA’s regulations that are receiving essential use provisions of Title II of the UMRA) for are listed in 40 CFR part 9. allowances. We have therefore State, local, or tribal governments or the C. Regulatory Flexibility Act concluded that this final rule will private sector, since it merely provides relieve regulatory burden for all small exemptions from the 1996 phase-out of The Regulatory Flexibility Act (RFA) entities. Class I ODSs. Similarly, EPA has generally requires an agency to prepare determined that this rule contains no a regulatory flexibility analysis of any D. Unfunded Mandates Reform Act regulatory requirements that might rule subject to notice-and-comment Title II of the Unfunded Mandates significantly or uniquely affect small rulemaking requirements under the Reform Act of 1995 (UMRA), Public governments, because this rule merely Administrative Procedure Act or any Law 104–4, establishes requirements for allocates essential use exemptions to other statute unless the agency certifies Federal agencies to assess the effects of entities as an exemption to the ban on that the rule will not have a significant their regulatory actions on State, local, production and import of Class I ODSs. economic impact on a substantial and tribal governments and the private number of small entities. Small entities sector. Under section 202 of the UMRA, E. Executive Order 13132: Federalism include small businesses, small EPA generally must prepare a written Executive Order 13132, entitled organizations, and small governmental statement, including a cost-benefit ‘‘Federalism’’ (64 FR 43255, August 10, jurisdictions. analysis, for proposed and final rules 1999), requires EPA to develop an For purposes of assessing the impact with ‘‘Federal mandates’’ that may accountable process to ensure of this rule on small entities, small result in expenditures to State, local, ‘‘meaningful and timely input by State entities are defined as: (1) A small and tribal governments, in the aggregate, and local officials in the development of business that is primarily engaged in or to the private sector, of $100 million regulatory policies that have federalism pharmaceutical preparations or more in any one year. implications.’’ ‘‘Policies that have manufacturing (NAICS code 325412) Before promulgating an EPA rule for federalism implications’’ is defined in and that has fewer than 750 employees which a written statement is needed, the Executive Order to include (based on Small Business section 205 of the UMRA generally regulations that have ‘‘substantial direct

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33012 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

effects on the States, on the relationship H. Executive Order 13211: Actions That on any population, including any between the national government and Significantly Affect Energy Supply, minority or low-income population. the States, or on the distribution of Distribution, or Use Any stratospheric ozone depletion that power and responsibilities among the This rule is not a ‘‘significant energy results from this final rule will impact various levels of government.’’ action’’ as defined in Executive Order all affected populations equally because ozone depletion is a global This final rule does not have 13211, ‘‘Actions Concerning Regulations environmental problem with federalism implications. It will not have That Significantly Affect Energy Supply, environmental and human effects that substantial direct effects on the States, Distribution, or Use’’ (66 FR 28355 (May are, in general, equally distributed on the relationship between the national 22, 2001)) because it is not likely to across geographical regions in the U.S. government and the States, or on the have a significant adverse effect on the distribution of power and supply, distribution, or use of energy. K. Congressional Review Act responsibilities among the various The rule affects only the pharmaceutical The Congressional Review Act, 5 levels of government, as specified in companies that requested essential use U.S.C. 801 et seq., as added by the Small Executive Order 13132. Thus, Executive allowances of CFCs. Business Regulatory Enforcement Order 13132 does not apply to this rule. I. National Technology Transfer and Fairness Act of 1996, generally provides F. Executive Order 13175: Consultation Advancement Act that before a rule may take effect, the agency promulgating the rule must and Coordination With Indian Tribal Section 12(d) of the National Governments submit a rule report, which includes a Technology Transfer and Advancement copy of the rule, to each House of the Executive Order 13175, entitled Act of 1995 (‘‘NTTAA), Public Law 104– Congress and to the Comptroller General ‘‘Consultation and Coordination with 113, section 12(d) (15 U.S.C. 272 note) of the United States. Therefore, EPA Indian Tribal Governments’’ (65 FR directs EPA to use voluntary consensus will submit a report containing this rule 67249, November 9, 2000), requires EPA standards in regulatory activities unless and other required information to the to develop an accountable process to to do so would be inconsistent with U.S. Senate, the U.S. House of ensure ‘‘meaningful and timely input by applicable law or otherwise impractical. Representatives, and the Comptroller tribal officials in the development of Voluntary consensus standards are General of the United States prior to regulatory policies that have tribal technical standards (e.g., materials publication of the rule in the Federal implications.’’ This final rule does not specifications, test methods, sampling Register. This rule is not a ‘‘major rule’’ have tribal implications, as specified in procedures, and business practices) that as defined by 5 U.S.C. 804(2). This rule Executive Order 13175. This rule affects are developed or adopted by voluntary will be effective June 11, 2008. only the companies that requested consensus standards bodies. The V. Judicial Review essential use allowances. Thus, NTTAA directs EPA to provide Executive Order 13175 does not apply Congress, through OMB, explanations Under section 307(b)(1) of the Act, to this rule. when the Agency decides not to use EPA finds that these regulations are of available and applicable voluntary national applicability. Accordingly, G. Executive Order 13045: Protection of consensus standards. This final rule judicial review of the action is available Children From Environmental Health does not involve technical standards. only by the filing of a petition for review Risks and Safety Risks Therefore, EPA did not consider the use in the United States Court of Appeals of any voluntary consensus standards. for the District of Columbia Circuit Executive Order 13045, ‘‘Protection of within sixty days of publication of the Children from Environmental Health J. Executive Order 12898: Federal action in the Federal Register. Under risks and Safety Risks’’ (62 FR 19885, Actions To Address Environmental section 307(b)(2), the requirements of April 23, 1997), applies to any rule that Justice in Minority Populations and this rule may not be challenged later in (1) is determined to be ‘‘economically Low-Income Populations judicial proceedings brought to enforce significant’’ as defined under Executive Executive Order 12898 (59 FR 7629 those requirements. Order 12866, and (2) concerns an (February 16, 1994)) establishes federal environmental health and safety risk executive policy on environmental VI. Effective Date of This Final Rule that EPA has reason to believe may have justice. Its main provision directs Section 553(d) of the Administrative a disproportionate effect on children. If federal agencies, to the greatest extent Procedures Act (APA) generally the regulatory action meets both criteria, practicable and permitted by law, to provides that rules may not take effect the Agency must evaluate the make environmental justice part of their earlier than 30 days after they are environmental health or safety effects of mission by identifying and addressing, published in the Federal Register. This the planned rule on children, and as appropriate, disproportionately high final rule is issued under section 307(d) explain why the planned regulation is and adverse human health or of the CAA, which states, ‘‘The preferable to other potentially effective environmental effects of their programs, provisions of section 553 through 557 of and reasonably feasible alternatives policies, and activities on minority Title 5 shall not, except as expressly considered by the Agency. populations and low-income provided in this subsection, apply to EPA interprets Executive Order 13045 populations in the United States. actions to which this subsection as applying only to those regulatory EPA has determined that this final applies.’’ Thus, section 553(d) of the actions that are based on health or safety rule will not have disproportionately APA does not apply to this rule. EPA risks, such that the analysis required high and adverse human health or nevertheless is acting consistently with under section 5–501 of the Order has environmental effects on minority or the policies underlying APA section the potential to influence the regulation. low-income populations, because it 553(d) in making this rule effective June This final rule is not subject to affects the level of environmental 11, 2008. APA section 553(d) provides Executive Order 13045 because it protection equally for all affected an exception for any action that grants implements the phaseout schedule and populations without having any or recognizes an exemption or relieves exemptions established by Congress in disproportionately high and adverse a restriction. Because this action grants Title VI of the Clean Air Act. human health or environmental effects an exemption to the phaseout of

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33013

production and consumption of CFCs, Dated: June 5, 2008. Subpart A—Production and EPA is making this action effective Stephen L. Johnson, Consumption Controls immediately to ensure continued Administrator. availability of CFCs for medical devices. I 40 CFR part 82 is amended as follows: I 2. Section 82.8 is amended by revising List of Subjects in 40 CFR Part 82 the table in paragraph (a) to read as PART 82—PROTECTION OF follows: Environmental protection, STRATOSPHERIC OZONE § 82.8 Grants of essential use allowances Administrative practice and procedure, I 1. The authority citation for part 82 and critical use allowances. Air pollution control, Chemicals, continues to read as follows: Exports, Imports, Ozone, Reporting and Authority: 42 U.S.C. 7414, 7601, 7671– (a) * * * recordkeeping requirements. 7671q.

TABLE I.—ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2008

2008 Quantity Company Chemical (metric tons)

(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease

Armstrong Pharmaceuticals ...... CFC–114 (production of epinephrine MDIs only) ...... 27.0

* * * * * the docket index available in • Food manufacturing (NAICS code [FR Doc. E8–13088 Filed 6–10–08; 8:45 am] regulations.gov. Although listed in the 311). • BILLING CODE 6560–50–P index, some information is not publicly Pesticide manufacturing (NAICS available, e.g., Confidential Business code 32532). Information (CBI) or other information This listing is not intended to be ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. exhaustive, but rather to provide a guide AGENCY Certain other material, such as for readers regarding entities likely to be copyrighted material, is not placed on affected by this action. Other types of 40 CFR Part 180 the Internet and will be publicly entities not listed in this unit could also be affected. The North American [EPA–HQ–OPP–2007–1021; FRL–8365–6] available only in hard copy form. Publicly available docket materials are Industrial Classification System Flutolanil; Pesticide Tolerances available in the electronic docket at (NAICS) codes have been provided to http://www.regulations.gov, or, if only assist you and others in determining AGENCY: Environmental Protection available in hard copy, at the OPP whether this action might apply to Agency (EPA). Regulatory Public Docket in Rm. S– certain entities. If you have any ACTION: Final rule. 4400, One Potomac Yard (South Bldg.), questions regarding the applicability of 2777 S. Crystal Dr., Arlington, VA. The this action to a particular entity, consult SUMMARY: This regulation establishes Docket Facility is open from 8:30 a.m. the person listed under FOR FURTHER tolerances for indirect or inadvertent to 4 p.m., Monday through Friday, INFORMATION CONTACT. residues of flutolanil in or on wheat and excluding legal holidays. The Docket soybeans. Nichino America, Inc. B. How Can I Access Electronic Copies Facility telephone number is (703) 305– requested these tolerances under the of this Document? 5805. Federal Food, Drug, and Cosmetic Act In addition to accessing an electronic (FFDCA). FOR FURTHER INFORMATION CONTACT: Lisa copy of this Federal Register document Jones, Registration Division (7505P), through the electronic docket at http:// DATES: This regulation is effective June Office of Pesticide Programs, 11, 2008. Objections and requests for www.regulations.gov, you may access Environmental Protection Agency, 1200 this Federal Register document hearings must be received on or before Pennsylvania Ave., NW., Washington, August 11, 2008, and must be filed in electronically through the EPA Internet DC 20460–0001; telephone number: under the ‘‘Federal Register’’ listings at accordance with the instructions (703) 308–9424; e-mail address: provided in 40 CFR part 178 (see also http://www.epa.gov/fedrgstr. You may [email protected]. also access a frequently updated Unit I.C. of the SUPPLEMENTARY electronic version of EPA’s tolerance INFORMATION). SUPPLEMENTARY INFORMATION: regulations at 40 CFR part 180 through ADDRESSES: EPA has established a I. General Information the Government Printing Office’s pilot docket for this action under docket A. Does this Action Apply to Me? e-CFR site at http://www.gpoaccess.gov/ identification (ID) number EPA–HQ– ecfr. OPP–2007–1021. To access the You may be potentially affected by electronic docket, go to http:// this action if you are an agricultural C. Can I File an Objection or Hearing www.regulations.gov, select ‘‘Advanced producer, food manufacturer, or Request? Search,’’ then ‘‘Docket Search.’’ Insert pesticide manufacturer. Potentially Under section 408(g) of FFDCA, any the docket ID number where indicated affected entities may include, but are person may file an objection to any and select the ‘‘Submit’’ button. Follow not limited to those engaged in the aspect of this regulation and may also the instructions on the regulations.gov following activities: request a hearing on those objections. website to view the docket index or • Crop production (NAICS code 111). You must file your objection or request access available documents. All • Animal production (NAICS code a hearing on this regulation in documents in the docket are listed in 112). accordance with the instructions

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33014 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

provided in 40 CFR part 178. To ensure 0.10 ppm, wheat hay at 1.0 ppm, and at 0.20 ppm, and wheat bran at 0.20 proper receipt by EPA, you must wheat straw at 0.30 ppm. ppm. EPA’s assessment of exposures identify docket ID number EPA–HQ– That notice referenced a summary of and risks associated with establishing OPP–2007–1021 in the subject line on the petition prepared by Nichino tolerances follows. the first page of your submission. All America, Inc., the registrant, which is A. Toxicological Profile requests must be in writing, and must be available to the public in the docket, mailed or delivered to the Hearing Clerk http://www.regulations.gov. One EPA has evaluated the available as required by 40 CFR part 178 on or comment was received on the notice of toxicity data and considered its validity, before August 11, 2008. filing. EPA’s response to these completeness, and reliability as well as In addition to filing an objection or comments is discussed in Unit IV.C. the relationship of the results of the hearing request with the Hearing Clerk Based upon review of the data studies to human risk. EPA has also as described in 40 CFR part 178, please supporting the petition, EPA has revised considered available information submit a copy of the filing that does not all proposed tolerances except for concerning the variability of the contain any CBI for inclusion in the soybean seed. The reasons for these sensitivities of major identifiable public docket that is described in changes are explained in Unit IV.D. subgroups of consumers, including ADDRESSES. Information not marked The time-limited tolerances infants and children. confidential pursuant to 40 CFR part 2 exemptions for rice, grain; rice, straw; The toxicology studies conducted on may be disclosed publicly by EPA rice, bran; and rice, hulls are removed flutolanil demonstrate few or no without prior notice. Submit this copy, from 40 CFR 180.484 because the biologically significant toxic effects. identified by docket ID number EPA– expiration date of December 31, 2000 Liver effects in rats included increases HQ–OPP–2007–1021, by one of the has passed. in absolute and relative liver weight in the absence of clinical chemistry and/or following methods: III. Aggregate Risk Assessment and • histopathology findings. In dogs, there Federal eRulemaking Portal: http:// Determination of Safety www.regulations.gov. Follow the on-line was an elevation in alkaline instructions for submitting comments. Section 408(b)(2)(A)(i) of FFDCA phosphatase and cholesterol levels • Mail: Office of Pesticide Programs allows EPA to establish a tolerance (the together with dose-related increases in (OPP) Regulatory Public Docket (7502P), legal limit for a pesticide chemical absolute and relative liver weights, Environmental Protection Agency, 1200 residue in or on a food) only if EPA slightly enlarged livers, and an increase Pennsylvania Ave., NW., Washington, determines that the tolerance is ‘‘safe.’’ in severity of glycogen deposition. The DC 20460–0001. Section 408(b)(2)(A)(ii) of FFDCA increased liver weights are considered • Delivery: OPP Regulatory Public defines ‘‘safe’’ to mean that ‘‘there is a to be an adaptive response to flutolanil Docket (7502P), Environmental reasonable certainty that no harm will treatment and not an adverse effect. Protection Agency, Rm. S–4400, One result from aggregate exposure to the Based on the lack of evidence of Potomac Yard (South Bldg.), 2777 S. pesticide chemical residue, including carcinogenicity and the lack of evidence Crystal Dr., Arlington, VA. Deliveries all anticipated dietary exposures and all of mutagenicity, flutolanil is classified are only accepted during the Docket’s other exposures for which there is as ‘‘not likely to be carcinogenic to normal hours of operation (8:30 a.m. to reliable information.’’ This includes humans’’. 4 p.m., Monday through Friday, exposure through drinking water and in Flutolanil is not neurotoxic, and it is excluding legal holidays). Special residential settings, but does not include not a developmental or reproductive arrangements should be made for occupational exposure. Section toxicant. No maternal, reproductive, or deliveries of boxed information. The 408(b)(2)(C) of FFDCA requires EPA to developmental toxicity was observed at Docket Facility telephone number is give special consideration to exposure the limit dose. There was no evidence (703) 305–5805. of infants and children to the pesticide for increased susceptibility of rat or chemical residue in establishing a II. Petition for Tolerance rabbit fetuses to in utero exposure or rat tolerance and to ‘‘ensure that there is a pups to post-natal exposure to In the Federal Register of March 12, reasonable certainty that no harm will flutolanil. No toxic effects were 2008 (73 FR 13225) (FRL–8354–6), EPA result to infants and children from observed in studies in which flutolanil issued a notice pursuant to section aggregate exposure to the pesticide was administered by the dermal route of 408(d)(3) of FFDCA, 21 U.S.C. chemical residue. . . .’’ exposure at the limit dose. 346a(d)(3), announcing the filing of a Consistent with section 408(b)(2)(D) Specific information on the studies pesticide petition (PP 0F6159) by of FFDCA, and the factors specified in received and the nature of the adverse Nichino America, Inc., 4550 New section 408(b)(2)(D) of FFDCA, EPA has effects caused by flutolanil as well as Linden Hill Road, Suite 501, reviewed the available scientific data the no-observed-adverse-effect-level Wilmington, DE 19808. The petition and other relevant information in (NOAEL) and the lowest-observed- requested that 40 CFR 180.484 be support of this action. EPA has adverse-effect-level (LOAEL) from the amended by establishing tolerances for sufficient data to assess the hazards of toxicity studies can be found at http:// indirect or inadvertent residues of the and to make a determination on www.regulations.gov in the document fungicide flutolanil, N-(3-(1- aggregate exposure for the petitioned-for ‘‘Flutolanil, Human Health Risk methylethoxy)phenyl)-2- tolerances for indirect or inadvertent Assessment. Requests for Inadvertent or (trifluoromethyl)benzamide, and its residues of flutolanil, N-(3-(1- Indirect Tolerances for use on soybean, metabolite, M-4, desisopropyl flutolanil methylethoxy)phenyl)-2- wheat, corn and cotton, November 27, N-(3-hydroxyphenyl)-2- (trifluoromethyl)benzamide, and its 2007’’ beginning on page 7 in docket ID (trifluromethyl)benzamide, expressed as metabolites converted to 2- number EPA–HQ–OPP–2007–1021. 2-(trifluoromethyl) benzoic acid and (trifluoromethyl) benzoic acid and calculated as flutolanil, in or on soybean calculated as flutolanil, in or on soybean B. Toxicological Endpoints forage at 9.0 parts per million (ppm), forage at 8.0 ppm, soybean hay at 2.5 For hazards that have a threshold soybean hay at 2.0 ppm, soybean seed ppm, soybean seed at 0.20 ppm, wheat below which there is no appreciable at 0.20 ppm, wheat bran at 0.3 ppm, forage at 2.5 ppm, wheat grain at 0.05 risk, a toxicological point of departure wheat forage at 2.0 ppm, wheat grain at ppm, wheat hay at 1.2 ppm, wheat straw (POD) is identified as the basis for

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33015

derivation of reference values for risk human population as well as other For non-threshold risks, the Agency assessment. The POD may be defined as unknowns. Safety is assessed for acute assumes that any amount of exposure the highest dose at which no adverse and chronic dietary risks by comparing will lead to some degree of risk. Thus, effects are observed (the NOAEL) in the aggregate food and water exposure to the Agency estimates risk in terms of the toxicology study identified as the pesticide to the acute population probability of an occurrence of the appropriate for use in risk assessment. adjusted dose (aPAD) and chronic adverse effect greater than that expected However, if a NOAEL cannot be population adjusted dose (cPAD). The in a lifetime. For more information on determined, the lowest dose at which aPAD and cPAD are calculated by the general principles EPA uses in risk adverse effects of concern are identified dividing the POD by all applicable UFs. characterization and a complete (the LOAEL) or a Benchmark Dose Aggregate short-term, intermediate-term, description of the risk assessment (BMD) approach is sometimes used for and chronic-term risks are evaluated by process, see http://www.epa.gov/ risk assessment. Uncertainty/safety factors (UFs) are used in conjunction comparing food, water, and residential pesticides/factsheets/riskassess.htm. with the POD to take into account exposure to the POD to ensure that the A summary of the toxicological uncertainties inherent in the margin of exposure (MOE) called for by endpoints for flutolanil used for human extrapolation from laboratory animal the product of all applicable UFs is not risk assessment is shown in the data to humans and in the variations in exceeded. This latter value is referred to following table. sensitivity among members of the as the Level of Concern (LOC).

TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUTOLANIL FOR USE IN HUMAN RISK ASSESSMENT

Point of Departure and RfD, PAD, LOC for Risk Exposure/Scenario Uncertainty/Safety Fac- Study and Toxicological Effects tors Assessment

Acute dietary (all populations) No appropriate toxicological endpoint attributable to a single exposure (dose) was identified from the oral toxicity studies including developmental toxicity studies in rats and rabbits.

Chronic dietary (all populations) NOAEL = 50 mg/kg/day Chronic RfD = 0.5 mg/ 2–year chronic study in dogs, MRID no. 40342922 UFA = 10x kg/day LOAEL = 250 mg/kg/day based on increased inci- UFH = 10x cPAD = 0.5 mg/kg/day dence of clinical toxic signs (emesis, salivation, FQPA SF = 1x and soft stool)

Cancer (oral, dermal, inhalation) ‘‘Not likely to be carcinogenic to humans’’ based on the absence of significant tumor increases in two adequate rodent carcinogenicity studies.

UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term risk assessment. UFDB = to ac- count for the absence of data or other data deficiency. FQPA SF = FQPA Safety Factor. PAD = population adjusted dose (a = acute, c = chron- ic). RfD = reference dose. MOE = margin of exposure. LOC = level of concern.

C. Exposure Assessment EPA assumed that tolerance-level Generic Expected Environmental residues were used for all crops. Concentrations (GENEEC) (a Tier 1 1. Dietary exposure from food and iii. Cancer. Flutolanil has been model) before using Pesticide Root feed uses. In evaluating dietary classified as ‘‘Not likely to be Zone/Exposure Analysis Modeling exposure to flutolanil and metabolites, Carcinogenic to Humans’’ therefore a System (PRZM/EXAMS) (a Tier 2 EPA considered exposure under the cancer dietary exposure assessment was model) for a screening-level assessment petitioned-for tolerances as well as all not performed. for surface water, but given the unique existing flutolanil tolerances in (40 CFR 2. Dietary exposure from drinking hydrological issues arising from 180.484). EPA assessed dietary water. The Agency used screening level pesticide application to rice paddies, exposures from flutolanil in food as water exposure models in the dietary EPA used the FARM rather than follows: exposure analysis and risk assessment GENEEC or PRZM/EXAMS for surface i. Acute exposure. Quantitative acute for flutolanil in drinking water. These water estimates. dietary exposure and risk assessments simulation models take into account Based on the SCI-GROW model, and are performed for a food-use pesticide, data on the physical, chemical, and fate/ the FARM (to estimate pesticide if a toxicological study has indicated the transport characteristics of flutolanil. concentrations in surface water after possibility of an effect of concern Further information regarding EPA applying flutolanil on rice) the occurring as a result of a 1–day or single drinking water models used in pesticide estimated environmental concentrations exposure. exposure assessment can be found at (EECs) of flutolanil for acute exposures No such effects were identified in the http://www.epa.gov/oppefed1/models/ are estimated to be 3.8 parts per billion toxicological studies for flutolanil; water/index.htm. (ppb) for surface water and 0.34 ppb for therefore, a quantitative acute dietary The Agency used the First ground water. The EECs for chronic exposure assessment is unnecessary. Approximation Rice Model (FARM) to exposures are estimated to be 3.8 ppb ii. Chronic exposure. In conducting estimate pesticide concentrations in for surface water and 0.34 ppb for the chronic dietary exposure assessment surface water after applying flutolanil ground water. EPA used the food consumption data on rice and Screening Concentrations in Modeled estimates of drinking water from the United States Department of Ground Water (SCI-GROW), which concentrations were directly entered Agriculture (USDA) 1994–1996 and predicts pesticide concentrations in into the dietary exposure model. For 1998 CSFII. As to residue levels in food, ground water. In general, EPA will use chronic dietary risk assessment, the

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33016 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

water concentration of value 3.8 ppb reliable data available to EPA support product of all applicable UFs is not was used to access the contribution to the choice of a different factor. exceeded. drinking water. 2. Prenatal and postnatal sensitivity. 1. Acute risk. No appropriate 3. From non-dietary exposure. The There was no evidence of increased endpoint attributable to a single term ‘‘residential exposure’’ is used in susceptibility of rat or rabbit fetuses to exposure (dose) was identified from oral this document to refer to non- in utero exposure or rat pups to post- toxicity studies for the general occupational, non-dietary exposure natal exposure to flutolanil. Flutolanil is population or for females aged thirteen (e.g., for lawn and garden pest control, not neurotoxic, and it is not a years or older. Flutolanil is not expected indoor pest control, termiticides, and developmental or reproductive toxicant. to pose an acute risk. flea and tick control on pets). No maternal, reproductive, or 2. Chronic risk. Using the exposure Flutolanil is currently registered for developmental toxicity was observed at assumptions described in this unit for the following uses that could result in the limit dose. chronic exposure, EPA has concluded residential exposures: Turf grass and 3. Conclusion. EPA has determined that exposure to flutolanil and ornamental plants. Although residential that reliable data show the safety of metabolites from food and water will (non-occupational) exposure exists, a infants and children would be utilize 1% of the cPAD for the most quantitative exposure assessment was adequately protected if the FQPA SF highly exposed population subgroup not conducted since no toxicological were reduced to 1X. That decision is (infants less than one year old). Based endpoint attributable to acute, short- based on the following findings: on the use pattern, chronic residential term or intermediate-term exposure i. The toxicity database for flutolanil exposure to residues of flutolanil is not have been identified and the current use is complete. expected. pattern does not indicate chronic or ii. There is no indication that 3. Short and intermediate-term risk. long-term exposure (6 or more months flutolanil is a neurotoxic chemical and Short-term and intermediate-term of continuous exposure) potential. aggregate exposure assessment takes 4. Cumulative effects from substances there is no need for a developmental neurotoxicity study or additional UFs to into account residential exposure plus with a common mechanism of toxicity. chronic exposure to food and water Section 408(b)(2)(D)(v) of FFDCA account for neurotoxicity. iii. There is no evidence that (considered to be a background requires that, when considering whether exposure level). to establish, modify, or revoke a flutolanil results in increased susceptibility in in utero rats or rabbits Because no flutolanil toxicity from tolerance, the Agency consider short-term or intermediate-term dermal ‘‘available information’’ concerning the in the prenatal developmental studies or in young rats in the 2-generation and inhalation exposure was identified, cumulative effects of a particular flutolanil is not expected to pose a pesticide’s residues and ‘‘other reproduction study. short-term or intermediate-term dermal substances that have a common iv. There are no residual uncertainties identified in the exposure data bases. or inhalation risk. mechanism of toxicity.’’ 4. Aggregate cancer risk for U.S. EPA has not found flutolanil to share The dietary food exposure assessments population. EPA has classified flutolanil a common mechanism of toxicity with were performed based on 100 percent as ‘‘not likely’’ to be a human any other substances, and flutolanil crop treated (PCT) and tolerance-level carcinogen. does not appear to produce a toxic residues. 5. Determination of safety. Based on metabolite produced by other EPA made conservative (protective) these risk assessments, EPA concludes substances. For the purposes of this assumptions in the ground water and that there is a reasonable certainty that tolerance action, therefore, EPA has surface water modeling used to assess no harm will result to the general assumed that flutolanil does not have a exposure to flutolanil in drinking water. population, or to infants and children common mechanism of toxicity with The level of residential exposure was from aggregate exposure to flutolanil other substances. For information not assessed as flutolanil was found to residues. regarding EPA’s efforts to determine have no toxic endpoints corresponding which chemicals have a common to the duration of exposures in the IV. Other Considerations mechanism of toxicity and to evaluate residential setting. These assessments A. Analytical Enforcement Methodology the cumulative effects of such will not underestimate the exposure and chemicals, see EPA’s website at http:// risks posed by flutolanil. An adequate common moiety high performance liquid chromatography/ www.epa.gov/pesticides/cumulative. E. Aggregate Risks and Determination of mass spectrometry (HPLC/MS) method Safety D. Safety Factor for Infants and (Method AU/95R/04) is available which Children EPA determines whether acute and determines residues of flutolanil and 1. In general. Section 408(b)(2)(c) of chronic pesticide exposures are safe by metabolites as 2-trifluoromethyl benzoic FFDCA provides that EPA shall apply comparing aggregate exposure estimates acid (2-TFBA). The method may be an additional tenfold (10X) margin of to the aPAD and cPAD. The aPAD and requested from: Chief, Analytical safety for infants and children in the cPAD represent the highest safe Chemistry Branch, Environmental case of threshold effects to account for exposures, taking into account all Science Center, 701 Mapes Rd., Ft. prenatal and postnatal toxicity and the appropriate SFs. EPA calculates the Meade, MD 20755–5350; telephone completeness of the database on toxicity aPAD and cPAD by dividing the POD by number: (410) 305–2905; e-mail address: and exposure (MOE) unless EPA all applicable UFs. For linear cancer [email protected]. determines based on reliable data that a risks, EPA calculates the probability of different margin of safety will be safe for additional cancer cases given the B. International Residue Limits infants and children. This additional estimated aggregate exposure. Short- Codex maximum residue limits margin of safety is commonly referred to term, intermediate-term, and chronic- (MRLs) are established for residues of as the FQPA safety factor (SF). In term risks are evaluated by comparing flutolanil per se in rice commodities at applying this provision, EPA either the estimated aggregate food, water, and 1–10 ppm, and in livestock retains the default value of 10X, or uses residential exposure to the POD to commodities at 0.05–0.2 ppm. There are a different additional safety factor when ensure that the MOE called for by the no wheat or soybean Codex MRL’s.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33017

Codex MRL’s differ from established rice, bran; and rice, hulls are removed duty or contain any unfunded mandate tolerances for the following from 40 CFR part 180.484: as described under Title II of the commodities: Rice, grain; cattle, goat Unfunded Mandates Reform Act of 1995 VI. Statutory and Executive Order and hog kidney, and cattle, goat and hog (UMRA) (Public Law 104–4). Reviews liver. No Canadian or Mexican MRLs This action does not involve any have been established for flutolanil. This final rule establishes tolerances technical standards that would require The Agency’s tolerance levels are under section 408(d) of FFDCA in Agency consideration of voluntary based on analyses of the residue field response to a petition submitted to the consensus standards pursuant to section trial data using EPA’s Tolerance Agency. The Office of Management and 12(d) of the National Technology Spreadsheet in accordance with the Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 Agency’s Guidance for Setting Pesticide of actions from review under Executive (NTTAA), Public Law 104–113, section Tolerances Based on Field Trial Data, Order 12866, entitled Regulatory 12(d) (15 U.S.C. 272 note). Standard Operating Procedure (SOP). Planning and Review (58 FR 51735, October 4, 1993). Because this final rule VII. Congressional Review Act C. Response to Comments has been exempted from review under The Congressional Review Act, 5 One comment was received from a Executive Order 12866, this final rule is U.S.C. 801 et seq., generally provides private citizen objecting to the not subject to Executive Order 13211, that before a rule may take effect, the establishment of tolerances for Actions Concerning Regulations That agency promulgating the rule must flutolanil. The commenter criticized Significantly Affect Energy Supply, submit a rule report to each House of EPA’s reliance on toxicology testing on Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller animals. The Agency has received, and 22, 2001) or Executive Order 13045, General of the United States. EPA will responded to, similar comments from entitled Protection of Children from submit a report containing this rule and this commenter on numerous previous Environmental Health Risks and Safety other required information to the U.S. occasions. Refer to Federal Register 70 Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of FR 37686 (June 30, 2005), 70 FR 1354 This final rule does not contain any Representatives, and the Comptroller (January 7, 2005) and, 69 FR 63096 information collections subject to OMB General of the United States prior to (October 29, 2004) for the Agency’s approval under the Paperwork publication of this final rule in the response to these objections. Reduction Act (PRA), 44 U.S.C. 3501 et Federal Register. This final rule is not seq., nor does it require any special D. Revisions to Petitioned-For a ‘‘major rule’’ as defined by 5 U.S.C. considerations under Executive Order 804(2). Tolerances 12898, entitled Federal Actions to Based upon review of the data Address Environmental Justice in List of Subjects in 40 CFR Part 180 supporting the petition, EPA Minority Populations and Low-Income Environmental protection, determined that the proposed tolerances Populations (59 FR 7629, February 16, Administrative practice and procedure, should be revised as follows: Soybean, 1994). Agricultural commodities, Pesticides forage decreased from 9.0 ppm to 8.0 Since tolerances and exemptions that and pests, Reporting and recordkeeping ppm; soybean, hay increased from 2.0 are established on the basis of a petition requirements. ppm to 2.5 ppm; wheat, forage increased under section 408(d) of FFDCA, such as Dated: May 29, 2008. the tolerance in this final rule, do not from 2.0 ppm to 2.5 ppm; wheat, grain Lois A. Rossi, decreased from 0.1 ppm to 0.05 ppm; require the issuance of a proposed rule, the requirements of the Regulatory Director, Registration Division, Office of wheat, hay increased from 1.0 ppm to Pesticide Programs. 1.2 ppm; wheat, straw decreased from Flexibility Act (RFA) (5 U.S.C. 601 et I 0.3 ppm to 0.20 ppm; and wheat, bran seq.) do not apply. Therefore, 40 CFR chapter I is decreased from 0.3 ppm to 0.20 ppm. This final rule directly regulates amended as follows: growers, food processors, food handlers, EPA revised these tolerance levels based PART 180—[AMENDED] on analysis of the residue field trial data and food retailers, not States or tribes, using the Agency’s Tolerance nor does this action alter the I 1. The authority citation for part 180 Spreadsheet in accordance with the relationships or distribution of power continues to read as follows: and responsibilities established by Agency’s Guidance for Setting Pesticide Authority: 21 U.S.C. 321(q), 346a and 371. Congress in the preemption provisions Tolerances Based on Field Trial Data I 2. Section 180.484 is amended by Standard Operating Procedure (SOP). of section 408(n)(4) of FFDCA. As such, the Agency has determined that this removing paragraph (a)(2), removing the V. Conclusion action will not have a substantial direct heading to paragraph (a)(1), redesignating paragraph (a)(1) as Therefore, tolerances are established effect on States or tribal governments, paragraph (a) and revising paragraph (d) for indirect or inadvertent residues of on the relationship between the national to read as follows: flutolanil, N-(3-(1- government and the States or tribal methylethoxy)phenyl)-2- governments, or on the distribution of § 180.484 Flutolanil (N-(3-(1- (trifluoromethyl)benzamide, and its power and responsibilities among the methylethoxy)phenyl)-2- metabolites converted to 2- various levels of government or between (trifluoromethyl)benzamide); tolerances for (trifluoromethyl) benzoic acid and the Federal Government and Indian residues. calculated as flutolanil, in or on tribes. Thus, the Agency has determined * * * * * soybean, forage at 8.0 ppm, soybean, that Executive Order 13132, entitled (d) Indirect or inadvertent residues. hay at 2.5 ppm, soybean, seed at 0.20 Federalism (64 FR 43255, August 10, Tolerances are established for the ppm, wheat, forage at 2.5 ppm, wheat, 1999) and Executive Order 13175, indirect or inadvertent residues of the grain at 0.05 ppm, wheat, hay at 1.2 entitled Consultation and Coordination fungicide flutolanil, N-(3-(1- ppm, wheat, straw at 0.20 ppm, and with Indian Tribal Governments (65 FR methylethoxy)phenyl)-2- wheat, bran at 0.20 ppm. 67249, November 9, 2000) do not apply (trifluoromethyl)benzamide, and its Additionally, expired time-limited to this final rule. In addition, this final metabolites converted to 2- tolerances for rice, grain; rice, straw; rule does not impose any enforceable (trifluoromethyl) benzoic acid and

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33018 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

calculated as flutolanil, in or on the following commodities:

Commodity Parts per million

Soybean, forage ...... 8.0 Soybean, hay ...... 2.5 Soybean, seed ...... 0.20 Wheat, bran ...... 0.20 Wheat, forage ...... 2.5 Wheat, grain ...... 0.05 Wheat, hay ...... 1.2 Wheat, straw 0.20

[FR Doc. E8–13000 Filed 6–10–08; 8:45 am] ADDRESSES: EPA has established a not limited to those engaged in the BILLING CODE 6560–50–S docket for this action under docket following activities: identification (ID) number EPA–HQ– • Crop production (NAICS code OPP–2007–0535. To access the 111). ENVIRONMENTAL PROTECTION electronic docket, go to http:// • Animal production (NAICS code AGENCY www.regulations.gov, select ‘‘Advanced 112). • Search,’’ then ‘‘Docket Search.’’ Insert Food manufacturing (NAICS code 40 CFR Part 180 311). the docket ID number where indicated • [EPA–HQ–OPP–2007–0535; FRL–8366–4] and select the ‘‘Submit’’ button. Follow Pesticide manufacturing (NAICS the instructions on the regulations.gov code 32532). This listing is not intended to be Bifenthrin; Pesticide Tolerances website to view the docket index or exhaustive, but rather to provide a guide access available documents. All AGENCY: Environmental Protection for readers regarding entities likely to be documents in the docket are listed in Agency (EPA). affected by this action. Other types of the docket index available in ACTION: Final rule. entities not listed in this unit could also regulations.gov. Although listed in the be affected. The North American index, some information is not publicly SUMMARY: This regulation establishes Industrial Classification System available, e.g., Confidential Business tolerances for residues of the insecticide (NAICS) codes have been provided to Information (CBI) or other information bifenthrin (2-methyl [1,1’-biphenyl]-3- assist you and others in determining whose disclosure is restricted by statute. yl) methyl-3-(2-chloro-3,3,3,-trifluoro-1- whether this action might apply to Certain other material, such as propenyl)-2,2- certain entities. If you have any dimethylcyclopropanecarboxylate in or copyrighted material, is not placed on questions regarding the applicability of on food commodities bushberry the Internet and will be publicly this action to a particular entity, consult available only in hard copy form. subgroup 13-07B; and leafy petioles the person listed under FOR FURTHER Publicly available docket materials are subgroup 4B. The Interregional Research INFORMATION CONTACT. Project Number 4 (IR-4) requested these available in the electronic docket at tolerances under the Federal Food, http://www.regulations.gov, or, if only B. How Can I Access Electronic Copies Drug, and Cosmetic Act (FFDCA). In available in hard copy, at the OPP of this Document? addition, this action revises previously Regulatory Public Docket in Rm. S– In addition to accessing an electronic established time-limited tolerances for 4400, One Potomac Yard (South Bldg.), copy of this Federal Register document residues of bifenthrin in or on 2777 S. Crystal Dr., Arlington, VA. The through the electronic docket at http:// orchardgrass, forage and orchardgrass, Docket Facility is open from 8:30 a.m. www.regulations.gov, you may access hay in response to the approval of a to 4 p.m., Monday through Friday, this Federal Register document specific exemption under section 18 of excluding legal holidays. The Docket electronically through the EPA Internet the Federal Insecticide, Fungicide, and Facility telephone number is (703) 305– under the ‘‘Federal Register’’ listings at Rodenticide Act (FIFRA) authorizing the 5805. http://www.epa.gov/fedrgstr. You may use of this insecticide on orchardgrass FOR FURTHER INFORMATION CONTACT: also access a frequently updated in the State of Oregon to control western electronic version of EPA’s tolerance orchardgrass billbug. Residue data have Sidney Jackson, Registration Division (7505P), Office of Pesticide Programs, regulations at 40 CFR part 180 through been submitted indicating the need to the Government Printing Office’s pilot increase the tolerances from their Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, e-CFR site at http://www.gpoaccess.gov/ original level. This regulation ecfr. establishes maximum permissible levels DC 20460–0001; telephone number: of residues of bifenthrin in these food/ (703) 305–7610; e-mail address: C. Can I File an Objection or Hearing feed commodities. The time-limited [email protected]. Request? tolerances expire and are revoked on SUPPLEMENTARY INFORMATION: Under section 408(g) of FFDCA, any December 31, 2009. person may file an objection to any DATES: This regulation is effective June I. General Information aspect of this regulation and may also 11, 2008. Objections and requests for A. Does this Action Apply to Me? request a hearing on those objections. hearings must be received on or before You must file your objection or request August 11, 2008, and must be filed in You may be potentially affected by a hearing on this regulation in accordance with the instructions this action if you are an agricultural accordance with the instructions provided in 40 CFR part 178 (see also producer, food manufacturer, or provided in 40 CFR part 178. To ensure Unit I.C. of the SUPPLEMENTARY pesticide manufacturer. Potentially proper receipt by EPA, you must INFORMATION). affected entities may include, but are identify docket ID number EPA–HQ–

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33019

OPP–2007–0535. in the subject line on http://www.regulations.gov. There were and with FIFRA section 18. Consistent the first page of your submission. All no comments received in response to with the need to move quickly on the requests must be in writing, and must be the notice of filing. emergency exemption in order to mailed or delivered to the Hearing Clerk Based upon review of the data address the urgent non-routine situation as required by 40 CFR part 178 on or supporting the petition, EPA has and to ensure that the resulting food is before August 11, 2008. corrected the commodity definition and safe and lawful, EPA is revising these In addition to filing an objection or utilized established new crop groups/ time-limited tolerances without notice hearing request with the Hearing Clerk subgroups outlined in the final rule for and opportunity for public comment as as described in 40 CFR part 178, please Pesticide Tolerance Crop Grouping provided in section 408 (1) (6) of the submit a copy of the filing that does not Program dated December 7, 2007 (72 FR FFDCA. Although, these time-limited contain any CBI for inclusion in the 69150) (FRL–8343–1). The new tolerances expire and are revoked on public docket that is described in commodity definition, Bushberry December 31, 2009, under section 408 ADDRESSES. Information not marked subgroup 13-07B, includes all proposed (1) (5) of the FFDCA, residues of the confidential pursuant to 40 CFR part 2 commodities as well as additional pesticide not in excess of the amounts may be disclosed publicly by EPA related commodities. Therefore, a specified in the tolerances remaining in without prior notice. Submit this copy, separate tolerance for each commodity or on orchardgrass, forage and hay after identified by docket ID number EPA– is not needed. Based on supporting data, that date will not be unlawful, provided HQ–OPP–2007–0535, by one of the EPA also revised the proposed tolerance the pesticide is applied in a manner that following methods: level from 2.0 to 1.8 ppm. The reasons was lawful under FIFRA, and the • Federal eRulemaking Portal: for these changes are explained in Unit residues do not exceed levels that were http://www.regulations.gov. Follow the IV.C. authorized by these time-limited on-line instructions for submitting EPA is also revising previously tolerances at the time of application. comments. established time-limited tolerances for EPA will take action to revoke these • Mail: Office of Pesticide Programs residues of the insecticide bifenthrin in time-limited tolerances earlier if any (OPP) Regulatory Public Docket (7502P), or on orchardgrass, forage at 2.5 ppm experience with, scientific data, or other Environmental Protection Agency, 1200 and orchardgrass, hay at 4.5 ppm. These relevant information on this pesticide Pennsylvania Ave., NW., Washington, tolerances expire and are revoked on indicates that the residues are not safe. DC 20460–0001. December 31, 2009. The Agency is Because these time-limited tolerances • Delivery: OPP Regulatory Public establishing these time-limited are being approved under emergency Docket (7502P), Environmental tolerances in response to a specific conditions, EPA has not made any Protection Agency, Rm. S–4400, One emergency exemption request under decisions about whether bifenthrin Potomac Yard (South Bldg.), 2777 S. section 18 of the Federal Insecticide, meets EPA’s registration requirements Crystal Dr., Arlington, VA. Deliveries Fungicide, and Rodenticide Act for use on orchardgrass, forage and hay, are only accepted during the Docket’s (‘‘FIFRA’’), 7 U.S.C. 136p, on behalf of or whether a permanent tolerance for normal hours of operation (8:30 a.m. to the Oregon Department of Agriculture these uses would be appropriate. Under 4 p.m., Monday through Friday, for the emergency use of bifenthrin on this circumstance, EPA does not believe excluding legal holidays). Special ochardgrass grown for seed, to control that the time-limited tolerance serves as arrangements should be made for the orchardgrass billbug. a basis for registration of bifenthrin by deliveries of boxed information. The Oregon produces nearly all of the a State for special local needs under Docket Facility telephone number is nation’s orchardgrass seed, which is FIFRA section 24(c). Nor does the time- (703) 305–5805. primarily used as a high protein pasture limited tolerance serve as the basis for grass. The key pest of orchardgrass in II. Petition for Tolerance any State other than Oregon to use this Oregon is the orchardgrass billbug, pesticide on these commodities under In the Federal Register of August 1, which lays eggs into the stem where section 18 of FIFRA without following 2007 (72 FR 42074) (FRL–8140–4), EPA they hatch and are hard to control by all provisions of EPA’s regulations issued a notice pursuant to section insecticides. The effect of drought implementing FIFRA section 18 as 408(d)(3) of FFDCA, 21 U.S.C. conditions in fields serves to magnify identified in 40 CFR part 166. 346a(d)(3), announcing the filing of a damage and loss associated with this pesticide petition (PP 7E7227) by IR–4, pest. Significant yield losses, and III. Aggregate Risk Assessment and 500 College Road East, Suite 201 W, subsequently economic losses, are Determination of Safety Princeton, NJ 08540. The petition expected without adequate control. EPA Section 408(b)(2)(A)(i) of FFDCA requested that 40 CFR 180.442 be has authorized under FIFRA section 18 allows EPA to establish a tolerance (the amended by establishing tolerances for the use of bifenthrin on orchardgrass for legal limit for a pesticide chemical residues of the insecticide bifenthrin (2- control of orchardgrass billbug in residue in or on a food) only if EPA methyl [1,1’-biphenyl]-3-yl)methyl-3-(2- Oregon. After having reviewed the determines that the tolerance is ‘‘safe.’’ chloro-3,3,3,-trifluoro-1-propenyl)-2,2- submission, EPA concurs that Section 408(b)(2)(A)(ii) of FFDCA dimethylcyclopropanecarboxylate in or emergency conditions exist for this defines ‘‘safe’’ to mean that ‘‘there is a on food commodities bushberry State. reasonable certainty that no harm will subgroup 13-B and juneberry; As part of its assessment of the result from aggregate exposure to the lingonberry; salal; aronia berry; emergency exemption request, EPA pesticide chemical residue, including blueberry, lowbush; buffalo currant; assessed the potential risks presented by all anticipated dietary exposures and all Chilean guava; European barberry; the residues of bifenthrin in or on other exposures for which there is highbush cranberry; honeysuckle; orchardgrass, forage and orchardgrass, reliable information.’’ This includes jostaberry; native currant; sea buckthorn hay. In doing so, EPA considered the exposure through drinking water and in at 2.0 ppm; and leafy petioles subgroup safety standard in section 408(b)(2) of residential settings, but does not include 4-B at 3.0 ppm. That notice referenced the FFDCA, and EPA decided that the occupational exposure. Section a summary of the petition prepared by necessary time-limited tolerances under 408(b)(2)(C) of FFDCA requires EPA to FMC Corporation, the registrant, which section 408(1)(6) of the FFDCA would give special consideration to exposure is available to the public in the docket, be consistent with the safety standard of infants and children to the pesticide

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33020 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

chemical residue in establishing a (the LOAEL) or a Benchmark Dose Individuals (CSFII). As to residue levels tolerance and to ‘‘ensure that there is a (BMD) approach is sometimes used for in food, EPA conducted a highly- reasonable certainty that no harm will risk assessment. Uncertainty/safety refined, acute probabilistic dietary result to infants and children from factors (UFs) are used in conjunction exposure and risk assessment for all aggregate exposure to the pesticide with the POD to take into account registered and pending food uses. chemical residue....’’ These provisions uncertainties inherent in the Anticipated residues (ARs) were were added to the FFDCA by the Food extrapolation from laboratory animal developed based on the latest USDA’s Quality Protection Act (FQPA) of 1996. data to humans and in the variations in Pesticide Data Program (PDP) Consistent with section 408(b)(2)(D) sensitivity among members of the monitoring data 1998–2005, Food and of FFDCA, and the factors specified in human population as well as other Drug Administration (FDA) data, or section 408(b)(2)(D) of FFDCA, EPA has unknowns. Safety is assessed for acute field trial data for bifenthrin. ARs were reviewed the available scientific data and chronic dietary risks by comparing further refined using the latest percent and other relevant information in aggregate food and water exposure to crop-treated (PCT) data and processing support of this action. EPA has the pesticide to the acute population factors where appropriate. For new uses sufficient data to assess the hazards of adjusted dose (aPAD) and chronic and uses that have been registered less and to make a determination on population adjusted dose (cPAD). The than five years 100 PCT was assumed. aggregate exposure for the petitioned-for aPAD and cPAD are calculated by ii. Chronic exposure. In conducting tolerances for residues of insecticide dividing the POD by all applicable UFs. the chronic dietary exposure assessment bifenthrin (2-methyl [1,1’-biphenyl]-3- Aggregate short-, intermediate-, and EPA used the food consumption data yl)methyl-3-(2-chloro-3,3,3,-trifluoro-1- chronic-term risks are evaluated by from the USDA 1994–1996 and 1998 propenyl)-2,2- comparing food, water, and residential CSFII. As to residue levels in food, a dimethylcyclopropanecarboxylate in or exposure to the POD to ensure that the refined chronic dietary exposure on food commodities bushberry margin of exposure (MOE) called for by assessment was conducted for all the subgroup 13-07B at 1.8 ppm; leafy the product of all applicable UFs is not registered and pending food uses of petioles subgroup 4-B at 3.0 ppm as well exceeded. This latter value is referred to bifenthrin using single point estimates as the time-limited tolerance for as the Level of Concern (LOC). of anticipated bifenthrin residues, residues of bifenthrin in or on For non-threshold risks, the Agency including PCT for registered food/feed orchardgrass, forage at 2.5 ppm and assumes that any amount of exposure commodities. For new uses and uses orchardgrass, hay at 4.5 ppm. EPA’s will lead to some degree of risk. Thus, that have been registered less than 5 assessment of exposures and risks the Agency estimates risk in terms of the years, 100 PCT was assumed. associated with establishing tolerances probability of an occurrence of the iii. Cancer. There was no conclusive follows. adverse effect greater than that expected evidence of carcinogenic potential of in a lifetime. For more information on bifenthrin in the rat. A mouse A. Toxicological Profile the general principles EPA uses in risk oncogenicity study provided some EPA has evaluated the available characterization and a complete evidence for carcinogenic potential in toxicity data and considered their description of the risk assessment this species. In the mouse oncogenicity validity, completeness, and reliability as process, see http://www.epa.gov/ study, high-dose (81.3 mg/kg/day) males well as the relationship of the results of pesticides/factsheets/riskassess.htm. showed a highly significant increased the studies to human risk. EPA has also A summary of the toxicological incidence of urinary bladder tumors. considered available information endpoints for bifenthrin used for human Other findings in the mouse study concerning the variability of the risk assessment can be found at http:// included a dose-related trend of sensitivities of major identifiable www.regulations.gov in the Bifenthrin increased combined incidences of subgroups of consumers, including Human Health Risk Assessment in adenoma and adenocarcinoma of the infants and children. Specific docket ID number EPA–HQ–OPP–2007– liver (males only), and increased information on the studies received and 0535–0004. incidences of bronchioalveolar the nature of the adverse effects caused adenomas and adenocarcinomas of the by bifenthrin as well as the no-observed- C. Exposure Assessment lung in females at some, but not all dose adverse-effect-level (NOAEL) and the 1. Dietary exposure from food and levels relative to their controls. The EPA lowest-observed-adverse-effect-level feed uses. In evaluating dietary has characterized bifenthrin as Category (LOAEL) from the toxicity studies can exposure to bifenthrin, EPA considered C (possible human carcinogen) be found at http://www.regulations.gov exposure under the petitioned-for primarily on the basis of a mouse study. in document entitled ‘‘Human Health tolerances as well as all existing For the purpose of risk characterization, Risk Assessment’’ in docket ID number bifenthrin tolerances in (40 CFR the reference-dose (RfD) approach EPA–HQ–OPP–2007–0535–0004. 180.442). EPA assessed dietary should be used for quantification of exposures from bifenthrin in food as human cancer risk. B. Toxicological Endpoints follows: iv. Anticipated residue and PCT For hazards that have a threshold i. Acute exposure. Quantitative acute information. Section 408(b)(2)(E) of the below which there is no appreciable dietary exposure and risk assessments FFDCA authorizes EPA to use available risk, a toxicological point of departure are performed for a food-use pesticide, data and information on the anticipated (POD) is identified as the basis for if a toxicological study has indicated the residue levels of pesticide residues in derivation of reference values for risk possibility of an effect of concern food and the actual levels of pesticide assessment. The POD may be defined as occurring as a result of a 1–day or single residues that have been measured in the highest dose at which no adverse exposure. food. If EPA relies on such information, effects are observed (the NOAEL) in the In estimating acute dietary exposure, EPA must pursuant to section 408(f)(1) toxicology study identified as EPA used food consumption of the FFDCA require that data be appropriate for use in risk assessment. information from the United States provided 5 years after the tolerance is However, if a NOAEL cannot be Department of Agriculture (USDA) established, modified, or left in effect, determined, the lowest dose at which 1994–1996 and 1998 Nationwide demonstrating that the levels in food are adverse effects of concern are identified Continuing Surveys of Food Intake by not above the levels anticipated. For the

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33021

present action, EPA will issue such data within the recent 6 years of available EDWC for both acute and chronic call-ins as are required by section public and private market survey data exposures is estimated to be 0.0030 ppb 408(b)(2)(E) of the FFDCA and for the existing use and rounded up to for ground water. authorized under section 408(f)(1) of the the nearest multiple of 5%. Modeled estimates of drinking water FFDCA. Data will be required to be The Agency believes that the concentrations were directly entered submitted no later than 5 years from the conditions listed in Unit III.C.1.iv.a., b., into the dietary exposure model. For date of issuance of this tolerance. and c. have been met. With respect to acute and chronic dietary risk Section 408(b)(2)(F) of FFDCA states Condition a., PCT estimates are derived assessments, the water concentration that the Agency may use data on the from Federal and private market survey value of 0.0140 ppb (based on the actual percent of food treated for data, which are reliable and have a valid maximum applied rate to lettuce at 0.5 assessing chronic dietary risk only if: basis. The Agency is reasonably certain lb a.i./A/season) was used to assess the a. The data used are reliable and that the percentage of the food treated contribution to drinking water. provide a valid basis to show what is not likely to be an underestimation. 3. From non-dietary exposure. The percentage of the food derived from As to Conditions b. and c., regional term ‘‘residential exposure’’ is used in such crop is likely to contain the consumption information and this document to refer to non- pesticide residue. consumption information for significant occupational, non-dietary exposure b. The exposure estimate does not subpopulations is taken into account (e.g., for lawn and garden pest control, underestimate exposure for any through EPA’s computer-based model indoor pest control, termiticides, and significant subpopulation group. for evaluating the exposure of flea and tick control on pets). c. Data are available on pesticide use significant subpopulations including Bifenthrin is currently registered for and food consumption in a particular several regional groups. Use of this the following residential non-dietary area, the exposure estimate does not consumption information in EPA’s risk sites: Indoor and outdoor residential understate exposure for the population assessment process ensures that EPA’s non-dietary sites. Adults are potentially in such areas. exposure estimate does not understate exposed to bifenthrin residues during In addition, the Agency must provide exposure for any significant residential application of bifenthrin. for periodic evaluation of any estimates subpopulation group and allows the Both adults and children are potentially used. To provide for the periodic Agency to be reasonably certain that no exposed to bifenthrin residues after evaluation of the estimate of PCT as regional population is exposed to application (post-application) of required by FFDCA section 408(b)(2)(F), residue levels higher than those bifenthrin products in residential EPA may require registrants to submit estimated by the Agency. Other than the settings. Exposure estimates were data on PCT. data available through national food generated for residential handlers and The Agency used PCT information for consumption surveys, EPA does not individuals potential post-application chronic dietary exposure as follows: have available information on the contact with lawn, soil, and treated Raspberries 70%; honeydew melon regional consumption of food to which indoor surfaces using the EPA’s Draft 55%; hops 35%; alfalfa 1%; blackberries bifenthrin may be applied in a Standard Operating Procedures (SOPs) 20%; cantaloupes 20%; sweet corn particular area. for Residential Exposure Assessment, 20%; cabbage 15%; artichokes 10%; 2. Dietary exposure from drinking and dissipation data from a turf broccoli 1%; cauliflower 5%; corn 1%; water. The Agency lacks sufficient transferable residue (TTR) study. Short- cucumbers 5%; grapes 1%; canola/ monitoring data to complete a term and intermediate-term dermal and rapeseed 5%; lettuce 1%; peas, green comprehensive dietary exposure inhalation exposures for adults, and 5%; carrots 5%; peppers 5%;pumpkins analysis and risk assessment for short-term and intermediate-term 15%; dry beans/peas 1%; tomatoes 5%; bifenthrin in drinking water. Because dermal and incidental oral exposures for watermelons 5%; onions 1%; peanuts the Agency does not have children are anticipated. These 1%; pecans 1%; potatoes 1%; soybean comprehensive monitoring data for estimates are considered conservative, 1%; squash 5%; sweet potatoes 35%; drinking water concentrations, the but appropriate, since the study data beans, green 30%; strawberries 15%; Agency used screening level water were generated at maximum application cotton 1%; and lettuce 1%. exposure models in the dietary exposure rates. In most cases, EPA uses available data analysis and risk assessment for 4. Cumulative effects from substances from United States Department of bifenthrin in drinking water. These with a common mechanism of toxicity. Agriculture/National Agricultural simulation models take into account Section 408(b)(2)(D)(v) of FFDCA Statistics Service (USDA/NASS), data on the physical, chemical, and fate/ requires that, when considering whether proprietary market surveys, and the transport characteristics of bifenthrin. to establish, modify, or revoke a National Pesticide Use Database for the Further information regarding EPA tolerance, the Agency consider chemical/crop combination for the most drinking water models used in pesticide ‘‘available information’’ concerning the recent 6 years. EPA uses an average PCT exposure assessment can be found at cumulative effects of a particular for chronic dietary risk analysis. The http://www.epa.gov/oppefed1/models/ pesticide’s residues and ‘‘other average PCT figure for each existing use water/index.htm. substances that have a common is derived by combining available Based on the First Index Reservoir mechanism of toxicity.’’ public and private market survey data Screening Tool (FIRST) and Screening Bifenthrin is a member of the for that use, averaging across all Concentration in Ground Water (SCI- pyrethroid class of pesticides. EPA is observations, and rounding to the GROW) models, the estimated drinking not currently following a cumulative nearest 5%, except for those situations water concentrations (EDWCs) of risk approach based on a common in which the average PCT is less than bifenthrin for acute and chronic mechanism of toxicity for the one. In those cases, 1% is used as the exposure were calculated based on a pyrethroids. Although all pyrethroids average PCT and 2.5% is used as the maximum application rate of 0.5 alter nerve function by modifying the maximum PCT. EPA uses a maximum pound(lb) active ingredient(ai)/acre(A)/ normal biochemistry and physiology of PCT for acute dietary risk analysis. The season. For both acute and chronic nerve membrane sodium channels, maximum PCT figure is the highest exposures, the EDWC in surface water available data show that there are observed maximum value reported was estimated as 0.0140 ppb. The multiple types of sodium channels and

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33022 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

it is currently unknown whether the uncertainties for prenatal and/or for all infants (<1 year old) the pyrethroids as a class have similar postnatal toxicity following exposure to population group receiving the greatest effects on all channels or whether bifenthrin. exposure. Therefore, EPA does not modifications of different types of 3. Conclusion. EPA has determined expect the aggregate exposure to exceed sodium channels would have a that reliable data show the safety of 100% of the aPAD. cumulative effect. Nor do we have a infants and children would be 2. Chronic risk. Using the exposure clear understanding of effects on key adequately protected if the FQPA SF assumptions described in this unit for downstream neuronal function, e.g., were reduced to 1X. That decision is chronic exposure, EPA has concluded nerve excitability, or how these key based on the following findings: that chronic exposure to bifenthrin from events interact to produce their i. The toxicity database for bifenthrin food and water will utilize 55% of the compound specific patterns of is complete. cPAD for children 3–5 years old the neurotoxicity. Without such ii. A DNT study with bifenthrin is population group receiving the greatest understanding, there is no basis to make available. This study does not show any exposure. Based on the use pattern, a common mechanism of toxicity evidence of increased susceptibility of chronic residential exposure to residues finding. There is ongoing research by offspring following exposure to of bifenthrin is not expected. Therefore, the EPA’s Office of Research and bifenthrin. This study did not impact EPA does not expect the aggregate Development and pyrethroid registrants endpoints selected by the Agency for exposure to exceed 100% of the cPAD. to evaluate the differential biochemical various exposure scenarios. 3. Short- and Intermediate-term risks. and physiological actions of pyrethroids iii. There is no evidence that Short-term and intermediate-term in mammals. When available, the bifenthrin results in increased aggregate exposure takes into account Agency will evaluate results of this susceptibility in in utero rats or rabbits short-term residential exposure plus research and make a determination of in the prenatal developmental studies or chronic exposure to food and water common mechanism as a basis for in young rats in the 2–generation (considered to be a background assessing cumulative risk. For reproduction study. exposure level). information regarding EPA’s procedures iv. There are no residual uncertainties Bifenthrin is currently registered for for cumulating effects from substances identified in the exposure databases. uses that could result in short-term and found to have a common mechanism on The dietary food exposure assessments intermediate-term residential exposure EPA’s website at http://www.epa.gov/ were performed based on anticipated and the Agency has determined that it pesticides/cumulative/. residues and percent crop treated. These is appropriate to aggregate chronic assumptions are based on reliable data exposure through food and water and D. Safety Factor for Infants and and will not underestimate the exposure Children short-term and intermediate-term and risk. EPA made conservative exposures to bifenthrin. 1. In general. Section 408(b)(2)(c) of (protective) assumptions in the ground Using the exposure assumptions FFDCA provides that EPA shall apply and surface water modeling used to described in this unit for short-term and an additional tenfold (10X) margin of assess exposure to bifenthrin in intermediate-term exposures, EPA has safety for infants and children in the drinking water. EPA used similarly concluded food, water, and residential case of threshold effects to account for conservative assumptions to assess exposures aggregated result in aggregate prenatal and postnatal toxicity and the postapplication exposure of children as MOEs of 220 for the U.S. general completeness of the database on toxicity well as incidental oral exposure of population, 270 for all infants < 1 year and exposure unless EPA determines toddlers. These assessments will not old, and 180 for children 3–5 years old, based on reliable data that a different underestimate the exposure and risks the subpopulation at greatest exposure. margin of safety will be safe for infants posed by bifenthrin. These aggregate MOEs do not exceed the and children. This additional margin of Agency’s LOC for aggregate exposure to safety is commonly referred to as the E. Aggregate Risks and Determination of food, water and residential uses. FQPA safety factor (SF). In applying this Safety Therefore, EPA does not expect short provision, EPA either retains the default EPA determines whether acute and and intermediate-term aggregate value of 10X, or uses a different chronic pesticide exposures are safe by exposures to exceed the Agency’s LOC. additional safety factor when reliable comparing aggregate exposure estimates 4. Aggregate cancer risk for U.S. data available to EPA support the choice to the aPAD and cPAD. The aPAD and population. The Agency considers the of a different factor. cPAD represent the highest safe 2. Prenatal and postnatal sensitivity. exposures, taking into account all chronic aggregate risk assessment, EPA concluded there is not a concern appropriate SFs. EPA calculates the making use of the cPAD, to be protective for prenatal and/or postnatal toxicity aPAD and cPAD by dividing the POD by of any aggregate cancer risk. See Unit resulting from exposure to bifenthrin. all applicable UFs. For linear cancer III.C.iii. 5. Determination of safety. Based on There was no quantitative or qualitative risks, EPA calculates the probability of these risk assessments, EPA concludes evidence of increased susceptibility of additional cancer cases given the that there is a reasonable certainty that rat or rabbit fetuses to in utero exposure estimated aggregate exposure. Short-, no harm will result to the general to bifenthrin in developmental toxicity intermediate-, and chronic-term risks population, or to infants and children studies and no quantitative or are evaluated by comparing the from aggregate exposure to bifenthrin qualitative evidence of increased estimated aggregate food, water, and residues. susceptibility of neonates (as compared residential exposure to the POD to to adults) to bifenthrin in a 2–generation ensure that the MOE called for by the IV. Other Considerations reproduction study in rats. product of all applicable UFs is not A. Analytical Enforcement Methodology Additionally, there was no quantitative exceeded. or qualitative evidence of increased 1. Acute risk. Using the exposure Adequate enforcement methodology susceptibility of neonates (as compared assumptions discussed in this unit for (gas chromatography (GC)/electron- to adults) to bifenthrin in a acute exposure, the acute dietary capture detection (ECD)) are available to developmental neurotoxicity study. exposure from food and water to enforce the tolerance expression. The There are no concerns or residual bifenthrin will occupy 25% of the aPAD limit of quantitation (LOQ) for these

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33023

methods is 0.05 ppm. The method may that they agree with the recent crop Risks (62 FR 19885, April 23, 1997). be requested from: Chief, Analytical grouping revisions because: This final rule does not contain any Chemistry Branch, Environmental i. Although the subgroup includes information collections subject to OMB Science Center, 701 Mapes Rd., Ft. several new commodities, these approval under the Paperwork Meade, MD 20755–5350; telephone commodities were proposed as Reduction Act (PRA), 44 U.S.C. 3501 et number: (410) 305–2905; e-mail address: individual tolerances and are closely seq., nor does it require any special [email protected]. related minor crops which contribute considerations under Executive Order little to overall dietary or aggregate 12898, entitled Federal Actions to B. International Residue Limits exposure and risk; Address Environmental Justice in There are no Codex, Canadian, or ii. Bifenthrin exposure from these Minority Populations and Low-Income Mexican MRLs for bifenthrin in or on added commodities was considered Populations (59 FR 7629, February 16, the proposed commodities. when EPA conducted the dietary and 1994). aggregate risk assessments supporting Since tolerances and exemptions that C. Revisions to Petitioned-For this action; and are established on the basis of a petition Tolerances iii. the representative commodities for under section 408(d) of FFDCA, such as Based on evaluation of available data the revised subgroup have not changed. the tolerance in this final rule, do not supporting this petition, the Agency Bushberry subgroup 13-07B. The field require the issuance of a proposed rule, revised the registrant’s proposed trials with bifenthrin on blueberries, the requirements of the Regulatory tolerances for Bushberry, subgroup 13B, representative crop, are adequate. An Flexibility Act (RFA) (5 U.S.C. 601 et including proposed individual berries adequate number of trials were seq.) do not apply. tolerance, from 2.0 to 1.8 ppm and conducted reflecting the proposed use This final rule directly regulates applied the corrected commodity patterns in the appropriate geographic growers, food processors, food handlers, definition, Bushberry subgroup 13-07B. regions, and the appropriate and food retailers, not States or tribes, Separate tolerances for new commodities were collected at the nor does this action alter the commodities listed in crop subgroup 13- proposed ‘‘pre’’ harvest intervals (PHIs). relationships or distribution of power 07B are not required as outlined in the Samples were analyzed using adequate and responsibilities established by Pesticide Tolerance Crop Grouping and appropriate analytical methods. Congress in the preemption provisions Program Final Rule published in the Tolerance levels for residues in or on of section 408(n)(4) of FFDCA. As such, Federal Register of December 7, 2007 bushberry (subgroup 13-07B) were the Agency has determined that this (72 FR 69150) (FRL–8340–6). determined using the North American action will not have a substantial direct effect on States or tribal governments, The Agency determined that adequate Free Trade Agreement (NAFTA) on the relationship between the national data are available to support maximum residue levels (MRL)/ government and the States or tribal establishing a tolerance for the Tolerance Harmonization Spreadsheet. governments, or on the distribution of bushberry subgroup 13-07B. IR–4 V. Conclusion power and responsibilities among the petitioned for a tolerance for bushberry Therefore, tolerances are established various levels of government or between subgroup 13B as well as an individual for residues of the insecticide bifenthrin the Federal Government and Indian tolerance on juneberry; lingonberry; (2-methyl [1, 1’-biphenyl]-3-yl)methyl-3- tribes. Thus, the Agency has determined salal; aronia berry; blueberry, lowbush; (2-chloro-3,3,3,-trifluoro-1-propenyl)- that Executive Order 13132, entitled buffalo currant; Chilean guava; 2,2-dimethylcyclopropanecarboxylate in Federalism (64 FR 43255, August 10, European barberry; highbush cranberry; or on food commodities bushberry 1999) and Executive Order 13175, honeysuckle; jostaberry; native currant; subgroup 13-07B at 1.8 ppm; and leafy entitled Consultation and Coordination sea buckthorn (PP 7E7227). EPA has petioles subgroup 4B at 3.0 ppm. In with Indian Tribal Governments (65 FR expanded and revised berries group 13. addition, this regulation revises the 67249, November 9, 2000) do not apply Changes to crop group 13 (berries) time-limited tolerances for residues of to this final rule. In addition, this final included adding new commodities, bifenthrin in or on orchardgrass, forage rule does not impose any enforceable revising existing subgroups and creating at 2.5 ppm and orchardgrass, hay at 4.5 duty or contain any unfunded mandate new subgroups (including a bushberry ppm. as described under Title II of the subgroup 13-07B consisting of the Unfunded Mandates Reform Act of 1995 commodities requested in PP 7E7227 VI. Statutory and Executive Order Reviews (UMRA) (Public Law 104–4). and cultivars, varieties, and/or hybrids This action does not involve any of these). This final rule establishes tolerances technical standards that would require EPA indicated in the December 7, under section 408(d) of FFDCA in Agency consideration of voluntary 2007 final rule as well as the earlier May response to a petition submitted to the consensus standards pursuant to section 23, 2007 proposed rule (72 FR 28920) Agency. The Office of Management and 12(d) of the National Technology that, for existing petitions for which a Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 Notice of Filing had been published, the of actions from review under Executive (NTTAA), Public Law 104–113, section Agency would attempt to conform these Order 12866, entitled Regulatory 12(d) (15 U.S.C. 272 note). petitions to the rule. Therefore, Planning and Review (58 FR 51735, consistent with this rule, EPA is October 4, 1993). Because this final rule VII. Congressional Review Act establishing tolerances on Bushberry has been exempted from review under The Congressional Review Act, 5 subgroup 13-07B. Bushberry subgroup Executive Order 12866, this final rule is U.S.C. 801 et seq., generally provides 13-07B consists of the berries for which not subject to Executive Order 13211, that before a rule may take effect, the tolerances were requested in PP 7E7227, Actions Concerning Regulations That agency promulgating the rule must as well as, additional commodities not Significantly Affect Energy Supply, submit a rule report to each House of included in the original tolerance Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller petition. 22, 2001) or Executive Order 13045, General of the United States. EPA will EPA concludes it is reasonable to entitled Protection of Children from submit a report containing this rule and revise the petitioned-for tolerances so Environmental Health Risks and Safety other required information to the U.S.

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33024 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Senate, the U.S. House of PART 180—[AMENDED] Commodity Parts per million Representatives, and the Comptroller General of the United States prior to I 1. The authority citation for part 180 ***** publication of this final rule in the continues to read as follows: Leafy petioles subgroup 4B ...... 3.0 Federal Register. This final rule is not Authority: 21 U.S.C. 321(q), 346a and 371. a ‘‘major rule’’ as defined by 5 U.S.C. ***** 804(2). I 2. Section 180.442 is amended by alphabetically adding the following * * * * * List of Subjects in 40 CFR Part 180 commodities to the table in paragraph (b) Section 18 emergency exemptions. Environmental protection, (a) and by revising paragraph (b) to read A time-limited tolerance is established Administrative practice and procedure, as follows: for the residues of the insecticide Agricultural commodities, Pesticides bifenthrin ((2-methyl [1,1’-biphenyl]-3- and pests, Reporting and recordkeeping §180.442 Bifenthrin; tolerances for yl)methyl-3-(2-chloro-3,3,3,-trifluoro-1- requirements. residues. propenyl)-2,2- Dated: May 28, 2008. (a) General. (1) * * * dimethylcyclopropanecarboxylate) in Lois Rossi, connection with use of the pesticide Commodity Parts per million Director, Registration Division, Office of under a section 18 emergency Pesticide Programs. ***** exemption granted by EPA. This I Therefore, 40 CFR chapter I is Bushberry subgroup 13- tolerance will expire and is revoked on amended as follows: 07B ...... 1.8 the date specified in the following table.

Expiration/Revocation Commodity Parts per million Date

Orchardgrass, forage ...... 2.5 12/31/09 Orchardgrass, hay ...... 4.5 12/31/09

* * * * * [FR Doc. E8–13068 Filed 6–10–08; 8:45 am] BILLING CODE 6560–50–S

VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 yshivers on PROD1PC62 with RULES 33025

Proposed Rules Federal Register Vol. 73, No. 113

Wednesday, June 11, 2008

This section of the FEDERAL REGISTER • Hand Delivery: Deliver to Mail except Federal holidays. The AD docket contains notices to the public of the proposed address above between 9 a.m. and 5 contains this proposed AD, the issuance of rules and regulations. The p.m., Monday through Friday, except regulatory evaluation, any comments purpose of these notices is to give interested Federal holidays. received, and other information. The persons an opportunity to participate in the • Fax: (202) 493–2251. street address for the Docket Operations rule making prior to the adoption of the final rules. You can get the service information office (telephone (800) 647–5527) is the identified in this proposed AD from same as the Mail address provided in Rolls-Royce Corporation, P.O. Box 420, the ADDRESSES section. Comments will DEPARTMENT OF TRANSPORTATION Indianapolis, IN 46206; e-mail: be available in the AD docket shortly [email protected]; after receipt. Federal Aviation Administration telephone (317) 230–3774; fax (317) 230–8084. Discussion 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: RRC was seeking to increase the LCF Michael Downs, Aerospace Engineer, lives of the compressor wheels used in [Docket No. FAA–2008–0230; Directorate AE 3007A1E and AE 1107C turbofan/ Identifier 2007–NE–24–AD] Chicago Aircraft Certification Office, Small Airplane Directorate, FAA, 2300 turboshaft engines, by applying an RIN 2120–AA64 E. Devon Ave., Des Plaines, IL 60018; updated lifing methodology. However, telephone (847) 294–7870; fax (847) their engine testing and evaluation Airworthiness Directives; Rolls-Royce 294–7834. revealed that some of the compressor Corporation AE 3007A1E and AE SUPPLEMENTARY INFORMATION: wheels experienced crack initiation in 1107C Turbofan/Turboshaft Engines the dovetail slots. RRC found that these Comments Invited parts were likely to fail within their AGENCY: Federal Aviation published lives, and that that failure Administration (FAA), Department of We invite you to send us any written presented an unacceptable compromise Transportation (DOT). relevant data, views, or arguments regarding this proposal. Send your to safety. As a result, RRC decreased the ACTION: Notice of proposed rulemaking comments to an address listed under published life limits of the compressor (NPRM). ADDRESSES. Include ‘‘Docket No. FAA– wheels, and also recalculated and SUMMARY: The FAA proposes to adopt a 2008–0230; Directorate Identifier 2007– decreased the published life of certain new airworthiness directive (AD) for NE–24–AD’’ in the subject line of your compressor cone shaft assemblies and Rolls-Royce Corporation (RRC) AE comments. We specifically invite 1st-to-2nd stage turbine spacers. We 3007A1E and AE 1107C turbofan/ comments on the overall regulatory, reviewed RRC’s testing results and turboshaft engines. This proposed AD economic, environmental, and energy reached the same conclusion. These would require removal from service of aspects of the proposed AD. We will conditions, if not corrected, could lead certain 2nd stage, 3rd stage, and 4th consider all comments received by the to LCF failure of the parts listed in Table stage compressor wheels, compressor closing date and may amend the 1 of this proposed AD, which could cone shaft assemblies, and 1st to 2nd- proposed AD in light of those result in an uncontained engine failure stage turbine spacers, at new, reduced, comments. and damage to the aircraft. published life limits. This proposed AD We will post all comments we FAA’s Determination and Requirements results from RRC applying an updated receive, without change, to http:// of the Proposed AD lifing methodology to the affected parts. www.regulations.gov, including any We are proposing this AD to prevent personal information you provide. We We have evaluated all pertinent low-cycle-fatigue (LCF) failure of the will also post a report summarizing each information and identified an unsafe parts listed in Table 1 of this proposed substantive verbal contact with FAA condition that is likely to exist or AD, which could result in an personnel concerning this proposed AD. develop on other products of this same uncontained engine failure and damage Using the search function of the Web type design. We are proposing this AD, to the aircraft. site, anyone can find and read the which would require removal from comments in any of our dockets, service of the parts listed in Table 1 of DATES: We must receive any comments including, if provided, the name of the this proposed AD, at new, reduced, on this proposed AD by August 11, individual who sent the comment (or published life limits. 2008. signed the comment on behalf of an Costs of Compliance ADDRESSES: Use one of the following association, business, labor union, etc.). addresses to comment on this proposed You may review the DOT’s complete We estimate that this proposed AD AD. Privacy Act Statement in the Federal would affect 220 AE 3007A1E turbofan • Federal eRulemaking Portal: Go to Register published on April 11, 2000 engines installed on aircraft of U.S. http://www.regulations.gov and follow (65 FR 19477–78). registry. The proposed action does not the instructions for sending your impose any additional labor costs since comments electronically. Examining the AD Docket it will be performed at engine overhaul. • Mail: Docket Management Facility, You may examine the AD docket on Required parts would cost about U.S. Department of Transportation, 1200 the Internet at http:// $100,000 per engine. Based on these New Jersey Avenue, SE., West Building www.regulations.gov; or in person at the figures, we estimate the total cost of the Ground Floor, Room W12–140, Docket Operations office between 9 a.m. proposed AD to U.S. operators to be Washington, DC 20590–0001. and 5 p.m., Monday through Friday, $22,000,000.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33026 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

Authority for This Rulemaking States, on the relationship between the PART 39—AIRWORTHINESS Title 49 of the United States Code national Government and the States, or DIRECTIVES specifies the FAA’s authority to issue on the distribution of power and rules on aviation safety. Subtitle I, responsibilities among the various 1. The authority citation for part 39 Section 106, describes the authority of levels of government. continues to read as follows: For the reasons discussed above, I the FAA Administrator. Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more certify that the proposed AD: 1. Is not a ‘‘significant regulatory detail the scope of the Agency’s § 39.13 [Amended] action’’ under Executive Order 12866; authority. 2. Is not a ‘‘significant rule’’ under the 2. The FAA amends § 39.13 by adding We are issuing this rulemaking under DOT Regulatory Policies and Procedures the following new airworthiness the authority described in Subtitle VII, (44 FR 11034, February 26, 1979); and directive: Part A, Subpart III, Section 44701, 3. Would not have a significant ‘‘General requirements.’’ Under that Rolls-Royce Corporation (Formerly Allison economic impact, positive or negative, Engine Company, Inc.): Docket No. section, Congress charges the FAA with on a substantial number of small entities promoting safe flight of civil aircraft in FAA–2008–0230; Directorate Identifier under the criteria of the Regulatory 2007–NE–24–AD. air commerce by prescribing regulations Flexibility Act. for practices, methods, and procedures We prepared a regulatory evaluation Comments Due Date the Administrator finds necessary for of the estimated costs to comply with (a) The Federal Aviation Administration safety in air commerce. This regulation this proposed AD. You may get a copy (FAA) must receive comments on this is within the scope of that authority of this summary at the address listed airworthiness directive (AD) action by because it addresses an unsafe condition under ADDRESSES. August 11, 2008. that is likely to exist or develop on products identified in this rulemaking List of Subjects in 14 CFR Part 39 Affected ADs action. Air transportation, Aircraft, Aviation (b) None. safety, Safety. Regulatory Findings Applicability We have determined that this The Proposed Amendment (c) This AD applies to Rolls-Royce proposed AD would not have federalism Under the authority delegated to me Corporation (RRC) AE 3007A1E and AE implications under Executive Order by the Administrator, the Federal 1107C turbofan/turboshaft engines, with the 13132. This proposed AD would not Aviation Administration proposes to following parts in Table 1 installed, as have a substantial direct effect on the amend 14 CFR part 39 as follows: applicable:

TABLE 1.—AFFECTED PARTS AND REDUCED LIFE LIMITS

New reduced published life Engine Part name Part No. limit, in flight cycles

AE 3007A1E ...... 2nd Stage Compressor Wheel ...... 23050752 15,200 3rd Stage Compressor Wheel ...... 23065303 13,300 AE 1107C ...... 2nd Stage Compressor Wheel ...... 23050752 11,400 2nd Stage Compressor Wheel ...... 23084157 11,400 3rd Stage Compressor Wheel ...... 23065303 6,200 3rd Stage Compressor Wheel (serial numbers L72422, L72475, 23065303 5,000 L72505, L130704, L130829, L130830, L138218, L138226, L138621, L206084, L206163). 3rd Stage Compressor Wheel ...... 23084158 6,200 4th Stage Compressor Wheel ...... 23050754 14,900 4th Stage Compressor Wheel ...... 23071259 14,900 4th Stage Compressor Wheel ...... 23084159 14,900 Compressor Cone Shaft Assembly ...... 23050728 2,900 Compressor Cone Shaft Assembly ...... 23070729 2,900 1st to 2nd-Stage Turbine Spacer ...... 23065300 9,500

AE 3007A1E turbofan engines are installed Compliance Related Information on, but not limited to, EMBRAER EMB–135BJ (e) You are responsible for having the (h) RRC Alert Service Bulletin (ASB) No. and EMB–145XR airplanes. AE 1107C actions required by this AD performed within AE 3007A–A–72–346, dated May 1, 2007; turboshaft engines are U.S. type-certificated 5 days after the effective date of this AD, Service Bulletin No. AE 1107C–A–72–086, and are installed on, but not limited to, unless the actions have already been done. Revision 2, dated January 28, 2008; and ASB (f) Remove from service the parts listed in certain U.S. military aircraft. No. AE 1107C–A–72–089, dated January 28, Table 1 of this AD, at the new, reduced, Unsafe Condition published life limits specified in Table 1 of 2008, also pertain to the subject of this AD. (i) Contact Michael Downs, Aerospace (d) This AD results from RRC applying an this AD. Engineer, Chicago Aircraft Certification updated lifing methodology to the affected Alternative Methods of Compliance Office, Small Airplane Directorate, FAA, parts. We are issuing this AD to prevent low- (g) The Manager, Chicago Aircraft 2300 E. Devon Ave., Des Plaines, IL 60018; cycle-fatigue failure of the parts listed in Certification Office, has the authority to telephone (847) 294–7870; fax (847) 294– Table 1 of this AD, which could result in an approve alternative methods of compliance 7834, for more information about this AD. uncontained engine failure and damage to for this AD if requested using the procedures the aircraft. found in 14 CFR 39.19.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33027

Issued in Burlington, Massachusetts, on Written Submissions II. Request for Comments June 5, 2008. Submit written submissions in the Robert G. Mann, following ways: Following publication of the October Acting Manager, Engine and Propeller • FAX: 301–827–6870. 30, 2007, notice of public hearing, FDA Directorate, Aircraft Certification Service. • Mail/Hand delivery/Courier [For received a request for a 60-day [FR Doc. E8–13056 Filed 6–10–08; 8:45 am] paper, disk, or CD–ROM submissions]: extension of the comment period. The BILLING CODE 4910–13–P Division of Dockets Management (HFA– request conveyed concern that the FDA 305), Food and Drug Administration, Division of Dockets Management Web 5630 Fishers Lane, rm. 1061, Rockville, site transition to the Federal Docket MD 20852. DEPARTMENT OF HEALTH AND Management System (FDMS) on January To ensure more timely processing of HUMAN SERVICES 15, 2008, delayed the public comments, FDA is no longer accepting presentation of relevant material in the Food and Drug Administration comments submitted to the agency by e- docket and thus did not allow sufficient mail. FDA encourages you to continue time to develop a meaningful or 21 CFR Part 15 to submit electronic comments by using thoughtful response to the request for the Federal eRulemaking Portal, as comments on the issues and questions [Docket Nos. FDA–2005–P–0196 and FDA– described previously, in the ADDRESSES presented in section III of the notice. 2007–0545] (formerly Docket No. 2005P– portion of this document under 0450) Electronic Submissions. FDA has considered the request and Instructions: All submissions received is reopening the comment period for the Salt and Sodium; Petition to Revise the must include the agency name and notice of public hearing, for 60 days, Regulatory Status of Salt andEstablish Docket No(s). for this rulemaking. All until August 11, 2008. The agency Food Labeling Requirements comments received may be posted believes that reopening the comment Regarding Salt and Sodium; Public without change to http:// period for 60 days allows adequate time Hearing; Reopening of the Comment www.regulations.gov, including any for interested persons to submit Period personal information provided. For comments on the issues and questions presented in section III of the notice AGENCY: Food and Drug Administration, additional information on submitting HHS. comments, see the ‘‘Comments’’ heading without significantly delaying the of the SUPPLEMENTARY INFORMATION agency’s consideration of issues related ACTION: Notice of public hearing; section of this document. to salt and sodium. reopening of the comment period. Docket: For access to the docket to read background documents or III. How to Submit Comments SUMMARY: The Food and Drug Administration (FDA) is reopening until comments received, go to http:// Interested persons may submit to the www.regulations.gov and insert the August 11, 2008, the comment period Division of Dockets Management (see docket number(s), found in brackets in for the notice of public hearing, ADDRESSES) written or electronic the heading of this document, into the published in the Federal Register of comments regarding this document. ‘‘Search’’ box and follow the prompts October 23, 2007 (72 FR 59973), Submit a single copy of electronic and/or go to the Division of Dockets requesting comments regarding FDA’s comments to http://www.regulations.gov Management, 5630 Fishers Lane, rm. current framework of policies regarding or two paper copies of any mailed 1061, Rockville, MD 20852. salt and sodium and potential future comments, except that individuals may FOR FURTHER INFORMATION CONTACT: approaches, including approaches submit one paper copy. Comments are described in a citizen petition. The Juanita Yates, Center for Food Safety to be identified with the docket number and Applied Nutrition (HFS–555), Food agency is taking this action in response found in brackets in the heading of this and Drug Administration, 5100 Paint to a request for an extension to allow document. Received comments may be Branch Pkwy., College Park, MD 20740, interested persons additional time to seen in the Division of Dockets 301–436–1731, FAX: 301–436–2964. submit comments. FDA is also Management between 9 a.m. and 4 p.m., reopening the comment period to SUPPLEMENTARY INFORMATION: Monday through Friday. update comments and to receive any I. Background Please note that on January 15, 2008, new information. In the Federal Register of October 23, the FDA Division of Dockets DATES: Submit written or electronic 2007 (72 FR 59973), FDA published a Management Web site transitioned to comments by August 11, 2008. The notice of public hearing requesting the Federal Dockets Management administrative record of the hearing will comments on FDA’s current regulatory System (FDMS). FDMS is a remain open until August 11, 2008. framework of policies regarding salt and Government-wide, electronic docket ADDRESSES: You may submit comments, sodium and future approaches, management system. Electronic identified by Docket Nos. FDA–2005–P– including approaches described in a comments or submissions will be 0196 and FDA–2007–0545 (formerly citizen petition submitted by the Center accepted by FDA only through FDMS at Docket No. 2005P–0450), by any of the for Science in the Public Interest. http://www.regulations.gov. following methods: Specifically, FDA sought comments on Dated: June 3, 2008. Electronic Submissions the issues and questions presented in Submit electronic comments in the section III of the notice. (See 72 FR Jeffrey Shuren, following way: 59973 at 59976.) Associate Commissioner for Policy and • Federal eRulemaking Portal: http:// Interested persons were originally Planning. www.regulations.gov. Follow the given until March 28, 2008, to comment [FR Doc. E8–13122 Filed 6–10–08; 8:45 am] instructions for submitting comments. on issues related to salt and sodium. BILLING CODE 4160–01–S

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33028 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

DEPARTMENT OF HOMELAND Public Participation and Request for Privacy Act SECURITY Comments Anyone can search the electronic We encourage you to participate in form of all comments received into any Coast Guard of our dockets by the name of the this rulemaking by submitting individual submitting the comment (or comments and related materials. All 33 CFR Part 165 signing the comment, if submitted on comments received will be posted, [Docket No. USCG–2008–0246] behalf of an association, business, labor without change, to http:// union, etc.). You may review the RIN 1625–AA00 www.regulations.gov and will include Department of Transportation’s Privacy any personal information you have Safety zone; BWRC Annual Act Statement in the Federal Register provided. We have an agreement with published on April 11, 2000 (65 FR Thanksgiving Regatta; Lake Moolvalya, the Department of Transportation (DOT) Parker, AZ 19477), or you may visit http:// to use the Docket Management Facility. DocketsInfo.dot.gov. AGENCY: Coast Guard, DHS. Please see DOT’s ‘‘Privacy Act’’ Public Meeting ACTION: Notice of proposed rulemaking. paragraph below. We do not now plan to hold a public Submitting Comments SUMMARY: The Coast Guard proposes a meeting. But you may submit a request safety zone, on the navigable waters of If you submit a comment, please for one to the Docket Management Lake Moolvalya region on the lower include the docket number for this Facility at the address under ADDRESSES Colorado River in support of the rulemaking (USCG–2008–0246), explaining why one would be Bluewater Resort and Casino Annual indicate the specific section of this beneficial. If we determine that one Thanksgiving Regatta. This safety zone document to which each comment would aid this rulemaking, we will hold is necessary to provide for the safety of applies, and give the reason for each one at a time and place announced by the participants, crew, spectators, comment. We recommend that you a later notice in the Federal Register. participating vessels, and other vessels include your name and a mailing Background and Purpose and users of the waterway. Persons and address, an e-mail address, or a phone vessels are prohibited from entering Southern California Speedboat Club is number in the body of your document into, transiting through, or anchoring sponsoring the Bluewater Resort and within this safety zone unless so that we can contact you if we have Casino Annual Thanksgiving Regatta. authorized by the Captain of the Port, or questions regarding your submission. The event is a circle boat race consisting his designated representative. You may submit your comments and of 85 powerboats ranging from 12 to 22 material by electronic means, mail, fax, DATES: Comments and related material feet in length. The sponsor will provide or delivery to the Docket Management must reach the Coast Guard on or before two water rescue boats and two patrol Facility at the address under ADDRESSES; July 11, 2008. boats for this event. This safety zone is but please submit your comments and necessary to provide for the safety of the ADDRESSES: You may submit comments material by only one means. If you participants, crew, spectators, sponsor identified by Coast Guard docket submit them by mail or delivery, submit vessels, and other users of the number USCG–2008–0246 to the Docket them in an unbound format, no larger waterway. Management Facility at the U.S. than 81⁄2 by 11 inches, suitable for Department of Transportation. To avoid Discussion of Proposed Rule copying and electronic filing. If you duplication, please use only one of the submit them by mail and would like to The Coast Guard proposes a safety following methods: zone that would be enforced from 6 a.m. (1) Online: http:// know that they reached the Facility, please enclose a stamped, self-addressed on November 28, 2008 to 6 p.m. on www.regulations.gov. November 30, 2008. The limits of the (2) Mail: Docket Management Facility postcard or envelope. We will consider all comments and material received safety zone would be as follows: The (M–30), U.S. Department of ° ° during the comment period. We may Headgate Dam at 34 10.19 N, 114 16.26 Transportation, West Building Ground ° change this proposed rule in view of W following the river east to 34 10.30 N, Floor, Room W12–140, 1200 New Jersey ° them. 114 15.72 W. Avenue, SE., Washington, DC 20590– This safety zone is necessary to 0001. Viewing Comments and Documents provide for the safety of the crews, (3) Hand delivery: Room W12–140 on spectators, and participants of the event the Ground Floor of the West Building, To view comments, as well as and to protect other vessels and users of 1200 New Jersey Avenue, SE., documents mentioned in this preamble the waterway. Persons and vessels will Washington, DC 20590, between 9 a.m. as being available in the docket, go to be prohibited from entering into, and 5 p.m., Monday through Friday, http://www.regulations.gov at any time. transiting through, or anchoring within except Federal holidays. The telephone Enter the docket number for this this safety zone unless authorized by the number is 202–366–9329. rulemaking (USCG–2008–0246) in the Captain of the Port or his designated (4) Fax: 202–493–2251. Search box, and click ‘‘Go >>.’’ You may representative. FOR FURTHER INFORMATION CONTACT: If also visit either the Docket Management you have questions on this proposed Facility in Room W12–140 on the Regulatory Evaluation rule, call Petty Officer Kristen Beer, ground floor of the DOT West Building, This proposed rule is not a USCG, Waterways Management, U.S. 1200 New Jersey Avenue, SE., ‘‘significant regulatory action’’ under Coast Guard Sector San Diego at (619) Washington, DC 20590, between 9 a.m. section 3(f) of Executive Order 12866, 278–2733. If you have questions on and 5 p.m., Monday through Friday, Regulatory Planning and Review, and viewing or submitting material to the except Federal holidays; or the U.S. does not require an assessment of docket, call Renee V. Wright, Program Coast Guard Sector San Diego, 2710 N. potential costs and benefits under Manager, Docket Operations, telephone Harbor Drive, San Diego, CA 92101 section 6(a)(3) of that Order. The Office 202–366–9826. between 8 a.m. and 3 p.m., Monday of Management and Budget has not SUPPLEMENTARY INFORMATION: through Friday, except Federal holidays. reviewed it under that Order.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33029

We expect the economic impact of understanding this proposed rule so that Protection of Children from this proposed rule to be so minimal that they can better evaluate its effects on Environmental Health Risks and Safety a full Regulatory Evaluation is them and participate in the rulemaking. Risks. This rule is not an economically unnecessary. If the rule would affect your small significant rule and would not create an This determination is based on the business, organization, or governmental environmental risk to health or risk to size and location of the safety zone. jurisdiction and you have questions safety that might disproportionately Commercial vessels will not be concerning its provisions or options for affect children. hindered by the safety zone. compliance, please contact Petty Officer Indian Tribal Governments Recreational vessels will not be allowed Kristen Beer, USCG, Waterways to transit through the designated safety Management, U.S. Coast Guard Sector This proposed rule does not have zone during the specified times. San Diego at (619) 278–7233. The Coast tribal implications under Executive Order 13175, Consultation and Small Entities Guard will not retaliate against small entities that question or complain about Coordination with Indian Tribal Under the Regulatory Flexibility Act this rule or any policy or action of the Governments, because it would not have (5 U.S.C. 601–612), we have considered Coast Guard. a substantial direct effect on one or whether this proposed rule would have more Indian tribes, on the relationship a significant economic impact on a Collection of Information between the Federal Government and substantial number of small entities. This proposed rule would call for no Indian tribes, or on the distribution of The term ‘‘small entities’’ comprises new collection of information under the power and responsibilities between the small businesses, not-for-profit Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. organizations that are independently U.S.C. 3501–3520.). owned and operated and are not Energy Effects dominant in their fields, and Federalism We have analyzed this proposed rule governmental jurisdictions with A rule has implications for federalism under Executive Order 13211, Actions populations of less than 50,000. under Executive Order 13132, Concerning Regulations That The Coast Guard certifies under 5 Federalism, if it has a substantial direct Significantly Affect Energy Supply, U.S.C. 605(b) that this proposed rule effect on State or local governments and Distribution, or Use. We have would not have a significant economic would either preempt State law or determined that it is not a ‘‘significant impact on a substantial number of small impose a substantial direct cost of energy action’’ under that order because entities. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ This proposed rule would affect the this proposed rule under that Order and under Executive Order 12866 and is not following entities, some of which might have determined that it does not have likely to have a significant adverse effect be small entities: The owners or implications for federalism. on the supply, distribution, or use of operators of vessels intending to transit energy. The Administrator of the Office or anchor in the region of Lake Unfunded Mandates Reform Act of Information and Regulatory Affairs Moolvalya on the lower Colorado River The Unfunded Mandates Reform Act has not designated it as a significant from 6 a.m. on November 28, 2008 to 6 of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not p.m. on November 30, 2008. Federal agencies to assess the effects of require a Statement of Energy Effects This safety zone would not have a their discretionary regulatory actions. In under Executive Order 13211. significant economic impact on a particular, the Act addresses actions Technical Standards substantial number of small entities for that may result in the expenditure by a the following reasons. This rule would State, local, or tribal government, in the The National Technology Transfer be in effect for twelve hours for a period aggregate, or by the private sector of and Advancement Act (NTTAA) (15 of 3 days. Although the safety zone $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use would apply to the entire width of the Though this proposed rule would not voluntary consensus standards in their river, traffic would be allowed to pass result in such an expenditure, we do regulatory activities unless the agency through the zone with the permission of discuss the effects of this rule elsewhere provides Congress, through the Office of the Coast Guard patrol commander. in this preamble. Management and Budget, with an Before the effective period, we will explanation of why using these publish a local notice to mariners (LNM) Taking of Private Property standards would be inconsistent with and will issue broadcast notice to This proposed rule would not effect a applicable law or otherwise impractical. mariners (BNM) alerts via marine taking of private property or otherwise Voluntary consensus standards are channel 16 VFH before the safety zone have taking implications under technical standards (e.g., specifications is enforced. Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this rule would have a adopted by voluntary consensus Civil Justice Reform significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable This proposed rule does not use ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did qualifies and how and to what degree Executive Order 12988, Civil Justice not consider the use of voluntary this rule would economically affect it. Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce Environment Assistance for Small Entities burden. Under section 213(a) of the Small We have analyzed this proposed rule Business Regulatory Enforcement Protection of Children under Commandant Instruction Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule M16475.lD which guides the Coast we want to assist small entities in under Executive Order 13045, Guard in complying with the National

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33030 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

Environmental Policy Act of 1969 the Captain of the Port of San Diego or (2) Mail: Docket Management Facility (NEPA) (42 U.S.C. 4321–4370f), and his designated on-scene representative. (M–30), U.S. Department of have made a preliminary determination (2) Mariners requesting permission to Transportation, West Building Ground that this action is not likely to have a transit through the safety zone may Floor, Room W12–140, 1200 New Jersey significant effect on the human request authorization to do so from the Avenue, SE., Washington, DC 20590– environment. A preliminary Patrol Commander (PATCOM). The 0001. ‘‘Environmental Analysis Check List’’ PATCOM may be contacted on VHF–FM (3) Hand delivery: Room W12–140 on supporting this preliminary Channel 16. the Ground Floor of the West Building, determination is available in the docket (3) All persons and vessels shall 1200 New Jersey Avenue, SE., where indicated under ADDRESSES. We comply with the instructions of the Washington, DC 20590, between 9 a.m. seek any comments or information that Coast Guard Captain of the Port or the and 5 p.m., Monday through Friday, may lead to the discovery of a designated representative. except Federal holidays. The telephone significant environmental impact from (4) Upon being hailed by U.S. Coast number is 202–366–9329. this proposed rule. Guard patrol personnel by siren, radio, (4) Fax: 202–493–2251. flashing light, or other means, the List of Subjects in 33 CFR Part 165 FOR FURTHER INFORMATION CONTACT: If operator of a vessel shall proceed as you have questions on this proposed Harbors, Marine safety, Navigation directed. rule, call Petty Officer Kristen Beer, (water), Reporting and recordkeeping (5) The Coast Guard may be assisted USCG, Waterways Management, U.S. requirements, Security measures, and by other federal, state, or local agencies. Coast Guard Sector San Diego at (619) Waterways. Dated: May 22, 2008. 278–2733. If you have questions on Words of Issuance and Proposed C.V. Strangfeld, viewing or submitting material to the Regulatory Text Captain, U.S. Coast Guard, Captain of the docket, call Renee V. Wright, Program For the reasons discussed in the Port Sector San Diego. Manager, Docket Operations, telephone preamble, the Coast Guard proposes to [FR Doc. E8–13142 Filed 6–10–08; 8:45 am] 202–366–9826. amend 33 CFR part 165 as follows: BILLING CODE 4910–15–P SUPPLEMENTARY INFORMATION: PART 165—REGULATED NAVIGATION Public Participation and Request for AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND Comments SECURITY We encourage you to participate in 1. The authority citation for part 165 this rulemaking by submitting continues to read as follows: Coast Guard comments and related materials. All Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. comments received will be posted, Chapter 701; 50 U.S.C. 191, 195; 33 CFR 33 CFR Part 165 without change, to http:// 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. www.regulations.gov and will include 107–295, 116 Stat. 2064; Department of [Docket No. USCG–2008–0320] any personal information you have Homeland Security Delegation No. 0170.1. RIN 1625–AA00 provided. We have an agreement with 2. Add a new temporary safety zone the Department of Transportation (DOT) § 165.T11–034. Safety Zone; IJSBA World Finals; Colorado River, Lake Havasu City, AZ to use the Docket Management Facility. § 165.T11–034 Safety zone; BWRC Annual Please see DOT’s ‘‘Privacy Act’’ Thanksgiving Regatta; Lake Moolvalya, AGENCY: Coast Guard, DHS. paragraph below. Parker, AZ. ACTION: Notice of proposed rulemaking. Submitting Comments (a) Location. The limits of the SUMMARY: The Coast Guard proposes a proposed safety zone are as follows: The If you submit a comment, please safety zone, on the navigable waters of Headgate Dam at 34°10.19 N, 114°16.26 include the docket number for this Lake Havasu on the lower Colorado W following the river east to 34°10.30 N, rulemaking (USCG–2008–0320), River in support of the IJSBA World 114°15.72 W. indicate the specific section of this (b) Enforcement Period. This section Finals. This safety zone is necessary to document to which each comment will be enforced from 6 a.m. to 6 p.m. provide for the safety of the applies, and give the reason for each on November 28, 2008 through participants, crew, spectators, comment. We recommend that you November 30, 2008. If the event participating vessels, and other vessels include your name and a mailing concludes prior to the scheduled and users of the waterway. Persons and address, an e-mail address, or a phone termination time, the Captain of the Port vessels are prohibited from entering number in the body of your document will cease enforcement of this safety into, transiting through, or anchoring so that we can contact you if we have zone and will announce that fact via within this safety zone unless questions regarding your submission. Broadcast Notice to Mariners. authorized by the Captain of the Port, or You may submit your comments and (c) Definitions. The following his designated representative. material by electronic means, mail, fax, definition applies to this section: DATES: Comments and related material or delivery to the Docket Management designated representative, means any must reach the Coast Guard on or before Facility at the address under ADDRESSES; commissioned, warrant, and petty July 11, 2008. but please submit your comments and officers of the Coast Guard on board ADDRESSES: You may submit comments material by only one means. If you Coast Guard, Coast Guard Auxiliary, identified by Coast Guard docket submit them by mail or delivery, submit and local, state, and federal law number USCG–2008–0320 to the Docket them in an unbound format, no larger enforcement vessels who have been Management Facility at the U.S. than 81⁄2 by 11 inches, suitable for authorized to act on the behalf of the Department of Transportation. To avoid copying and electronic filing. If you Captain of the Port. duplication, please use only one of the submit them by mail and would like to (d) Regulations. (1) Entry into, transit following methods: know that they reached the Facility, through or anchoring within this safety (1) Online: http:// please enclose a stamped, self-addressed zone is prohibited unless authorized by www.regulations.gov. postcard or envelope. We will consider

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33031

all comments and material received 12, 2008. The limits of the safety zone This safety zone would not have a during the comment period. We may would be as follows: the London Bridge significant economic impact on a change this proposed rule in view of channel at 34°28.49 N, 114°21.33 W, substantial number of small entities for them. then northwest to 34°28.52 N, 114°21.46 the following reasons. This rule would W, then southwest to 34°28.44 N, be in effect for twelve hours for a period Viewing Comments and Documents 114°21.73 W, then south to 34°28.30 N, of 9 days. Vessel traffic could pass To view comments, as well as 114°21.69 W, and finally following the safely around the safety zone. Before the documents mentioned in this preamble shoreline east and north to 34°28.49 N, effective period, we will publish a local as being available in the docket, go to 114°21.33 W. notice to mariners (LNM) and will issue http://www.regulations.gov at any time. This safety zone is necessary to broadcast notice to mariners (BNM) Enter the docket number for this provide for the safety of the crews, alerts via marine channel 16 VFH before rulemaking (USCG–2008–0320) in the spectators, and participants of the event the safety zone is enforced. Search box, and click ‘‘Go >>.’’ You may and to protect other vessels and users of If you think that your business, also visit either the Docket Management the waterway. Persons and vessels will organization, or governmental Facility in Room W12–140 on the be prohibited from entering into, jurisdiction qualifies as a small entity ground floor of the DOT West Building, transiting through, or anchoring within and that this rule would have a 1200 New Jersey Avenue, SE., this safety zone unless authorized by the significant economic impact on it, Washington, DC 20590, between 9 a.m. Captain of the Port, or his designated please submit a comment (see and 5 p.m., Monday through Friday, representative. ADDRESSES) explaining why you think it except Federal holidays; or the U.S. qualifies and how and to what degree Coast Guard Sector San Diego, 2710 N. Regulatory Evaluation this rule would economically affect it. Harbor Drive, San Diego, CA 92101 This proposed rule is not a Assistance for Small Entities between 8 a.m. and 3 p.m., Monday ‘‘significant regulatory action’’ under through Friday, except Federal holidays. section 3(f) of Executive Order 12866, Under section 213(a) of the Small Business Regulatory Enforcement Privacy Act Regulatory Planning and Review, and does not require an assessment of Fairness Act of 1996 (Pub. L. 104–121), Anyone can search the electronic potential costs and benefits under we want to assist small entities in form of all comments received into any section 6(a)(3) of that Order. The Office understanding this proposed rule so that of our dockets by the name of the of Management and Budget has not they can better evaluate its effects on individual submitting the comment (or reviewed it under that Order. them and participate in the rulemaking. signing the comment, if submitted on We expect the economic impact of If the rule would affect your small behalf of an association, business, labor this proposed rule to be so minimal that business, organization, or governmental union, etc.). You may review the a full Regulatory Evaluation is jurisdiction and you have questions Department of Transportation’s Privacy unnecessary. concerning its provisions or options for Act Statement in the Federal Register This determination is based on the compliance, please contact Petty Officer published on April 11, 2000 (65 FR size and location of the safety zone. Kristen Beer, USCG, Waterways 19477), or you may visit http:// Commercial vessels will not be Management, U.S. Coast Guard Sector DocketsInfo.dot.gov. hindered by the safety zone. San Diego at (619) 278–7233. The Coast Public Meeting Recreational vessels will not be allowed Guard will not retaliate against small entities that question or complain about We do not now plan to hold a public to transit through the designated safety zone during the specified times. this rule or any policy or action of the meeting. But you may submit a request Coast Guard. for one to the Docket Management Small Entities Facility at the address under ADDRESSES Collection of Information Under the Regulatory Flexibility Act explaining why one would be This proposed rule would call for no (5 U.S.C. 601–612), we have considered beneficial. If we determine that one new collection of information under the whether this proposed rule would have would aid this rulemaking, we will hold Paperwork Reduction Act of 1995 (44 a significant economic impact on a one at a time and place announced by U.S.C. 3501–3520). a later notice in the Federal Register. substantial number of small entities. The term ‘‘small entities’’ comprises Federalism Background and Purpose small businesses, not-for-profit A rule has implications for federalism The International Jet Sports Boating organizations that are independently under Executive Order 13132, Association is sponsoring the IJSBA owned and operated and are not Federalism, if it has a substantial direct World Finals. The event is a circle race dominant in their fields, and effect on State or local governments and consisting of 300–500 personal water governmental jurisdictions with would either preempt State law or craft up to 12 feet in length. The sponsor populations of less than 50,000. impose a substantial direct cost of will provide four to five course marshal The Coast Guard certifies under 5 compliance on them. We have analyzed and safety rescue vessels and four to U.S.C. 605(b) that this proposed rule this proposed rule under that Order and five perimeter patrol and safety boats for would not have a significant economic have determined that it does not have this event. This safety zone is necessary impact on a substantial number of small implications for federalism. to provide for the safety of the entities. Unfunded Mandates Reform Act participants, crew, spectators, sponsor This proposed rule would affect the vessels, and other users of the following entities, some of which might The Unfunded Mandates Reform Act waterway. be small entities: The owners or of 1995 (2 U.S.C. 1531–1538) requires operators of vessels intending to transit Federal agencies to assess the effects of Discussion of Proposed Rule or anchor in the region of Lake Havasu their discretionary regulatory actions. In The Coast Guard proposes a safety on the lower Colorado River from 6 a.m. particular, the Act addresses actions zone that would be enforced from 6 a.m. on October 4, 2008 to 6 p.m. on October that may result in the expenditure by a on October 4, 2008 to 6 p.m. on October 12, 2008. State, local, or tribal government, in the

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33032 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

aggregate, or by the private sector of Technical Standards 2. Add a new temporary safety zone $100,000,000 or more in any one year. The National Technology Transfer § 165.T11–035. Though this proposed rule would not and Advancement Act (NTTAA) (15 § 165.T11–035 Safety zone; IJSBA World result in such an expenditure, we do U.S.C. 272 note) directs agencies to use discuss the effects of this rule elsewhere Finals; Colorado River, Lake Havasu City, voluntary consensus standards in their AZ. in this preamble. regulatory activities unless the agency Taking of Private Property provides Congress, through the Office of (a) Location. The limits of the Management and Budget, with an proposed safety zone are as follows: The This proposed rule would not effect a explanation of why using these London Bridge channel at 34°28.49 N, taking of private property or otherwise standards would be inconsistent with 114°21.33 W, then northwest to have taking implications under applicable law or otherwise impractical. 34°28.52 N, 114°21.46 W, then Executive Order 12630, Governmental Voluntary consensus standards are southwest to 34°28.44 N, 114°21.73 W, Actions and Interference with technical standards (e.g., specifications then south to 34°28.30 N, 114°21.69 W, Constitutionally Protected Property of materials, performance, design, or and finally following the shoreline east Rights. operation; test methods; sampling and north to 34°28.49 N, 114°21.33 W. Civil Justice Reform procedures; and related management (b) Enforcement Period. This section This proposed rule meets applicable systems practices) that are developed or will be enforced from 6 a.m. to 6 p.m. standards in sections 3(a) and 3(b)(2) of adopted by voluntary consensus on October 4, 2008 through October 12, Executive Order 12988, Civil Justice standards bodies. 2008. If the event concludes prior to the Reform, to minimize litigation, This proposed rule does not use scheduled termination time, the Captain eliminate ambiguity, and reduce technical standards. Therefore, we did of the Port will cease enforcement of burden. not consider the use of voluntary this safety zone and will announce that consensus standards. fact via Broadcast Notice to Mariners. Protection of Children Environment (c) Definitions. The following We have analyzed this proposed rule under Executive Order 13045, We have analyzed this proposed rule definition applies to this section: Protection of Children from under Commandant Instruction Designated representative means any Environmental Health Risks and Safety M16475.1D, which guides the Coast commissioned, warrant, and petty Risks. This rule is not an economically Guard in complying with the National officers of the Coast Guard on board significant rule and would not create an Environmental Policy Act of 1969 Coast Guard, Coast Guard Auxiliary, environmental risk to health or risk to (NEPA) (42 U.S.C. 4321–4370f), and and local, state, and federal law safety that might disproportionately have made a preliminary determination enforcement vessels who have been affect children. that this action is not likely to have a authorized to act on the behalf of the significant effect on the human Captain of the Port. Indian Tribal Governments environment. A preliminary (d) Regulations. (1) Entry into, transit ‘‘Environmental Analysis Check List’’ This proposed rule does not have through or anchoring within this safety supporting this preliminary tribal implications under Executive zone is prohibited unless authorized by determination is available in the docket Order 13175, Consultation and the Captain of the Port of San Diego or where indicated under ADDRESSES. We Coordination with Indian Tribal his designated on-scene representative. Governments, because it would not have seek any comments or information that a substantial direct effect on one or may lead to the discovery of a (2) Mariners requesting permission to more Indian tribes, on the relationship significant environmental impact from transit through the safety zone may between the Federal Government and this proposed rule. request authorization to do so from the Patrol Commander (PATCOM). The Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 165 power and responsibilities between the PATCOM may be contacted on VHF–FM Federal Government and Indian tribes. Harbors, Marine safety, Navigation Channel 16. (water), Reporting and recordkeeping (3) All persons and vessels shall Energy Effects requirements, Security measures, and comply with the instructions of the We have analyzed this proposed rule Waterways. Coast Guard Captain of the Port or the under Executive Order 13211, Actions Words of Issuance and Proposed designated representative. Concerning Regulations That Regulatory Text (4) Upon being hailed by U.S. Coast Significantly Affect Energy Supply, Distribution, or Use. We have For the reasons discussed in the Guard patrol personnel by siren, radio, determined that it is not a ‘‘significant preamble, the Coast Guard proposes to flashing light, or other means, the energy action’’ under that order because amend 33 CFR part 165 as follows: operator of a vessel shall proceed as directed. it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION (5) The Coast Guard may be assisted under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS likely to have a significant adverse effect by other federal, state, or local agencies. on the supply, distribution, or use of 1. The authority citation for part 165 Dated: May 22, 2008. energy. The Administrator of the Office continues to read as follows: C.V. Strangfeld, of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Captain, U.S. Coast Guard, Captain of the has not designated it as a significant Chapter 701; 50 U.S.C. 191, 195; 33 CFR Port, Sector San Diego. energy action. Therefore, it does not 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. require a Statement of Energy Effects 107–295, 116 Stat. 2064; Department of [FR Doc. E8–13123 Filed 6–10–08; 8:45 am] under Executive Order 13211. Homeland Security Delegation No. 0170.1. BILLING CODE 4910–15–P

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33033

DEPARTMENT OF HOMELAND Public Participation and Request for Privacy Act SECURITY Comments Anyone can search the electronic We encourage you to participate in form of all comments received into any Coast Guard of our dockets by the name of the this rulemaking by submitting individual submitting the comment (or comments and related materials. All 33 CFR Part 165 signing the comment, if submitted on comments received will be posted, [Docket No. USCG–2008–0245] behalf of an association, business, labor without change, to http:// union, etc.). You may review the RIN 1625–AA00 www.regulations.gov and will include Department of Transportation’s Privacy any personal information you have Act Statement in the Federal Register Safety Zone; BWRC ‘300’ Enduro; Lake provided. We have an agreement with published on April 11, 2000 (65 FR Moolvalya, Parker, AZ the Department of Transportation (DOT) 19477), or you may visit http:// to use the Docket Management Facility. AGENCY: Coast Guard, DHS. DocketsInfo.dot.gov. Please see DOT’s ‘‘Privacy Act’’ ACTION: Notice of proposed rulemaking. paragraph below. Public meeting We do not now plan to hold a public SUMMARY: The Coast Guard proposes a Submitting Comments safety zone, on the navigable waters of meeting. But you may submit a request Lake Moolvalya region on the lower If you submit a comment, please for one to the Docket Management ADDRESSES Colorado River in support of the include the docket number for this Facility at the address under Bluewater Resort and Casino ‘300’ rulemaking (USCG–2008–0245), explaining why one would be Enduro. This safety zone is necessary to indicate the specific section of this beneficial. If we determine that one provide for the safety of the document to which each comment would aid this rulemaking, we will hold one at a time and place announced by participants, crew, spectators, applies, and give the reason for each a later notice in the Federal Register. participating vessels, and other vessels comment. We recommend that you and users of the waterway. Persons and include your name and a mailing Background and Purpose vessels are prohibited from entering address, an e-mail address, or a phone RPM Racing Enterprises is sponsoring into, transiting through, or anchoring number in the body of your document the Bluewater Resort and Casino ‘300’ within this safety zone unless so that we can contact you if we have Enduro. The event is a closed boat authorized by the Captain of the Port, or questions regarding your submission. endurance race consisting of 30 to 50 his designated representative. You may submit your comments and powerboats ranging from 16 to 26 feet in DATES: Comments and related material material by electronic means, mail, fax, length. The sponsor will provide four must reach the Coast Guard on or before or delivery to the Docket Management water rescue boats and eight patrol boats July 11, 2008. Facility at the address under ADDRESSES; for this event. This safety zone is ADDRESSES: You may submit comments but please submit your comments and necessary to provide for the safety of the identified by Coast Guard docket material by only one means. If you participants, crew, spectators, sponsor number USCG–2008–0245 to the Docket submit them by mail or delivery, submit vessels, and other users of the Management Facility at the U.S. them in an unbound format, no larger waterway. than 81⁄2 by 11 inches, suitable for Department of Transportation. To avoid Discussion of Proposed Rule duplication, please use only one of the copying and electronic filing. If you following methods: submit them by mail and would like to The Coast Guard proposes a safety (1) Online: http:// know that they reached the Facility, zone that would be enforced from 6 a.m. www.regulations.gov. please enclose a stamped, self-addressed on October 24, 2008 to 6 p.m. on (2) Mail: Docket Management Facility postcard or envelope. We will consider October 26, 2008. The limits of the (M–30), U.S. Department of all comments and material received safety zone would be as follows: The ° ° Transportation, West Building Ground during the comment period. We may Headgate Dam at 34 11.20 N, 114 13.74 Floor, Room W12–140, 1200 New Jersey change this proposed rule in view of W following the river northeast to ° ° Avenue, SE., Washington, DC 20590– them. 34 10.10 N, 114 16.61 W. 0001. This safety zone is necessary to Viewing Comments and Documents (3) Hand delivery: Room W12–140 on provide for the safety of the crews, the Ground Floor of the West Building, spectators, and participants of the event To view comments, as well as and to protect other vessels and users of 1200 New Jersey Avenue, SE., documents mentioned in this preamble Washington, DC 20590, between 9 a.m. the waterway. Persons and vessels will as being available in the docket, go to be prohibited from entering into, and 5 p.m., Monday through Friday, http://www.regulations.gov at any time. except Federal holidays. The telephone transiting through, or anchoring within Enter the docket number for this this safety zone unless authorized by the number is 202–366–9329. rulemaking (USCG–2008–0245) in the (4) Fax: 202–493–2251. Captain of the Port, or his designated Search box, and click ‘‘Go >>.’’ You may representative. FOR FURTHER INFORMATION CONTACT: If also visit either the Docket Management you have questions on this proposed Facility in Room W12–140 on the Regulatory Evaluation rule, call Petty Officer Kristen Beer, ground floor of the DOT West Building, This proposed rule is not a USCG, Waterways Management, U.S. 1200 New Jersey Avenue, SE., ‘‘significant regulatory action’’ under Coast Guard Sector San Diego at (619) Washington, DC 20590, between 9 a.m. section 3(f) of Executive Order 12866, 278–2733. If you have questions on and 5 p.m., Monday through Friday, Regulatory Planning and Review, and viewing or submitting material to the except Federal holidays; or the U.S. does not require an assessment of docket, call Renee V. Wright, Program Coast Guard Sector San Diego, 2710 N. potential costs and benefits under Manager, Docket Operations, telephone Harbor Drive, San Diego, CA 92101 section 6(a)(3) of that Order. The Office 202–366–9826. between 8 a.m. and 3 p.m., Monday of Management and Budget has not SUPPLEMENTARY INFORMATION: through Friday, except Federal holidays. reviewed it under that Order.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33034 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

We expect the economic impact of understanding this proposed rule so that Protection of Children from this proposed rule to be so minimal that they can better evaluate its effects on Environmental Health Risks and Safety a full Regulatory Evaluation is them and participate in the rulemaking. Risks. This rule is not an economically unnecessary. If the rule would affect your small significant rule and would not create an This determination is based on the business, organization, or governmental environmental risk to health or risk to size and location of the safety zone. jurisdiction and you have questions safety that might disproportionately Commercial vessels will not be concerning its provisions or options for affect children. hindered by the safety zone. compliance, please contact Petty Officer Indian Tribal Governments Recreational vessels will not be allowed Kristen Beer, USCG, Waterways to transit through the designated safety Management, U.S. Coast Guard Sector This proposed rule does not have zone during the specified times. San Diego at (619) 278–7233. The Coast tribal implications under Executive Order 13175, Consultation and Small Entities Guard will not retaliate against small entities that question or complain about Coordination with Indian Tribal Under the Regulatory Flexibility Act this rule or any policy or action of the Governments, because it would not have (5 U.S.C. 601–612), we have considered Coast Guard. a substantial direct effect on one or whether this proposed rule would have more Indian tribes, on the relationship a significant economic impact on a Collection of Information between the Federal Government and substantial number of small entities. This proposed rule would call for no Indian tribes, or on the distribution of The term ‘‘small entities’’ comprises new collection of information under the power and responsibilities between the small businesses, not-for-profit Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. organizations that are independently U.S.C. 3501–3520). owned and operated and are not Energy Effects dominant in their fields, and Federalism We have analyzed this proposed rule governmental jurisdictions with A rule has implications for federalism under Executive Order 13211, Actions populations of less than 50,000. under Executive Order 13132, Concerning Regulations That The Coast Guard certifies under 5 Federalism, if it has a substantial direct Significantly Affect Energy Supply, U.S.C. 605(b) that this proposed rule effect on State or local governments and Distribution, or Use. We have would not have a significant economic would either preempt State law or determined that it is not a ‘‘significant impact on a substantial number of small impose a substantial direct cost of energy action’’ under that order because entities. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ This proposed rule would affect the this proposed rule under that Order and under Executive Order 12866 and is not following entities, some of which might have determined that it does not have likely to have a significant adverse effect be small entities: The owners or implications for federalism. on the supply, distribution, or use of operators of vessels intending to transit energy. The Administrator of the Office or anchor in the region of Lake Unfunded Mandates Reform Act of Information and Regulatory Affairs Moolvalya on the lower Colorado River The Unfunded Mandates Reform Act has not designated it as a significant from 6 a.m. on October 24, 2008 to 6 of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not p.m. on October 26, 2008. Federal agencies to assess the effects of require a Statement of Energy Effects This safety zone would not have a their discretionary regulatory actions. In under Executive Order 13211. significant economic impact on a particular, the Act addresses actions Technical Standards substantial number of small entities for that may result in the expenditure by a the following reasons. This rule would State, local, or tribal government, in the The National Technology Transfer be in effect for twelve hours for a period aggregate, or by the private sector of and Advancement Act (NTTAA) (15 of 3 days. Although the safety zone $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use would apply to the entire width of the Though this proposed rule would not voluntary consensus standards in their river, traffic would be allowed to pass result in such an expenditure, we do regulatory activities unless the agency through the zone with the permission of discuss the effects of this rule elsewhere provides Congress, through the Office of the Coast Guard patrol commander. in this preamble. Management and Budget, with an Before the effective period, we will explanation of why using these publish a local notice to mariners (LNM) Taking of Private Property standards would be inconsistent with and will issue broadcast notice to This proposed rule would not effect a applicable law or otherwise impractical. mariners (BNM) alerts via marine taking of private property or otherwise Voluntary consensus standards are channel 16 VFH before the safety zone have taking implications under technical standards (e.g., specifications is enforced. Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this rule would have a adopted by voluntary consensus Civil Justice Reform significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable This proposed rule does not use ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did qualifies and how and to what degree Executive Order 12988, Civil Justice not consider the use of voluntary this rule would economically affect it. Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce Environment Assistance for Small Entities burden. Under section 213(a) of the Small We have analyzed this proposed rule Business Regulatory Enforcement Protection of Children under Commandant Instruction Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule M16475.lD which guides the Coast we want to assist small entities in under Executive Order 13045, Guard in complying with the National

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33035

Environmental Policy Act of 1969 (2) Mariners requesting permission to number EPA–HQ–OPP–2005-0327, by (NEPA) (42 U.S.C. 4321–4370f), and transit through the safety zone may one of the following methods: have made a preliminary determination request authorization to do so from the • Federal eRulemaking Portal: http:// that this action is not likely to have a Patrol Commander (PATCOM). The www.regulations.gov. Follow the on-line significant effect on the human PATCOM may be contacted on VHF–FM instructions for submitting comments. environment. A preliminary Channel 16. • Mail: Office of Pesticide Programs ‘‘Environmental Analysis Check List’’ (3) All persons and vessels shall (OPP) Regulatory Public Docket (7502P), supporting this preliminary comply with the instructions of the Environmental Protection Agency, 1200 determination is available in the docket Coast Guard Captain of the Port or the Pennsylvania Ave., NW., Washington, where indicated under ADDRESSES. We designated representative. DC 20460–0001. • seek any comments or information that (4) Upon being hailed by U.S. Coast Delivery: OPP Regulatory Public may lead to the discovery of a Guard patrol personnel by siren, radio, Docket (7502P), Environmental significant environmental impact from flashing light, or other means, the Protection Agency, Rm. S–4400, One this proposed rule. operator of a vessel shall proceed as Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries List of Subjects in 33 CFR Part 165 directed. (5) The Coast Guard may be assisted are only accepted during the Docket’s Harbors, Marine safety, Navigation by other federal, state, or local agencies. normal hours of operation (8:30 a.m. to (water), Reporting and recordkeeping 4 p.m., Monday through Friday, requirements, Security measures, and Dated: May 22, 2008. excluding legal holidays). Special Waterways. C.V. Strangfeld, arrangements should be made for Captain, U.S. Coast Guard, Captain of the deliveries of boxed information. The Words of Issuance and Proposed Port Sector San Diego. Docket Facility telephone number is Regulatory Text [FR Doc. E8–13146 Filed 6–10–08; 8:45 am] (703) 305–5805. For the reasons discussed in the BILLING CODE 4910–15–P Instructions: Direct your comments to preamble, the Coast Guard proposes to docket ID number EPA–HQ–OPP–2005- amend 33 CFR part 165 as follows: 0327. EPA’s policy is that all comments ENVIRONMENTAL PROTECTION received will be included in the docket PART 165—REGULATED NAVIGATION AGENCY without change and may be made AREAS AND LIMITED ACCESS AREAS available on-line at http:// 1. The authority citation for part 165 40 CFR Parts 152, 156 and 165 www.regulations.gov, including any continues to read as follows: personal information provided, unless [EPA–HQ–OPP–2005–0327; FRL–8358–1] the comment includes information Authority: 33 U.S.C. 122, 1231; 46 U.S.C. RIN A2070–AJ37 claimed to be Confidential Business Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. Information (CBI) or other information 107–295, 116 Stat. 2064; Department of Pesticide Management and Disposal; whose disclosure is restricted by statute. Homeland Security Delegation No. 0170.1. Standards for Pesticide Containers Do not submit information that you and Containment: Proposed consider to be CBI or otherwise 2. Add a new temporary safety zone Amendments protected through regulations.gov or e- § 165.T11–033. mail. The regulations.gov website is an AGENCY: Environmental Protection § 165.T11–033 Safety zone; BWRC ‘300’ ‘‘anonymous access’’ system, which Agency (EPA). Enduro; Lake Moolvalya, Parker, AZ. means EPA will not know your identity (a) Location. The limits of the ACTION: Proposed rule. or contact information unless you provide it in the body of your comment. proposed safety zone are as follows: The SUMMARY: EPA is proposing to amend ° ° If you send an e-mail comment directly Headgate Dam at 34 11.20 N, 114 13.74 the container and containment to EPA without going through W following the river northeast to regulations to provide a 1–year ° ° regulations.gov, your e-mail address 34 10.10 N, 114 16.61 W. extension of the labeling compliance will be automatically captured and (b) Enforcement Period. This section date from August 17, 2009 to August 17, included as part of the comment that is will be enforced from 6 a.m. to 6 p.m. 2010; to change the phrase ‘‘sold or placed in the docket and made available on October 24, 2008 through October 26, distributed’’ to ‘‘released for shipment’’ on the Internet. If you submit an 2008. If the event concludes prior to the as associated with all of the compliance electronic comment, EPA recommends scheduled termination time, the Captain dates; to provide for exceptions to the that you include your name and other of the Port will cease enforcement of language requirements for some specific contact information in the body of your this safety zone and will announce that nonrefillable packages; to allow for comment and with any disk or CD-ROM fact via Broadcast Notice to Mariners. waivers of certain label requirements for (c) Definitions. The following you submit. If EPA cannot read your other refillable and nonrefillable definition applies to this section: comment due to technical difficulties containers on a case-by-case basis; and Designated representative means any and cannot contact you for clarification, to correct typographical and other minor commissioned, warrant, and petty EPA may not be able to consider your errors. In addition, the Agency is officers of the Coast Guard on board comment. Electronic files should avoid proposing to amend the definitions in Coast Guard, Coast Guard Auxiliary, the use of special characters, any form 40 CFR part 152 to establish a definition and local, state, and federal law of encryption, and be free of any defects of ‘‘released for shipment.’’ These enforcement vessels who have been or viruses. changes are being proposed to address authorized to act on the behalf of the Docket: All documents in the docket concerns raised by stakeholders and as Captain of the Port. are listed in the docket index available (d) Regulations. (1) Entry into, transit a result of further Agency consideration. in regulations.gov. Although listed in through or anchoring within this safety DATES: Comments must be received on the index, some information is not zone is prohibited unless authorized by or before July 11, 2008. publicly available, e.g., CBI or other the Captain of the Port of San Diego or ADDRESSES: Submit your comments, information whose disclosure is his designated on-scene representative. identified by docket identification (ID) restricted by statute. Certain other

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33036 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

material, such as copyrighted material, Industrial Classification System viii. Make sure to submit your is not placed on the Internet and will be (NAICS) codes have been provided to comments by the comment period publicly available only in hard copy assist you and others in determining deadline identified. form. Publicly available docket whether this action might apply to II. Background materials are available either in the certain entities. To determine whether electronic docket at http:// you or your business may be affected by A. What Action is the Agency Taking? www.regulations.gov, or, if only this action, you should carefully On August 16, 2006, EPA available in hard copy, at the OPP examine the applicability provisions in promulgated a final rule titled Regulatory Public Docket in Rm. S– Units II.D., III., V.B., VI.C., VII.B., ‘‘Pesticide Management and Disposal; 4400, One Potomac Yard (South Bldg.), VIII.C., and IX.A. of the preamble to the Standards for Pesticide Containers and 2777 S. Crystal Dr., Arlington, VA. The final pesticide container and Containment’’ (71 FR 47330) (Container hours of operation of this Docket containment rule, 71 FR 47330 (August and Containment Rule; establishing 40 Facility are from 8:30 a.m. to 4 p.m., 16, 2006). If you have any questions CFR part 165, and amending 40 CFR Monday through Friday, excluding legal regarding the applicability of this action part 156). The Container and holidays. The Docket Facility telephone to a particular entity, consult the person Containment Rule established number is (703) 305–5805. listed under FOR FURTHER INFORMATION regulations for the safe storage and FOR FURTHER INFORMATION CONTACT: CONTACT. disposal of pesticides, pursuant to the Nancy Fitz, Field and External Affairs B. What Should I Consider as I Prepare Federal Insecticide, Fungicide, and Division (FEAD) (7506P), Office of My Comments for EPA? Rodenticide Act (FIFRA), to reduce the Pesticide Programs (OPP), likelihood of unreasonable adverse Environmental Protection Agency, 1200 1. Submitting CBI. Do not submit this effects on human health and the Pennsylvania Ave., NW., Washington, information to EPA through environment. The container and DC 20460–0001; telephone number: regulations.gov or e-mail. Clearly mark containment regulations include (703) 305-7385; fax number: (703) 308- the part or all of the information that requirements for pesticide container 2962; e-mail address: you claim to be CBI. For CBI design; procedures, standards, and label [email protected], or Kimberly Nesci, information in a disk or CD ROM that language to facilitate removal of FEAD (7506P), OPP, Environmental you mail to EPA, mark the outside of the pesticides from containers prior to their Protection Agency, 1200 Pennsylvania disk or CD ROM as CBI and then being used, recycled, or discarded; and Ave., NW., Washington, DC 20460– identify electronically within the disk or requirements for containment of 0001; telephone number: 703-308-8059; CD ROM the specific information that is stationary pesticide containers and fax number: (703) 308-2962; e-mail claimed as CBI. In addition to one procedures for container refilling address: [email protected]. complete version of the comment that operations. The rule required that all SUPPLEMENTARY INFORMATION: includes information claimed as CBI, a pesticide products distributed or sold by copy of the comment that does not I. General Information a registrant as of August 17, 2009, bear contain the information claimed as CBI labels that comply with the rule’s label A. Does this Action Apply to Me? must be submitted for inclusion in the language requirements (40 CFR public docket. Information so marked You may be potentially affected by 156.159). will not be disclosed except in EPA is proposing to amend the this action if you are a pesticide accordance with procedures set forth in formulator, agrichemical dealer, an container and containment regulations 40 CFR part 2. to provide a 1–year extension of the independent commercial applicator, or 2. Tips for preparing your comments. a custom blender. Potentially affected labeling compliance date (from August When submitting comments, remember 17, 2009 to August 17, 2010); to change entities may include, but are not limited to: to: the phrase ‘‘sold or distributed’’ to i. Identify the document by docket ID • Pesticide formulators (NAICS code ‘‘released for shipment’’ as associated number and other identifying 32532), e.g., establishments that with all of the compliance dates; to information (subject heading, Federal formulate and prepare insecticides, provide for exceptions to the language Register date and page number). fungicides, herbicides or other requirements for some specific pesticides from technical chemicals or ii. Follow directions. The Agency may nonrefillable packages; to allow for concentrates produced by pesticide ask you to respond to specific questions waivers of certain label requirements for manufacturing establishments. or organize comments by referencing a other refillable and nonrefillable • Agrichemical dealers (NAICS code Code of Federal Regulations (CFR) part containers on a case-by-case basis; and 44422), e.g., retail dealers that distribute or section number. to correct typographical and other minor or sell pesticides to agricultural users. iii. Explain why you agree or disagree; errors. In addition, the Agency is • Independent commercial applicators suggest alternatives and substitute proposing to establish a definition of (NAICS code 115112), e.g., businesses language for your requested changes. ‘‘released for shipment.’’ These changes that apply pesticides for compensation iv. Describe any assumptions and are being proposed in response to (by aerial and/or ground application) provide any technical information and/ subsequent requests from stakeholders and that are not affiliated with or data that you used. and based on further Agency agrichemical dealers. v. If you estimate potential costs or consideration. • Custom blenders (NAICS code burdens, explain how you arrived at 44422), most custom blenders are also your estimate in sufficient detail to B. Statutory Authority dealers. allow for it to be reproduced. These proposed regulations are issued This listing is not intended to be vi. Provide specific examples to pursuant to the authority given the exhaustive, but rather provides a guide illustrate your concerns and suggest Administrator of EPA in sections 2 for readers regarding entities likely to be alternatives. through 34 of FIFRA, 7 U.S.C. 136— affected by this action. Other types of vii. Explain your views as clearly as 136y. Sections 19(e) and (f) of FIFRA, 7 entities not listed in this unit could also possible, avoiding the use of profanity U.S.C. 136a(e) and (f), grant EPA broad be affected. The North American or personal threats. authority to establish standards and

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33037

procedures to assure the safe use, reuse, requires the following information or iii. The labels for certain types of storage, and disposal of pesticide statements on certain pesticide product seasonal products and consumer containers. FIFRA section 19(e) requires labels: specialty products are unique and EPA to promulgate regulations for the • A statement identifying the expensive to print. For example, for design of pesticide containers that will container as nonrefillable or refillable. some pool chemicals, labeling is printed promote the safe storage and disposal of • On nonrefillable containers, directly on buckets that will contain the pesticides. FIFRA section 19(f) requires statements providing basic instructions pesticide product. Each label plate EPA to promulgate regulations for managing the container and a batch needed to print the buckets is expensive prescribing procedures and standards code. to produce, as is each individual printed for the removal of pesticides from • Cleaning instructions for some bucket. containers prior to disposal. nonrefillable containers. iv. The production of many consumer FIFRA section 25(a), 7 U.S.C. 136w(a), • Cleaning instructions for refillable specialty products (pool chemicals, authorizes EPA to issue regulations to containers at the end of their useful lawn chemicals) is on an annual and carry out provisions of FIFRA. lives. seasonal basis; therefore, for some In addition, the Container and products, there is only one opportunity III. Proposed Changes to 40 CFR Part Containment Rule modified several each year to print new product labels. 152—Pesticide Registration and existing requirements in 40 CFR 156.10, v. Many registrants had delayed Classification Procedures including allowing for blank spaces on submitting revised product labels that The Agency is proposing to amend the labels of some refillable containers include the new requirements until the § 152.3 to add a new definition for for the net contents and EPA Agency provided further guidance to ‘‘released for shipment.’’ As discussed establishment number and adding a explain the conditions under which in subsequent units of this proposed reference to the container and registrants might submit revised labels rule, the Agency is proposing to use this containment regulations in subpart H under an expedited review process (that term in § 156.159, §165.20, §165.40, and and 40 CFR part 156. is, a notification process). Although this § 165.60. The Agency considered In this proposed rule, the Agency is guidance has since published (Pesticide putting definitions for this term in both proposing to amend the labeling Registration (PR) Notice 2007-4, parts 156 and 165, but notes that requirements in 40 CFR part 156 subpart published on November 7, 2007); the 15 because the term has also been used in H. months that passed between the publication of the August 16, 2006, final § 167.3 and in various guidance A. Background documents, a generally applicable rule and the publication of the PR definition may be appropriate. The After promulgation of the Container Notice may have contributed to delays Agency is asking for comments on both and Containment Rule, the Agency was in amending labels. the proposed definition itself and on the contacted by stakeholders with concerns 2. Labeling of returned products. placement of the definition in the about the compliance date associated Registrants have also expressed regulations. The proposed definition is with the labeling requirements; the concerns about how the new container as follows: implications of the phrase ‘‘sold or and containment labeling requirements A product is released for shipment when distributed’’ for the handling of would apply to products that are the producer has packaged and labeled it in packaged pesticide products that may be returned to the manufacturer. The the manner in which it will be shipped, or returned unused to a registrant at the container and containment regulations has stored it in an area where finished end of a use season; and the scope of provide that products distributed or products are ordinarily held for shipment. pesticide products and containers for sold by a registrant after August 17, An individual product is only released for which some of the labeling statements 2009, must bear the new labeling shipment once, except where subsequent events constitute production (e.g., relabeling, are being required. statements. According to registrants, repackaging). 1. Compliance date. Some registrants contracts with many consumer retail have asserted that they do not have establishments require that seasonal The proposed definition is consistent sufficient time to change all labels for consumer products remaining on the with EPA’s previously published final packaging of pesticide products in shelves at the end of the use season be definitions of ‘‘released for shipment’’; time to meet the August 17, 2009, returned to the manufacturer. As a the most recent of these appears in PR compliance date. These time constraints result, any products bearing old labels Notice 93-11, Supplement C (August 13, are due to the following factors: and originally distributed in spring 2009 1993), and in a 1984 proposed rule (49 i. Almost all pesticide product and that did not sell might be returned FR 37916, September 26, 1984). The registrations are involved. Generally, to registrants in the fall of 2009 after the first sentence is essentially that of the changes to product labels are done on a August 17, 2009, compliance date. 1984 proposed rule, which focuses on product by product basis or only for Subsequent sale or distribution of the actions manifesting the producer’s products containing one active returned products would not be in intent to introduce a product into ingredient. In the case of changes compliance with the container and commerce. The second sentence would required by the pesticide container and containment regulations unless the make it clear that products already in containment regulations, essentially all products were relabeled. Registrants the channels of trade are all ‘‘released product registrations are involved have indicated that relabeling of the for shipment,’’ and that relabeled or (approaching 17,000 individual returned products would be especially reworked products must be released a products). costly and difficult and that the second time. ii. Often registrants sell multiple products may require repackaging that individual package sizes (often referred could result in unintentional exposures IV. Proposed Changes to 40 CFR Part to as ‘‘SKUs’’) under one product to the pesticide; therefore, registrants 156—Labeling Requirements for registration number. As a result of would be more likely to dispose of Pesticides and Devices multiple SKUs being associated with returned product bearing old labeling The Container and Containment Rule individual registrations, the changes rather than relabel or repackage the added a new subpart H titled ‘‘Container will affect many more final printed product. While the Agency believes that Labeling’’ to 40 CFR part 156 that packages than individual registrations. the label language required by the

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33038 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

container and containment regulations containers, such as impregnated C. Changes to Subpart H—Container is important, the expected decrease in repellent clothing articles. In this case, Labeling risk from improving handling practices the labeling consists of a clothing tag, 1. Identification of container types. In for the relatively small number of and it would serve no purpose for the this proposed rule, the Agency is returned containers is likely not tag to include the phrase ‘‘nonrefillable proposing to exempt certain significant enough to justify the cost of container.’’ nonrefillable container types from the expensive relabeling, repackaging or Finally, the Agency originally ‘‘identification of container type’’ disposal of product bearing old labels, intended for the waiver/modification requirements described in 40 CFR and the potential exposure from statement included in the residue 156.140. The container types that EPA repackaging or disposal of product. removal section of the container and proposes to exempt are listed in Accordingly, EPA proposes to change containment regulations (40 CFR proposed § 156.140(a)(5) and are as the phrase ‘‘distributed or sold’’ in 156.144(d)) to apply to all of the new follows: § 156.159 to ‘‘released for shipment.’’ label language requirements. However, • Aerosol cans. • EPA considers a product released for as written, the regulations do not allow Nonrefillable caulking tubes and shipment when the producer has for waivers from the ‘‘nonrefillable other nonrefillable squeezable tube packaged and labeled it in the manner container’’ or ‘‘refillable container’’ containers for paste, gel, or other similar in which it will be shipped, or has language. formulas (e.g., crack and crevice stored it in an area where finished application devices, unit dose products are ordinarily held for EPA is proposing several amendments application tubes). shipment. An individual product is only to the container and containment • Foil packets for water soluble released for shipment once, except regulations to address these issues and packaging, repellent wipes, and other where subsequent events constitute to correct typographical and other single-use products. production (e.g., relabeling, errors, as follows: • Tamper-resistant bait stations. repackaging). Therefore, any products • EPA proposes to change the • Tamper-resistant cages for repellent returned at the end of a use season compliance date associated with the or trapping strips. could be re-distributed or sold and • Packaging for pet collars. container and containment labeling • remain in compliance with the requirements to August 17, 2010. One-time use semiochemical dispersion devices. container and containment regulations. • 3. Scope of products and flexibility of EPA proposes to change the phrase • Any packaging that is destroyed by requirements. Some registrants are also ‘‘distributed or sold’’ to ‘‘released for the use of the product contained concerned about the scope of products shipment’’ as associated with the therein. subject to the new container-type labeling compliance date. In addition, • Any packaging that would be statements (see 40 CFR 156.140). The EPA proposes to make a similar change destroyed if reuse of the container were container and containment regulations to the language associated with the attempted (for example, bacteriostatic require that either the statement compliance date for the container and water filter cartridges, blister card ‘‘refillable container’’ or ‘‘nonrefillable repackaging requirements as well. packaging, etc.). container’’ be placed on the label or • EPA proposes to exempt certain EPA proposes to exempt these container of all pesticide products container types from the container type container types from the requirement to except plant-incorporated protectants. labeling statements required by the include a statement identifying the Registrants are requesting that the container and containment regulations container as a nonrefillable container in Agency exempt inherently or obviously (40 CFR 156.140) and to allow the § 156.140(a)(1) and the requirement to nonrefillable packaging types from this Agency to approve modifications to that include a reuse statement in requirement. These registrants believe language on a case-by-case basis. The § 156.140(a)(2). These sections of the that it is unduly burdensome and not specific container types that EPA rule require pesticide labels to include appropriate to require the phrase proposes to exempt are described in the phrase ‘‘Nonrefillable container. Do ‘‘Nonrefillable container. Do not reuse detail in Unit III.C. of this proposed not reuse or refill this container’’ or one or refill’’ on obviously nonrefillable rule. of the other statements about reuse in packages. While the additional language § 156.140(a)(2). Currently, many labels • EPA proposes to correct will provide extra precautions for already include the statement ‘‘Do not typographical and other minor errors in containers that physically could be reuse this container.’’ the container and containment reused or refilled, registrants maintain EPA considers the container types regulations as described in detail in that these additional precautions are not listed above to be inherently Unit V of this proposed rule. necessary for containers that are nonrefillable because, after use of the inherently nonrefillable because B. Addition of Definitions Section to pesticide, they do not appear to offer existing labeling generally includes a Subpart A any practical use as containers. For most phrase such as ‘‘Do not reuse this containers, the container type and reuse container,’’ and the container and In this proposed rule, the Agency is statements provide additional containment regulations do not change proposing to add a new definitions precautions and useful information; this phrase. Examples of some types of section (§ 156.3) to part 156 and to however, these precautions and containers that registrants consider include an introductory paragraph in additional information are not necessary obviously nonrefillable are aerosol spray the definitions section noting that the for containers that are either highly cans, bait stations, and foil pouches for terms used in part 156 have the same unlikely or physically impossible to be water soluble packets. meaning as in the Act and 40 CFR part reused or refilled. In addition, the In addition, the Agency has 152. This paragraph simply refers majority of pesticide labels already recognized several additional types of readers to the definitions in the Act and include a phrase such as ‘‘Do not reuse registered pesticides for which it makes in part 152. In addition, the Agency is this container’’ to prohibit any sense to reconsider the labeling proposing to add to § 156.3 a definition attempted reuse. statements described above. For for the term ‘‘dilutable,’’ since this term Registrants also requested exemptions example, some pesticides are not sold in is used in part 156. for bags (flexible packaging) and

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33039

syringes. EPA has not proposed an regulations do not allow for exemptions language specific to the use of a exemption for flexible packaging and from the ‘‘nonrefillable container’’ or compressed cylinder (see PR Notice 84- syringes because the Agency believes it ‘‘refillable container’’ language. The 5), and EPA had not intended the is likely that persons might consider Agency is proposing to allow Container and Containment Rule to these to be useful as containers or modifications or waivers of the required supersede any existing precautionary applicators for pesticides or other language so that the Agency can language for gas cylinders. In the 2006 materials after initial use. The Agency determine on a case-by-case basis final rule, EPA exempted containers that believes that the potential for adverse whether the requirements for the hold pesticides that are gaseous at effects resulting from refill and/or reuse nonrefillable container, reuse, recycling/ atmospheric temperature and pressure of these containers is greater than the reconditioning and refillable container from the refillable container and burdens associated with labeling these label statements are appropriate. repackaging requirements in 40 CFR containers as nonrefillable containers There is a trade-off to exempting part 165. The proposed exemption in and expressly prohibiting reuse or refill container types in the regulations and this proposed rule would make the label of the containers. dealing with registrant-requested language requirements of § 156.144 EPA requests comments on the changes on a case-by-case basis through consistent with 40 CFR part 165. proposed approach for exempting the waiver/modification process. In addition, the Agency is proposing certain pesticide container types from Dealing with registrant waiver/ to add § 156.144(f) to exempt from the the requirement to include a statement modification changes on a case-by-case requirements of § 156.144 pesticide- identifying the container as a basis is flexible and can account for impregnated objects that are registered nonrefillable container in future container developments and non- as pesticides and not packaged in a § 156.140(a)(1) and the requirement to traditional container types for which the container. These include such products include a reuse statement in required label statements may not be as repellent-impregnated articles of § 156.140(a)(2). In particular, EPA appropriate. However, the waiver/ clothing and other repellent- requests comments regarding criteria modification process is time- and labor- impregnated fabric articles, such as that could be used to determine whether intensive for both the Agency and tents or mosquito netting. In the absence particular containers should be exempt; registrants. EPA requests comments on of a container, there is no need for the types of containers that are included whether the proposed approach to residue removal instructions. The in the exemption; and whether other specifically exempt certain container Agency proposes to include this containers should also be exempted. types and to allow waivers/ exemption to eliminate the need for the This may include any additional modifications results in an appropriate individual submission and review of information on flexible packaging and balance. exemption requests for these products syringes that might cause the Agency to The last substantive change that the in the future. reconsider those types of containers for Agency is proposing to make to In § 156.144(g), the Agency is exemption. § 156.140 is a change to add paragraph proposing that pesticide product labels EPA is proposing to exempt these (d), which would exempt pesticide- do not have to bear residue removal container designs only from the impregnated objects that are registered instructions applicable to transport statement identifying the container as a as pesticides and not packaged in a vehicles. Transport vehicles such as rail nonrefillable container in container from all of the requirements in cars and other cargo-carrying vehicles § 156.140(a)(1) and the requirement to § 156.140. These include such products are classified as containers in the include a reuse statement in as repellent-impregnated articles of container and containment regulations, § 156.140(a)(2). These containers would clothing and other repellent- but are exempt from the refillable still be required to bear a recycling/ impregnated fabric articles. It would not container and repackaging regulations reconditioning statement per be appropriate to refer to the pesticide in 40 CFR part 165. The Agency is § 156.140(a)(3). EPA is not proposing to container on the labels for these types proposing that pesticide product labels automatically exempt these container of products if no container exists. This do not have to bear residue removal types from the requirement to have a is an unusual situation; however, the instructions applicable to transport statement about recycling/ Agency has decided to propose to vehicles because the residue removal reconditioning because the Agency include this exemption as a general label language in the container and wants to facilitate recycling wherever it statement to eliminate the need for the containment regulations is not tailored is feasible. In addition, EPA believes individual submission and review of to the unique nature of transport vehicle that most labels already comply with exemption requests for these types of containers. This change will make the that requirement because they include a products in the future. residue removal label language statement about recycling. EPA requests In addition, EPA is proposing minor requirements consistent with the comments on this approach and revisions to the introductory paragraphs refillable container and repackaging specifically about whether container in § 156.140(a) and § 156.140(b) to requirements, with regard to transport types that are exempt from reference the exemptions in proposed vehicles. § 156.140(a)(1) and § 156.140(a)(2) § 156.140(a)(5) and § 156.140(d) and the Finally, EPA is proposing a minor should also be exempt from proposed waiver/modification provision revision to change § 156.144(a) to § 156.140(a)(3). in § 156.140(c). reference the proposed exemptions in The Agency is also proposing to 2. Changes to residue removal § 156.144(e), (f), and (g). amend § 156.140 to add a new instructions. The Agency is proposing to 3. Changes to compliance date. The paragraph (c) that would allow EPA to add § 156.144(e) to exempt compressed Agency is proposing to extend the modify or waive the label statements gas cylinders from the requirement to compliance date associated with the required by § 156.140. The Agency provide residue removal instructions. labeling requirements of part 156, originally intended for the waiver/ The Agency is proposing this exemption subpart H, (§ 156.159) from August 17, modification statement included in the because it may not be safe or 2009, to August 17, 2010. This change residue removal section (40 CFR appropriate for end users to attempt to will allow additional time for registrants 156.144(d)) to apply to all label clean compressed gas cylinders. to change all labels for final packaging language. However, as written, the Generally, gas cylinders bear label for all registered products and SKUs and

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33040 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

remain in compliance with the The Agency is proposing to change containers typically hold a volume container and containment regulations. the definition of ‘‘agricultural pesticide’’ somewhat greater than the rated The Agency is maintaining August 17 as to ‘‘...any product labeled for use in or capacity. The rated capacity of a the compliance date for consistency on a farm, forest, nursery, or container is generally readily apparent, with the other compliance dates in the greenhouse.’’ This change is being and actual capacity generally is not. container and containment regulations. proposed in order to be consistent with This makes rated capacity a more useful EPA believes that maintaining August the definition of ‘‘agricultural tool for distinguishing containers for 16 or 17 of varying years as a establishment’’ in the Worker Protection purposes of the regulations. While EPA compliance date for all the different Standard (WPS) at 40 CFR 170.3. EPA did specify rated capacity in requirements in the container and believes that using this definition will § 165.65(d)(4) and § 165.70(e)(4), it did containment regulations will facilitate facilitate compliance with and not do so consistently throughout part compliance by the regulated understanding of the pesticide container 165. The proposed revision would community. EPA requests comments on and containment regulations because confirm that all references to container the proposed compliance date for the the definition of agricultural capacity mean rated capacity. part 156, subpart H, label requirements establishment in the WPS has a long The Agency is proposing to add to and specifically whether there is any history and is well-understood. § 165.3 a definition for the term advantage to extending the date a few Introducing a new definition of ‘‘dilutable’’ since this term is used in additional months based on the typical ‘‘agricultural pesticide’’ that does not part 165. This term is defined in schedule and activities involved with conform exactly to the definition of § 165.25(f)(1), so the same definition the production, distribution and sale of ‘‘agricultural establishment’’ could should also appear in § 165.3. pesticides. cause unnecessary confusion. The The Agency is proposing to remove In addition, the Agency is proposing Agency does not believe that changing the definitions of ‘‘pressure rinse’’ and to change the phrase ‘‘distributed or the definition of ‘‘agricultural pesticide’’ ‘‘triple rinse’’ because these terms are sold’’ to ‘‘released for shipment,’’ as substantially changes the scope of the not used in part 165. associated with the compliance date. pesticide container and containment B. Changes to Subpart B—Nonrefillable This change will allow pesticide regulations, but requests comment on Container Standards: Container Design products that were initially distributed the potential impacts of revising the And Residue Removal or sold to retailers before the definition of agricultural pesticide. 1. General provisions. The Agency is compliance date, but which may be The Agency is proposing to delete the proposing to change the compliance returned unused to the producer at the definition of ‘‘flowable concentrate’’ and date language in § 165.20(c) to be end of a use season, to be distributed or to add a new definition for the term consistent with the proposed sold the following season without ‘‘suspension concentrate,’’ as follows: compliance date language in revised relabeling. EPA believes the number of ‘‘...a stable suspension of active § 156.159 by using the phrase ‘‘released containers which would be affected by ingredients in a liquid intended for for shipment’’ instead of ‘‘distributed or this change is relatively small, and as a dilution with water before use.’’ EPA is sold.’’ This change will allow product result, EPA expects relabeling would making these changes based on input that was initially distributed or sold to involve both high per-unit costs and low from the registrants that ‘‘suspension retailers before the compliance date, but benefits. This change is consistent with concentrate’’ is the term currently used which may be returned unused to the language used by the Agency for other in formulation chemistry to describe the producer at the end of a use season, to situations where it seeks label changes. pesticide formulations that EPA be sold or distributed the following In addition, this change is consistent originally described with the term season without changing the container. with the decision in the Container and ‘‘flowable concentrate.’’ The Agency is EPA believes the number of containers Containment Rule to not finalize a 5– also changing references to ‘‘flowable that would be affected by this change is year channels of trade provision. The concentrate’’ to ‘‘suspension relatively small and, as a result, EPA Agency decided not to include a 5–year concentrate’’ in § 165.25(f)(2) and expects changing the container would channels of trade provision to minimize § 165.27(b)(5). The Agency is proposing to revise the involve both high per-unit costs and low the disruption and burden of definition of ‘‘pesticide compatible’’ as benefits. This change is consistent with implementing this rule and because the applied to containment to delete language used by the Agency for Agency does not believe that current ‘‘secondary’’ from the two references to situations where it seeks label changes. products and containers pose enough ‘‘secondary containment’’ and to change In addition, the Agency is proposing hazard to justify the costs of recalling the word ‘‘materials’’ to ‘‘substances,’’ an editorial change to § 165.20(c) to them from retailers or distributors (71 as applied to the substances being change ‘‘...that complies with these FR 47356). contained. ‘‘Secondary’’ is misleading in regulations’’ to ‘‘...that complies with V. Proposed Changes to 40 CFR Part this definition because the compatibility the regulations of this subpart’’ to be 165—Pesticide Management and requirement applies to both secondary more precise. Disposal containment units and containment 2. Changes to scope of pesticide pads. The change from ‘‘materials’’ to products. The Agency is proposing to A. Changes to Definitions in Subpart A ‘‘substances’’ is simply editorial since make an editorial change to the heading The Agency is proposing some ‘‘materials’’ is also used in the phrase in § 165.23(d) to remove quotes from the changes to the definitions in § 165.3. In ‘‘containment construction materials.’’ term antimicrobial. particular, the Agency is proposing to The Agency is proposing to add a 3. Changes to nonrefillable container include an introductory paragraph to definition for the term ‘‘capacity’’ since standards. The Agency is proposing to state that the terms used in this part this term is used in part 165 to make change § 165.25(a) and § 165.25(b) to have the same meaning as the terms clear that the container capacities clarify that the requirement to comply used in the Act and in 40 CFR part 152. specified refer to the rated capacity of with the adopted Department of In addition, the Agency is proposing to the container (also known as the Transportation (DOT) standards revise two definitions, add three new nominal or design capacity). In order to referenced therein only applies to definitions, and delete three definitions. allow space for thermal expansion, portable containers, which was the

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33041

Agency’s intent in the August 16, 2006 The Agency is also proposing to add to describe the pesticide formulations rule. three additional citations to the list of that EPA originally described with the The Agency is also proposing to DOT regulations in § 165.25(a) with term ‘‘flowable concentrate.’’ clarify that the DOT regulations which which a nonrefillable container must C. Changes to Subpart C—Refillable are adopted in § 165.25 apply to the comply. Specifically, EPA is proposing Container Standards: Container Design pesticide product as it is packaged for to add 49 CFR 173.4, 173.5, and 173.6 transportation in commerce. This to incorporate several additional DOT 1. General provisions. The Agency is change is being proposed to be exceptions so they would apply to proposing to add a new § 165.40(b)(3) to consistent with the DOT regulations in pesticides that are not hazardous alert refillers to the existence of a terms of the form of the packaging that materials. These proposed exceptions refiller-specific exemption from some of is subject to the adopted DOT are for small retailers, customers, the DOT-related requirements in regulations. The other nonrefillable research and sales personnel (49 CFR § 165.45(a). container requirements in § 165.25, 173.6), small quantities (49 CFR 173.4), The Agency is proposing a change to including the requirements for closures, and transportation of agricultural the compliance date language in dispensing capability and residue products over local roads between fields § 165.40(c) to be consistent with the removal, apply to the container used to of the same farm (49 CFR 173.5). The proposed compliance date language in enclose a pesticide, i.e., the receptacle proposal to add these exceptions to the § 156.159 by using the phrase ‘‘released that comes into direct contact with the pesticide container regulations is for shipment’’ instead of ‘‘distributed or pesticide. However, the DOT hazardous intended to identify several situations sold.’’ See the discussion in Unit V.B.1. materials regulations apply to a package where the DOT requirements adopted of this proposal for the rationale behind as it is prepared for transportation in by § 165.25 would not apply. Similar to this change. commerce. For example, 2.5-gallon jugs the adopted DOT provision in 49 CFR In addition, the Agency is proposing are often shipped for transportation in 173.155, which provides exceptions for an editorial change to § 165.40(c) to commerce as pairs of jugs in a cardboard Class 9 (miscellaneous hazardous change ‘‘...that complies with these box. When the jugs contain DOT materials) chemicals, adopting these regulations’’ to ‘‘...that complies with hazardous materials, it is the boxed provisions would clarify that certain the regulations of this subpart’’ to be package that would have to comply with containers and packages would not have more precise. the DOT regulations. EPA proposes to to comply with all of the DOT 2. Changes to scope of pesticide amend § 165.25 to clarify that it is the hazardous materials requirements. products. The Agency is proposing five product as packaged for transportation Instead, the containers and packages editorial changes to § 165.43 to remove in commerce that must comply with would only have to comply with quotes from the term antimicrobial in those DOT regulations that are adopted conditions specified in those regulatory the headings of paragraphs (c), (d), and in § 165.25 for pesticides that are not exceptions. (e), to remove an extraneous ‘‘by’’ in hazardous materials. On the other hand, The Agency is proposing these same paragraph (f), and to add a space in the other § 165.25 requirements – for changes to the corresponding DOT- paragraph (g). closures, dispensing capability and related requirements for refillable 3. Changes to refillable container residue removal – would apply to the containers in § 165.45. standards. The Agency is proposing to immediate pesticide container (e.g., the Also in § 165.25, the Agency is change § 165.45 to clarify that DOT 2.5-gallon jug itself). EPA requests proposing to change paragraph (f)(2) to standards only apply to portable comments on whether the proposed substitute the term ‘‘suspension containers, to clarify that the DOT change accomplishes the goal of concentrate’’ for ‘‘flowable concentrate.’’ regulations which are adopted in clarifying that the adopted DOT EPA is making this change based on § 165.45 apply to a pesticide product as requirements in § 165.25(a) are intended input from the registrants that it is packaged for transportation in to apply to the container or packaging ‘‘suspension concentrate’’ is the term commerce, to add a citation to 49 CFR as it is transported in commerce. The currently used in formulation chemistry part 107, subpart B for completeness Agency also requests suggestions for to describe the pesticide formulations and to add citations to the DOT alternative revisions to § 165.25(a) that that EPA originally described with the exceptions in 49 CFR 173.4, 173.5, and would provide that clarification. term ‘‘flowable concentrate.’’ 173.6. These proposed changes are In addition, the Agency is proposing 4. Changes to reporting and discussed in more detail in Unit V.B.3. to change §§ 165.25(a), (b)(1) and (b)(2) recordkeeping. The Agency is proposing about the proposed revisions to the to add an additional citation to the list an editorial change to the introductory nonrefillable container requirements in of DOT regulations with which non- paragraph in § 165.27(b) to properly cite § 165.25. refillable containers must comply. The § 165.25 – § 165.27. Agency is proposing this change to The Agency is proposing to add new D. Changes to Subpart D—Standards include the requirements of 49 CFR part §§ 165.27(b)(4)(iii) and (b)(5)(iii) which For Repackaging Pesticide Products Into 107, subpart B that are applicable to would provide that evidence of an EPA- Refillable Containers special permits because this subpart approved waiver request shall be 1. General provisions. The Agency is regulates exemptions from DOT sufficient to demonstrate compliance proposing a change to the compliance requirements. The original intent of with the container dispensing capability date language in § 165.60(c) to be § 165.25 was that a pesticide packaged and container residue removal consistent with the proposed in compliance with DOT’s requirements standards. compliance date language in § 156.159 would meet the requirements of Also in § 165.27, the Agency is by using the phrase ‘‘released for § 165.25(a) and (b). This proposed proposing to change paragraph (b)(5) to shipment’’ instead of ‘‘distributed or change is consistent with the original substitute the term ‘‘suspension sold.’’ See the discussion in Unit V.B.1. intent and simply clarifies that if a concentrate’’ for ‘‘flowable concentrate.’’ of this proposal for the rationale behind pesticide is in compliance with DOT EPA is making this change based on this change. requirements via an exemption, it is also input from the registrants that In addition, the Agency is proposing acceptable under the container and ‘‘suspension concentrate’’ is the term an editorial change to § 165.60(c) to containment regulations. currently used in formulation chemistry change ‘‘...that complies with these

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33042 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

regulations’’ to ‘‘...that complies with not intend to limit the compatibility requirement for cleanup by the end of the regulations of this subpart’’ to be requirement to secondary containment the day would still apply. The Agency more precise. structures and to change the word is requesting comment on this approach 2. Scope of pesticide products ‘‘materials’’ to ‘‘substances’’ where it and the proposed language. included. The Agency is proposing an refers to substances being contained. The Agency is proposing to change editorial correction in § 165.63 to The Agency is proposing an editorial § 165.90(b)(3), which prohibits facilities correctly cite the appropriate change to § 165.85(d) to clarify that the from storing pesticide on a structure regulations in the table under paragraph word ‘‘new’’ in this paragraph applies to that needs to be repaired. EPA proposes (d)(1). The citations in the two rows a new secondary containment unit and to revise this paragraph to not allow any about container inspection need to be not the pesticide containers themselves. additional pesticide to be stored on a corrected. The Agency is proposing two changes containment structure in need of repair. 3. Registrants who distribute or sell to state that dry pesticide container This change was made for practical pesticide products in refillable storage areas must have a floor, reasons, i.e., to allow product already containers. The Agency is proposing to consistent with the original intentions. stored on that containment structure to revise § 165.65(i)(2)(iii) to allow an EPA is proposing to move the existing remain so as not to require movement of identifying code other than a serial requirement that stationary dry pesticide containers. There is number as an acceptable mechanism to pesticide container storage areas have potentially greater risk from transferring identify refillable containers in the curbs from § 165.85(f)(3) to § 165.85(f)(4) pesticide products outside of a registrant’s records. This change is and to insert a new paragraph (f)(3) that containment structure (and then back needed to be consistent with the would require such areas to have floors after repairs have been made) than to requirement in § 165.45(d), which as well. The requirement that these repair a structure while pesticide requires refillable containers to be areas have floors is implied in the products remain on the containment marked with a serial number or other container and containment regulations structure. Also, the Agency is proposing identifying code that will distinguish because it does not make sense to have to delete the second sentence from a curb made out of concrete, steel, or between the individual container and § 165.90(b)(3) because it would not be other rigid material without also having all other containers. necessary after making this change. 4. Registrants who distribute or sell a floor. The proposed change would make this requirement explicit. In The Agency is also proposing to pesticide products to refillers for revise § 165.90(b)(1) to clarify that the repackaging. The Agency is proposing addition, the Agency is proposing editorial changes to rephrase the new containment structures themselves must to revise § 165.67(b)(2)(ii) for clarity. be inspected monthly, in addition to the This paragraph covers the situation § 165.85(f)(4) for clarity. 3. Design and capacity requirements containers and appurtenances. This is where a pesticide product is repackaged implied in the existing recordkeeping by a refilling establishment at an end for existing structures. The Agency is proposing editorial changes to requirements (see § 165.95(a)), but EPA user’s site. is proposing to modify this paragraph to The Agency is proposing to change § 165.87(a)(3) to remove ‘‘secondary’’ in make the requirement explicit. § 165.60(d) to clarify that the written this paragraph and to change contract that registrants must provide to ‘‘materials’’ to ‘‘substances,’’ similar to 5. States with existing containment refillers is the contract referenced in the proposed change in the programs. The Agency is proposing an § 165.67(b)(3). corresponding regulations for new editorial change to § 165.97(b)(1) to 5. Refillers who are not registrants. containment structures in § 165.85. correct the term ‘‘States’’ to read The Agency is proposing to revise The Agency is proposing an editorial ‘‘State’s.’’ § 165.70(b)(2)(ii) for clarity, similar to change to § 165.87(d) to clarify that the VI. Economic Impacts the corresponding provision in § 165.67 word ‘‘existing’’ in paragraph (d) applies for registrants. to an existing secondary containment EPA prepared two Economic Analyses The Agency is proposing to change unit and not the pesticide containers (EAs) of the potential costs and benefits § 165.70(e)(5)(i) to clarify that the themselves. associated with the August 16, 2006, written contract that refillers must The Agency is proposing to change Container and Containment Rule, one obtain is the contract referenced in § 165.87 to state that dry pesticide for the container requirements and § 165.70(b)(3). EPA is also proposing to container storage areas must have a another for the containment revise § 165.70(j)(2)(iii) to allow another floor, and to make editorial changes for requirements. The EAs, entitled identifying code other than a serial clarity, similar to the corresponding ‘‘Economic Analysis of the Pesticide number as an acceptable mechanism to changes to § 165.85(f) for new Container Design and Residue Removal track refillable containers, similar to the structures. Standards’’ and ‘‘Economic Analysis of corresponding requirement in § 165.65 4. Operational, inspection and the Bulk Pesticide Containment for registrants that sell or distribute maintenance requirements for all new Structure Regulations,’’ are available in pesticides directly in refillable and existing containment structures. the docket for the pesticide Container containers. The Agency is proposing changes to the and Containment Rule under docket timing requirements for cleanup of identification number EPA–HQ–OPP– E. Change to Subpart E—Standards For spills in § 165.90(a)(2) and for repair of 2005–0327. The Agency has prepared an Pesticide Containment Structures containment structures in § 165.90(b)(2). addendum to these EAs to address the 1. General provisions. The Agency is The Agency is proposing to change potential changes in the estimated proposing an editorial correction to language that currently requires cleanup impacts resulting from this proposed § 165.80(b)(1) to change ‘‘that’’ to or repair by the end of the day to allow rule. The addendum to the EA, entitled ‘‘than.’’ additional time to complete cleanup or ‘‘Addendum to the June 1, 2006, 2. Design and capacity requirements repair in a situation in which attempting Economic Analysis of the Bulk Pesticide for new structures. The Agency is cleanup or repair may result in hazards Container Design and Residue Removal proposing editorial changes to that may be avoided if cleanup or repair Standards’’ is briefly summarized here, § 165.85(a)(3) to remove ‘‘secondary’’ in were reasonably delayed. In most cases, and is available in the docket for this this paragraph because the Agency did and for routine spills and leaks, the rulemaking.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33043

EPA estimated the total annual cost of certifies that this proposed rule does not Chemical Manufacturing), with the the August 16, 2006, Container and have a significant adverse economic majority of small businesses having 500 Containment Rule to be $11.3 million impact on a substantial number of small or fewer workers (e.g., 325320, ($8.37 million for containers plus $2.93 entities. This proposed rule is expected Pesticide/Agricultural Chemical million for containment) and the total to result in a slight 2% to 3% decrease Manufacturing). annual benefits from the final rule to be in the estimated total costs of the In general, EPA strives to minimize $17 to $23.4 million. When the Container and Containment Rule. As potential adverse impacts on small estimated cost of the August 16, 2006, such, there are not expected to be any entities when developing regulations to rule is adjusted to consider the adverse economic impacts of affected achieve the environmental and human amendments being proposed, there is an entities, regardless of their size. The health protection goals of the statute annual cost reduction of approximately factual basis for the Agency’s and the Agency. EPA solicits comments $0.23 to $0.32 million due to a determination is presented in the specifically about potential small reduction in the number of labels that addendum to the EA, entitled business impacts. would need to be revised. There is no ‘‘Addendum to the June 1, 2006, difference in the total annual benefits Economic Analysis of the Bulk Pesticide D. Unfunded Mandates Reform Act from the August 16, 2006, rule. Container Design and Residue Removal Pursuant to Title II of the Unfunded Standards,’’ prepared for this proposed VII. FIFRA Mandated Reviews Mandates Reform Act of 1995 (Public rule, which is summarized in Unit VI., Law 104-4), EPA has determined that In accordance with FIFRA sec. 25(a), and a copy of which is available in the this action does not contain a Federal the Agency submitted a draft of this docket for this rulemaking. The mandate that may result in expenditures proposed rule to the Committee on following is a brief summary of the of $100 million or more for State, local, Agriculture in the House of factual basis for this certification. and tribal governments, in the aggregate, Representatives, the Committee on Under the RFA, small entities include or for the private sector in any one year. Agriculture, Nutrition, and Forestry in small businesses, small organizations, Since State, local, and tribal the United States Senate, and the FIFRA and small governmental jurisdictions. governments are rarely pesticide Scientific Advisory Panel (SAP). The For purposes of assessing the impacts of applicants or registrants, this rule is not Secretary of Agriculture waived review this proposed rule on small entities, expected to affect small governments of this proposed rule. small entity is defined in accordance and contains no regulatory requirements with the RFA as: (1) A small business VIII. Statutory and Executive Order that might significantly or uniquely as defined by the Small Business Reviews affect small governments. Accordingly, Administration’s (SBA) regulations at 13 this action is not subject to the A. Executive Order 12866 CFR 121.201; (2) a small governmental requirements of sections 202 and 205 of jurisdiction that is a government of a Under Executive Order 12866, UMRA. entitled Regulatory Planning and city, county, town, school district, or Review (58 FR 51735, October 4, 1993), special district with a population of less E. Executive Order 13132 the Office of Management and Budget than 50,000; and (3) a small organization that is any not-for-profit Pursuant to Executive Order 13132, (OMB) has determined that this entitled Federalism (64 FR 43255, proposed rule is not a ‘‘significant enterprise which is independently owned and operated and is not August 10, 1999), EPA has determined regulatory action’’ because these that this proposed rule does not have requirements will not raise novel legal dominant in its field. Based on the industry profiles that ‘‘federalism implications,’’ because it or policy issues arising out of legal would not have substantial direct effects mandates, the President’s priorities, or EPA prepared as part of the EAs for the 2006 rulemaking, EPA determined that on the States, on the relationship the principles set forth in the Executive between the national government and Order. As such, this proposed rule is not the 2006 rulemaking was not expected the States, or on the distribution of subject to review under Executive Order to impact any small not-for-profit power and responsibilities among the 12866. organizations or small governmental jurisdictions. Since this is a proposed various levels of government, as B. Paperwork Reduction Act (PRA) amendment to that rulemaking, EPA has specified in the Order. Thus, Executive This action does not impose any new determined that this determination also Order 13132 does not apply to this information collection burden or applies to this proposed rule. As such, proposed rule. activities requiring approval under the ‘‘small entity’’for purposes of the F. Executive Order 13175 Paperwork Reduction Act, 44 U.S.C. addendum EA prepared for this 3501 et seq. The information collection proposed rule, is synonymous with As required by Executive Order activities contained in the existing ‘‘small business.’’ Using the size 13175, entitled Consultation and regulations are already approved under standards established by the Small Coordination with Indian Tribal OMB control number 2070–0133, and Business Administration, ‘‘small Governments (65 FR 22951, November are also identified under EPA ICR No. businesses’’ potentially impacted by this 6, 2000), EPA has determined that this 1632. An agency may not conduct or proposed rule are expected to include action does not have tribal implications sponsor, and a person is not required to the same types of businesses described because it will not have substantial respond to a collection of information in the EAs prepared for the 2006 direct effects on tribal governments, on unless it displays a currently valid OMB rulemaking. As indicated in those EAs, the relationship between the Federal control number. The OMB control the small business size standard varies government and the Indian tribes, or on numbers for EPA’s regulations in 40 based on the primary NAICS code the distribution of power and CFR are listed in 40 CFR part 9. associated with the business. responsibilities between the Federal Specifically, the small businesses size government and Indian tribes, as C. Regulatory Flexibility Act standards varies from 100 or fewer specified in the Order. EPA is not aware Pursuant to section 605(b) of the workers (e.g., NAICS 422910, Farm of any tribal governments which are Regulatory Flexibility Act (RFA) (5 Suppliers Wholesalers) to 1,000 or fewer pesticide registrants, refillers or dealers U.S.C. 601 et seq.), the Agency hereby workers (e.g., NAICS 325188, Inorganic storing large quantities of pesticides.

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33044 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

Thus, Executive Order 13175 does not communities. Therefore, under liquid diluent prior to application or apply to this action. Executive Order 12898, entitled Federal use. Actions to Address Environmental 5. Amend § 156.140 by revising the G. Executive Order 13045 Justice in Minority Populations and introductory text of paragraph (a), by Executive Order 13045, entitled Low-Income Populations (59 FR 7629, revising the introductory text of Protection of Children from February 16, 1994), the Agency does not paragraph (b), and by adding paragraphs Environmental Health Risks and Safety need to consider environmental justice- (a)(5), (c) and (d) to read as follows: Risks (62 FR 19885, April 23, 1997), related issues. does not apply to this action because it § 156.140 Identification of container types. is not designated as an ‘‘economically List of Subjects in 40 CFR Part 152 * * * * * significant’’ regulatory action as defined Environmental protection, Labeling, (a) Nonrefillable container. For by Executive Order 12866 (see Unit Pesticides and pests. nonrefillable containers, the statements VIII.A.), nor does it establish an in paragraphs (a)(1) through (a)(4) of this environmental standard that is intended List of Subjects in 40 CFR Part 156 section are required except as provided to have a negative or disproportionate Environmental protection, Labeling, in paragraphs (a)(5), (c), and (d) of this effect on children. EPA interprets Pesticides and pests. section. If placed on the label, the Executive Order 13045 as applying only statements in paragraphs (a)(1) through to those regulatory actions that concern List of Subjects in 40 CFR Part 165 (a)(3) of this section must be under an health or safety risks, such that the Environmental protection, Packaging appropriate heading under the heading analysis required under section 5-501 of and containers, Containment structures, ‘‘Storage and Disposal.’’ If any of the the Executive Order has the potential to Pesticides and pests. statements in paragraphs (a)(1) through influence the regulation. This action (a)(3) of this section are placed on the does not establish an Dated: May 30, 2008. container, an appropriate referral environmentalstandard intended to Stephen L. Johnson, statement such as ‘‘See container for mitigate health or safety risks. Administrator. recycling [or other descriptive word] information.’’ must be placed on the H. Executive Order 13211 Therefore, it is proposed that 40 CFR chapter I be amended as follows: label under the heading ‘‘Storage and This proposed rule is not subject to Disposal.’’ Executive Order 13211, entitled Actions PART 152–[AMENDED] * * * * * Concerning Regulations that (5) Exemptions. Pesticide products Significantly Affect Energy Supply, 1. The authority citation for part 152 would continue to read as follows: packaged in the following nonrefillable Distribution, or Use (66 FR 28355, May containers are exempt from the 22, 2001) because it is not designated as Authority: 7 U.S.C. 136-136y; Subpart U is requirements in paragraphs (a)(1) and also issued under 31 U.S.C. 9701. an ‘‘economically significant’’ (a)(2) in this section: 2. Amend § 152.3 to add regulatory action as defined by (i) Aerosol cans. alphabetically a definition for ‘‘Released Executive Order 12866 (see Unit VII.A.), (ii) Nonrefillable caulking tubes and for Shipment’’ to read as follows: nor is it likely to have a significant other nonrefillable squeezable tube adverse effect on the supply, § 152.3 Definitions. containers for paste, gel, or other similar distribution, or use of energy. * * * * * formulas. I. National Technology Transfer Released for shipment. A product is (iii) Foil packets for water soluble Advancement Act released for shipment when the packaging, repellent wipes, and other Section 12(d) of the National producer has packaged and labeled it in single use products. Technology Transfer and Advancement the manner in which it will be shipped, (iv) Tamper-resistant bait stations. Act of 1995 (NTTAA), 15 U.S.C. 272 or has stored it in an area where (v) Tamper-resistant cages for note) directs EPA to use voluntary finished products are ordinarily held for repellent or trapping strips. consensus standards in its regulatory shipment. An individual product is only (vi) Packaging for pet collars. activities unless to do so would be released for shipment once, except (vii) One-time use semiochemical inconsistent with applicable law or where subsequent events constitute dispersion devices. otherwise impractical. Voluntary production (e.g., relabeling, (viii) Any packaging that is destroyed consensus standards are technical repackaging). by the use of the product contained. (ix) Any packaging that would be standards (e.g., materials specifications, * * * * * test methods, sampling procedures, destroyed if reuse of the container were business practices, etc.) that are PART 156–[AMENDED] attempted. developed or adopted by voluntary (b) Refillable container. For refillable consensus standards bodies. NTTAA 3. The authority citation for part 156 containers, one of the following directs EPA to provide Congress, would continue to read as follows: statements is required except as through OMB, explanations when the Authority: 7 U.S.C. 136 through 136y. provided in paragraphs (c) and (d) of Agency decides not to use available and 4. Add a new § 156.3 to read as this section. If placed on the label, it applicable voluntary consensus follows: must be under the heading ‘‘Storage and standards. This action does not impose Disposal.’’ If the statement is placed on § 156.3 Definitions. any technical standards that would the container, an appropriate referral require Agency consideration of Terms used in this part have the same statement, such as ‘‘Refilling limitations voluntary consensus standards. meaning as in the Act and part 152 of are on the container.’’ must be placed this chapter. In addition, as used in this under the heading ‘‘Storage and J. Executive Order 12898 part, the following terms shall apply. Disposal.’’ This action does not have an adverse Dilutable means that the pesticide * * * * * impact on the environmental and health product’s labeling allows or requires the (c) Modification. EPA may, on its own conditions in low-income and minority pesticide product to be mixed with a initiative or based on data or

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33045

information submitted by any person, 156.10(i)(2)(ix), 156.140, 156.144, 11. Amend § 165.23 by revising the modify or waive the requirements of 156.146, and 156.156. heading of paragraph (d) as follows: this section or permit or require PART 165–[AMENDED] § 165.23 Scope of pesticide products alternative labeling statements. included. (d) Exemption for pesticide- 8. The authority citation for part 165 * * * * * impregnated objects that are registered would continue to read as follows: as pesticides. Pesticide-impregnated (d) How will EPA determine if an objects that are registered as pesticides Authority: 7 U.S.C. 136 through 136y. antimicrobial pesticide product and not packaged in a container are 9. Amend § 165.3 as follows: otherwise exempted must be subject to a. By adding an introductory exempt from the identification of the regulations in this subpart to paragraph. container type requirements in this prevent an unreasonable adverse effect b. By revising the definitions for on the environment? *** section. These could include such ‘‘Agricultural pesticide’’ and ‘‘Pesticide products as repellent-impregnated * * * * * compatible’’ as applied to containment. 12. Amend § 165.25 by revising articles of clothing and other repellent- c. By adding alphabetically new impregnated fabric articles, such as paragraph (a), (b), and (f)(2) to read as definitions for ‘‘Capacity,’’ ‘‘Dilutable,’’ follows: tents or mosquito netting, that are not and ‘‘Suspension concentrate,’’. sold in containers. d. By removing the definitions for § 165.25 Nonrefillable Container 6. Amend § 156.144 by revising ‘‘Flowable concentrate,’’ ‘‘Pressure Standards. paragraph (a), and by adding paragraphs rinse’’, and ‘‘Triple rinse.’’ (a) What Department of (e), (f), and (g) to read as follows: Transportation (DOT) standards do my § 165.3 Definitions. nonrefillable containers have to meet § 156.144 Residue removal instructions – Terms used in this part have the same general. under this part if my pesticide product meaning as in the Act and part 152 of (a) General. Except as provided by is not a DOT hazardous material? A this chapter. In addition, as used in this pesticide product that does not meet the paragraphs (c) through (g) of this part, the following terms shall apply. section, the label of each pesticide definition of a hazardous material in 49 product must include the applicable * * * * * CFR 171.8 must be packaged in a Agricultural pesticide means any instructions for removing pesticide nonrefillable container that, if portable, pesticide product labeled for use in or residues from the container prior to is designed, constructed, and marked to on a farm, forest, nursery, or container disposal that are specified in comply with the requirements of 49 CFR greenhouse. § 156.146 and § 156.156. The residue 173.4, 173.5, 173.6, 173.24, 173.24a, removal instructions are required for * * * * * 173.24b, 173.28, 173.155, 173.203, both nonrefillable and refillable Capacity means, as applied to 173.213, 173.240(c), 173.240(d), containers. containers, the rated capacity of the 173.241(c), 173.241(d), part 178, and container. * * * * * part 180 that are applicable to a Packing (e) Exemption for compressed gas * * * * * Group III material, or, if subject to a Dilutable means that the pesticide cylinders. Pesticide products that are special permit, according to the product’s labeling allows or requires the packaged in compressed gas cylinders applicable requirements of part 107 pesticide product to be mixed with a or containers that hold pesticides that subpart B. The requirements in this liquid diluent prior to application or are gaseous at atmospheric temperature paragraph apply to the pesticide use. and pressure are exempt from the product as it is packaged for residue removal instruction * * * * * transportation in commerce. (b) What DOT standards do my requirements in this section through Pesticide compatible means, as nonrefillable containers have to meet § 156.156. applied to containment, that the (f) Exemption for pesticide- containment construction materials are under this part if my pesticide product impregnated objects that are registered able to withstand anticipated exposure is a DOT hazardous material? (1) If your as pesticides. Pesticide-impregnated to stored or transferred substances pesticide product meets the definition objects that are registered as pesticides without losing the capacity to provide of a hazardous material in 49 CFR 171.8, and not packaged in a container are the required containment of the same or the DOT requires your pesticide product exempt from the residue removal other substances within the to be packaged according to 49 CFR instruction requirements in this section containment area. parts 171-180 or, if subject to a special through § 156.156. These could include * * * * * permit, according to the applicable such products as repellent-impregnated Suspension concentrate means a requirements of part 107 subpart B. (2) For the purposes of these articles of clothing and other repellent- stable suspension of active ingredients regulations, a pesticide product that impregnated fabric articles, such as in a liquid intended for dilution with meets the definition of a hazardous tents or mosquito netting, that are not water before use. material in 49 CFR 171.8 must be sold in containers. * * * * * (g) Exemption for transport vehicles. 10. Amend § 165.20 by revising packaged in a nonrefillable container Pesticide product labels do not have to paragraph (c) to read as follows: that, if portable, is designed, bear residue removal instructions constructed, and marked to comply with applicable to transport vehicles (e.g., § 165.20 General provisions. the requirements of 49 CFR parts 171- tank cars). * * * * * 180 or, if subject to a special permit, 7. Revise § 156.159 to read as follows: (c) When do I have to comply? As of according to the applicable August 17, 2009, any pesticide product requirements of part 107 subpart B. The § 156.159 Compliance date. packaged in a nonrefillable container requirements in this paragraph apply to As of August 17, 2010, all pesticide and released for shipment by you must the pesticide product as it is packaged products released for shipment by a be packaged in a nonrefillable container for transportation in commerce. registrant must have labels that comply that complies with the regulations of * * * * * with §§ 156.10(d)(7), 156.10(f), this subpart. (f) * * *

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33046 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

(2) The test must be conducted only by revising paragraphs (f) and (g) to read § 165.45 Refillable container standards. if the pesticide product is a suspension as follows: (a) * * * concentrate or if EPA specifically (1) A pesticide product that does not requests the records on a case by case § 165.43 Scope of pesticide products meet the definition of a hazardous included. basis. material in 49 CFR 171.8 must be * * * * * * * * * * packaged in a refillable container that, (c) Which antimicrobial pesticide 13. Amend § 165.27 by revising the if portable, is designed, constructed, and products are not subject to the introductory text of paragraph (b), and marked to comply with the regulations in this subpart? The the introductory text of paragraph (b)(5), requirements of 49 CFR 173.4, 173.5, regulations in this subpart do not apply and by adding paragraphs (b)(4)(iii), and 173.6, 173.24, 173.24a, 173.24b, 173.28, to a pesticide product if it satisfies all (b)(5)(iii) to read as follows: 173.155, 173.203, 173.213, 173.240(c), of the following conditions: 173.240(d), 173.241(c), 173.241(d), Part § 165.27 Reporting and recordkeeping. * * * * * 178, and Part 180 that are applicable to * * * * * (d) Which requirements must an a Packing Group III material, or, if (b) What recordkeeping do I have to antimicrobial swimming pool product subject to a special permit, according to do for my nonrefillable containers? For comply with if it is not exempt from the applicable requirements of 49 CFR each pesticide product that is subject to these regulations? An antimicrobial part 107 subpart B. The requirements in §§ 165.25 - 165.27 and is distributed or swimming pool product that is not this paragraph apply to the pesticide sold in nonrefillable containers, you exempt by paragraph (a), (b), or (c) of product as it is packaged for must maintain the records listed in this this section must comply with all of the transportation in commerce. section for as long as a nonrefillable regulations in this subpart except * * * * * container is used to distribute or sell the § 165.45(d) regarding marking and (b) What DOT standards do my pesticide product and for 3 years after § 165.45(e) regarding openings. For the refillable containers have to meet under that. You must furnish these records for purposes of this subpart, an this part if my pesticide product is a inspection and copying upon request by antimicrobial swimming pool product is DOT hazardous material? (1) If your an employee of EPA or any entity a pesticide product that satisfies both of pesticide product meets the definition designated by EPA, such as a State, the following conditions: of a hazardous material in 49 CFR 171.8, another political subdivision or a Tribe. * * * * * the DOT requires your pesticide product You must keep the following records: (e) How will EPA determine if an to be packaged according to 49 CFR * * * * * antimicrobial pesticide product parts 171-180 or, if subject to a special (4) * * * otherwise exempted must be subject to permit, according to the applicable (iii) A copy of EPA’s approval of a the regulations in this subpart to requirements of 49 CFR part 107 subpart request for a waiver from the container prevent an unreasonable adverse effect B. dispensing requirement. on the environment? (1) EPA may (2) For the purposes of these (5) At least one of the following determine that an antimicrobial regulations, a pesticide product that records pertaining to the nonrefillable pesticide product otherwise exempt by meets the definition of a hazardous container residue removal requirement paragraph (c) of this section must be material in 49 CFR 171.8 must be in § 165.25(f) if the pesticide product is subject to the refillable container packaged in a refillable container that, a suspension concentrate or if EPA regulations in this subpart to prevent an if portable, is designed, constructed, and specifically requests the records on a unreasonable adverse effect on the marked to comply with the case by case basis: environment is all of the following requirements of 49 CFR parts 171-180 conditions exist: or, if subject to a special permit, * * * * * according to the applicable (iii) A copy of EPA’s approval of a * * * * * requirements of part 107 subpart B. The request for a waiver from the residue (f) What other pesticide products are requirements in this paragraph apply to removal standard requirement. subject to the regulations in this the pesticide product as it is packaged 14. Amend § 165.40 by adding subpart? The regulations in this subpart for transportation in commerce. paragraph (b)(3), and by revising apply to all pesticide products other paragraph (c) to read as follows: than manufacturing use products, plant- * * * * * incorporated protectants, and 17. Amend § 165.60 by revising § 165.40 General provisions. antimicrobial products that are exempt paragraph (c) to read as follows: by paragraph (c) of this section. * * * * * § 165.60 General provisions. (b) * * * Antimicrobial products covered under (3) If you are a refiller of a pesticide paragraph (d) of this section are subject * * * * * (c) When do I have to comply? As of product and you are not a registrant of to the regulations indicated in that August 16, 2011, any pesticide product the pesticide product, § 165.45(a)(2) section. repackaged into a refillable container provides an exemption from some of the (g) What does ‘‘pesticide product’’ or and released for shipment by you must requirements in § 165.45(a)(1). ‘‘pesticide’’ mean in the rest of this have been repackaged in compliance (c) When do I have to comply? As of subpart? In § 165.43(h) through with the regulations of this subpart. August 16, 2011, any pesticide product § 165.47, the term ‘‘pesticide product’’ or ‘‘pesticide’’ refers only to a pesticide 18. Amend § 165.63 by revising packaged in a refillable container and paragraph (d)(1) to read as follows: released for shipment by you must be product or a pesticide that is subject to packaged in a refillable container that the regulations in this subpart as § 165.63 Scope of pesticide products complies with the regulations of this described in paragraphs (a) through (f) included. subpart. of this section. * * * * * 15. Amend § 165.43 by revising the * * * * * (d) * * * (1) An antimicrobial introductory text of paragraphs (c) and 16. Amend § 165.45 by revising swimming pool product that is not (d), the heading of paragrph (e), the paragraphs (a)(1) and (b), to read as exempt by paragraph (a), (b), or (c) of introductory text of pararaph (e)(1), and follows: this section must comply with all of the

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33047

regulations in this subpart except for the following requirements:

Requirement for registrants who Requirement for Requirement distribute or sell refillers who are directly in refillable not registrants containers

Recordkeeping specific to each instance of repackaging § 165.65(i)(2) § 165.70(j)(2)

Container inspection: criteria regarding a serial number or other identifying code § 165.65(e)(2) § 165.70(f)(2)

Container inspection: criteria regarding one-way valve or tamper-evident device § 165.65(e)(3) § 165.70(f)(3)

Cleaning requirement: criteria regarding one-way valve or tamper-evident device § 165.65(f)(1) § 165.70(g)(1)

Cleaning if the one-way valve or tamper-evident device is not intact § 165.65(g) § 165.70(h)

* * * * * user who intends to use or apply the flotation in the event that the secondary 19. Amend § 165.65 by revising product. containment unit fills with liquid. paragraph (i)(2)(iii) to read as follows: * * * * * * * * * * (f) * * * § 165.65 Registrants who distribute or sell (e) * * * pesticide products in refillable containers. (5) * * * (3) The storage area for stationary (i) The written contract referenced in containers of dry pesticides must * * * * * include a floor that extends completely (i) * * * paragraph (b)(3) of this section from the pesticide product’s registrant. beneath the pallets or raised concrete (2) * * * platforms on which the stationary dry (iii) The serial number or other * * * * * pesticide containers must be stored. identifying code of the refillable (j) * * * (4) The storage area for stationary container. (2) * * * containers of dry pesticides must be 20. Amend § 165.67 by revising (iii) The serial number or other enclosed by a curb a minimum of 6 paragraphs (b)(2)(ii) and (d) to read as identifying code of the refillable inches high that extends at least 2 feet follows: container. beyond the perimeter of the container. § 165.67 Registrants who distribute or sell 22. Amend § 165.80 by revising 24. Amend § 165.87 by revising pesticide products to refillers for paragraph (b)(1) to read as follows: paragraphs (a)(3), (d) and (f)(3); and by repackaging. adding paragraph (f)(4) to read as § 165.80 General provisions. * * * * * follows: * * * * * (b) * * * (b)* * * § 165.87 Design and capacity (2) * * * requirements for existing structures. (1) Refilling establishments who (ii) The pesticide product is (a) * * * repackage agricultural pesticides and repackaged by a refilling establishment (3) The containment structure must be registered with EPA as required by whose principal business is retail sale made of materials compatible with the § 167.20 of this chapter at the site of a (i.e., more than 50% of total annual pesticides stored. In this case, user who intends to use or apply the revenue comes from retail operations). compatible means to withstand product. * * * * * anticipated exposure to stored or * * * * * 23. Amend § 165.85 by revising transferred substances and still provide (d) When must I provide the written paragraphs (a)(3), (d) and (f)(3); and by containment of those same or other contract to the refiller? If you allow a adding paragraph (f)(4) to read as substances within the containment area. refiller to repackage your product as follows: * * * * * specified in paragraph (b) of this section § 165.85 Design and capacity (d) For existing stationary liquid you must provide the written contract requirements for new structures. pesticide containment, what are the referenced in paragraph (b)(3) of this specific design requirements? You must section to the refiller before you (a) * * * either anchor or elevate each stationary distribute or sell the pesticide product (3) The containment structure must be liquid pesticide container protected by to the refiller. made of materials compatible with the an existing secondary containment unit pesticides stored. In this case, to prevent flotation in the event that the * * * * * compatible means to withstand 21. Amend § 165.70 by revising secondary containment unit fills with anticipated exposure to stored or paragraphs (b)(2)(ii), (e)(5)(i), and liquid. transferred substances and still provide (j)(2)(iii) to read as follows: * * * * * containment of those same or other (f) * * * § 165.70 Refillers who are not registrants. substances within the containment area. (3) The storage area for stationary * * * * * * * * * * containers of dry pesticides must (b) * * * (d) For new stationary liquid pesticide include a floor that extends completely (2) * * * containment, what are the specific beneath the pallets or raised concrete (ii) The pesticide product is design requirements? You must either platforms on which the stationary dry repackaged by a refilling establishment anchor or elevate each stationary liquid pesticide containers must be stored. registered with EPA as required by pesticide container protected by a new (4) The storage area for stationary § 167.20 of this chapter at the site of a secondary containment unit to prevent containers of dry pesticides must be

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33048 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

enclosed by a curb a minimum of 6 that expected to be provided by the Department’s offices at the above inches high that extends at least 2 feet Federal regulations in this subpart. address. beyond the perimeter of the container. * * * * * FOR FURTHER INFORMATION CONTACT: 25. Amend § 165.90 by revising [FR Doc. E8–12843 Filed 6–10–08; 8:45 am] Essey Workie, OCSE Division of Policy, paragraphs (a)(2), (b)(1), (b)(2), and BILLING CODE 6560–50–S (202) 401–9386. Deaf and hearing (b)(3) to read as follows: impaired individuals may call the § 165.90 Operational, inspection and Federal Dual Party Relay Service at 1– maintenance requirements for all new and DEPARTMENT OF HEALTH AND 800–877–8339 between 8 a.m. and 7 existing containment structures. HUMAN SERVICES p.m. Eastern Time. (a) * * * Office of Child Support Enforcement SUPPLEMENTARY INFORMATION: (2) Ensure that pesticide spills and Statutory Authority leaks on or in any containment structure 45 CFR Parts 309 and 310 are collected and recovered in a manner This notice of proposed rulemaking is that ensures protection of human health RIN 0970–AC32 published under the authority granted to the Secretary (the Secretary) of the and the environment (including surface Computerized Tribal IV–D Systems and Department of Health and Human water and groundwater) and maximum Office Automation practicable recovery of the pesticide Services (the Department) by section spilled or leaked. Cleanup must occur AGENCY: Office of Child Support 1102 of the Social Security Act (the no later than the end of the day on Enforcement (OCSE), Administration for Act), 42 U.S.C. 1302. Section 1102 of the which pesticides have been spilled or Children and Families, Department of Act authorizes the Secretary to publish leaked except in circumstances where a Health and Human Services (HHS). regulations, not inconsistent with the reasonable delay would significantly ACTION: Notice of proposed rule making Act, which may be necessary for the reduce the likelihood or severity of (NPRM). efficient administration of the Title IV- adverse effects to human health or the D program. environment. SUMMARY: This proposed rule would This proposed rule also is published * * * * * enable Tribes and Tribal organizations in accordance with section 455(f) of the currently operating a comprehensive (b) * * * Act. Section 455(f) of the Act requires Tribal Child Support Enforcement the Secretary to issue regulations (1) Inspect each stationary pesticide program under Title IV–D of the Social governing grants to Tribes and Tribal container and its appurtenances and Security Act (the Act) to apply for and organizations operating child support each containment structure at least receive direct Federal funding for the enforcement programs. monthly during periods when pesticides costs of automated data processing. This are being stored or dispensed on the proposed rule addresses the Secretary’s Background containment structure. Your inspection commitment to provide instructions and Prior to enactment of the Personal must look for visible signs of wetting, guidance to Tribes and Tribal Responsibility and Work Opportunity discoloration, blistering, bulging, organizations on requirements for Reconciliation Act of 1996 (PRWORA; corrosion, cracks or other signs of applying for, and upon approval, Pub. L. 104–193), Title IV–D of the Act damage or leakage. securing Federal Financial Participation placed authority to administer the (2) Initiate repair to any areas showing (FFP) in the costs of installing, delivery of IV–D services solely with visible signs of damage and seal any operating, maintaining, and enhancing States. PRWORA authorized the cracks and gaps in the containment automated data processing systems. Secretary to provide direct funding to structure or appurtenances with DATES: Consideration will be given to Tribes and Tribal organizations to material compatible with the pesticide written comments received by August operate child support enforcement being stored or dispensed no later than 11, 2008. programs under Title IV–D and to the end of the day on which damage is ADDRESSES: Written comments should promulgate implementing regulations. noticed and complete repairs within a be submitted to the Office of Child On August 21, 2000 the Tribal Child time frame that is reasonable, taking Support Enforcement, Administration Support Enforcement Program notice of into account the availability of cleanup for Children and Families, Department proposed rulemaking (NPRM) was materials, trained staff, and equipment. of Health and Human Services, 370 published in the Federal Register (65 (3) Not store any additional pesticide L’Enfant Promenade, SW., 4th Floor, FR 50800). In 1998, the Federal Office on a containment structure if the Washington, DC 20447, Attention: of Child Support Enforcement (the structure fails to meet the requirements Director, Division of Policy, Mail Stop: Office) conducted a series of six Nation- of this subpart until suitable repairs OCSE/DP. to-Nation consultations with Indian have been made. A copy of this regulation may be Tribes, Tribal organizations and other 26. Amend § 165.97 by revising downloaded from http:// interested parties with the goal of paragraph (b)(1) to read as follows: www.regulations.gov. You may also obtaining Tribal input prior to transmit written comments publishing the NPRM. The § 165.97 States with existing containment programs. electronically via the Internet. To consultations were designed to solicit transmit comments electronically access Tribal input prior to drafting the Federal * * * * * https://www.regulations.acf.hhs.gov and regulations. The government-to- (b) * * * follow the instructions provided. You government consultations were very (1) The State must submit a letter and may also submit comments by telefaxing useful in identifying key issues and any supporting documentation to EPA. to (202) 260–5980. This is not a toll-free evaluating policy options. The issues Supporting documentation must number. raised most frequently included Tribal demonstrate that the State’s program is Comments will be available for public sovereignty, jurisdiction, full faith and providing environmental protection inspection Monday through Friday, 8:30 credit, access to automated Federal equivalent to or more protective than a.m. to 5 p.m. on the 4th floor of the locate and enforcement processes and

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33049

automated systems, paternity CFR Part 310 would establish a basic maintenance, and enhancement of a establishment and funding. regulatory structure for installation, Model Tribal System as defined in and While the Office was familiar with the operation, maintenance, and meeting the requirements of Part 310. functionality contained in State systems enhancement of Computerized Tribal The Model Tribal System was and the degree of sophistication of those IV–D Systems and Office Automation. developed by the Office in collaboration systems, it had no similar experience This NPRM also proposes to revise with comprehensive Tribal IV–D with the need for or availability of § 309.145(h) which governs allowable programs to encompass those aspects of automation at the Tribal level. We costs for automated data processing the Tribal child support program received numerous comments on the computer systems and Office administration and case processing for NRPM indicating that automation was Automation associated with the Tribal which automation is deemed to be necessary and that without automation, IV–D program. This NPRM applies only essential. Paragraph (h)(2) would it would be impossible for Tribes to to Tribes and Tribal organizations that authorize FFP for costs related to Model accurately and efficiently process child operate comprehensive CSE programs Systems installed by Tribal IV–D support collections and that the costs under § 309.65(a); this NPRM does not systems. Current paragraph (h) does not for development of automated programs apply to Tribal CSE programs that are address funding for costs associated should be allowable for Federal currently in the start-up phase of with the Model Tribal System. We Financial Participation (FFP) for Tribal development. discuss the Model Tribal System IV–D programs. While we agree that concept and requirements in detail automated data processing systems are Discussion of Regulatory Provisions under the explanation of Part 310. The helpful for recordkeeping, monitoring The following is a discussion of all decision to develop a Model Tribal and high speed processing in child the regulatory provisions included in System was based on the need for a support enforcement cases, the final this NPRM. The discussion follows the cost-effective, efficient means of rule allows FFP only for limited order of regulatory text, addressing each delivering automation to greatest automated systems and Office subpart and section in turn. number of Tribal IV–D programs in the Automation expenditures. See 45 CFR most timely manner possible. 309.145(h). We stated in our response to Part 309—Tribal Child Support Proposed paragraph (h)(3) is identical comments to the final rule (65 FR at Enforcement (IV–D) Program to current paragraph (h)(3) under which 16652) that we had begun consideration Section 309.145 What costs are FFP is available for the costs associated with stakeholders of appropriate allowable for Tribal IV–D programs with procurement, installation, minimum Tribal systems automation carried out under § 309.65(a) of this operation and maintenance of essential specifications in anticipation of Tribal Part? Office Automation capability. IV–D programs moving toward high- Paragraph (h)(4) is almost identical to speed automated data processing. A Currently, § 309.145(h) addresses the current paragraph (h)(4) except for Federal/Tribal workgroup was convened authorized, limited costs related to the addition of reference to Reasonable and considered such automation issues Tribal IV–D programs’ automation. We Costs at the end of the paragraph. The as compatibility, scale, functionality propose to amend § 309.145(h) to term Reasonable Cost is addressed later and costs, with a goal of developing a expand allowable activities and costs in this preamble and would mean a cost Model Tribal System, designed by the incurred by comprehensive Tribal IV–D that, in nature and amount, does not Office to allow comprehensive Tribal programs to include the installation, exceed that which would be incurred by IV–D agencies to effectively and operation, maintenance and a prudent person under the efficiently automate Tribal child enhancement of Model Tribal Systems circumstances prevailing at the time the support enforcement operations. and Office Automation. decision was made to incur the cost. This proposed rule sets forth Proposed paragraph (h)(1) is almost Therefore, under proposed paragraph requirements for comprehensive Tribal identical to the language in current (h)(4), FFP would be available for costs IV-D programs that must be met in order paragraph (h)(1) under which Federal associated with the establishment of for Tribes and Tribal organizations to funding at the applicable matching rate Intergovernmental Service Agreements receive direct funding under section under § 309.130(c) is available for the with a State and another comprehensive 455(f) of the Act for automated data costs of planning efforts in the Tribal IV–D agency for access to the processing systems. identification, evaluation, and selection State or other Tribe’s existing automated of an automated data processing data processing computer system to Scope of Rulemaking computer system solution meeting the support Tribal IV–D program Current regulations at 45 CFR part 309 program requirements defined in a operations, and Reasonable Costs establish the requirements that Tribes Tribal IV–D plan and the automated associated with use of such a system. and Tribal organizations must meet to systems requirements in Part 310. The The decision provides Tribal IV–D demonstrate the capacity to operate a applicable matching rate as defined in programs greater flexibility in their child support enforcement program § 309.130(c) would be ninety percent for acquisition of automation to support which meets the objectives of section comprehensive Tribal IV–D programs their administrative and case processing 455(f) of the Act, including that are operating within the first three- requirements. establishment of paternity, year period of Federal funding; the We have added a new paragraph establishment, modification, and applicable matching rate for (h)(5) that would allow FFP in the costs enforcement of support orders, and comprehensive Tribal IV–D programs of operation and maintenance of an location of absent parents. operating in all periods following the existing Tribal automated data We propose to amend the Federal first three-year period would be eighty processing system designed, developed, child support regulations at 45 CFR Part percent.) We have only added a installed or enhanced entirely with 310, Comprehensive Tribal Child reference to the proposed Part 310 Tribal funds if the software ownership Support Enforcement (CSE) Programs which addresses automated systems rights and license requirements in which are obsolete, to address requirements. proposed § 310.25(c) are met. As Computerized Tribal IV–D Systems and Paragraph (h)(2) would allow FFP for proposed under Part 310, Office Automation. As proposed, 45 costs of installation, operation, comprehensive Tribal IV–D programs

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33050 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

are free to develop automated systems the installation, operation, maintenance, machines so interconnected and entirely funded by the Tribe. Under and enhancement of Computerized interacting as to minimize the need for proposed paragraph (h)(5), we would Tribal IV–D Systems and Office human assistance or intervention. A allow FFP for operation and Automation; the conditions that apply Computerized Tribal IV–D System maintenance costs of such systems to acquisitions of Computerized Tribal would be: under one condition: The Tribe or IV–D Systems; and the accountability (i) The Model Tribal System; or Tribal organization must have the and monitoring of Computerized Tribal (ii) Access to and use of a State or software ownership rights and must IV–D Systems. another comprehensive Tribal IV–D meet license requirements in proposed agency’s existing automated data Section 310.1 What definitions apply processing computer system through an § 310.25(c). This condition is necessary to this Part? because proprietary software, when Intergovernmental Service Agreement, purchased from vendors, typically Paragraph (a) of this section of the as allowable under this proposed rule. remains the sole possession of the proposed rule includes definitions of By definition, the term Computerized vendor. Any modifications or upgrades terms used in Part 310. In drafting this Tribal IV–D System would be limited to that are necessitated by changes in section, we have defined those terms the above two system designs and regulation or statute would require a used in the proposed rule that must be would not include any alternative financial outlay if the program were understood consistently by all who use system of Automatic Data Processing. only leasing the software. It is important these rules. We determined that the term that a Tribal IV–D program be in a The first definition in this proposed Computerized Tribal IV–D System position to make changes to software rule is Automated Data Processing would include only the Model Tribal without the need for going through a Services (ADP Services) which means System or access to an existing IV–D services for installation, maintenance, vendor, and that any such software, automated data processing computer operation, and enhancement of ADP funded in whole or part with FFP, be system based on historical experience equipment and software performed by a freely available to the Federal with the high cost and complexity of the comprehensive Tribal IV–D agency or development of multiple State systems government to use and authorize others for that agency through a Service and the challenges that emerge from to use for government purposes. Agreement or other contractual operating systems with divergent Existing paragraph (h)(5) would be relationship with a State, another Tribe designs. renumbered (h)(6) and FFP would or private sector entity. This definition The Model Tribal System, defined continue to be authorized for the costs is derived from 45 CFR 95.605 where and discussed later in this preamble, of other automation and automated data requirements for FFP in the costs of was designed to meet the expressed processing computer system costs in Automatic Data Processing Equipment needs of comprehensive Tribal IV–D accordance with instructions and and services are addressed. The agencies in the most effective and cost guidance issued by the Secretary. definition for the term ADP Services is efficient manner. In developing the Part 310—Computerized Tribal IV–D essential to the proposed Part 310 Model Tribal System, the Office Systems and Office Automation because it modifies the definition consulted with comprehensive Tribal provided in 45 CFR 95.605 to include IV–D agencies and other governmental The proposed regulation revises Part comprehensive Tribal IV–D programs as stakeholders to determine appropriate 310 to address the specific requirements eligible to perform or receive such ADP minimum systems specifications that for comprehensive Tribal IV–D program services. would facilitate high-speed automated automated systems. The Part begins Comprehensive Tribal IV–D agency is data processing capabilities in with a Table of Contents and consists of the second definition in the proposed comprehensive Tribal IV–D operations. the following subparts: rule. Comprehensive Tribal IV–D agency The Model Tribal System is the basis for • Subpart A—General Provisions • means the organizational unit in the a computerized Tribal automated data Subpart B—Requirements for Tribe or Tribal organization that has the processing system, but comprehensive Computerized Tribal IV–D Systems and authority for administering or Tribal IV–D agencies may enhance the Office Automation supervising a comprehensive Tribal IV– Model Tribal System to meet program- • Subpart C—Funding for D program under section 455(f) of the specific needs. Enhancement of the Computerized Tribal IV–D Systems and Act and implementing regulations in Model Tribal System is discussed later Office Automation Part 309. This is an agency meeting all in this preamble. • Subpart D—Accountability and requirements of § 309.65(a) which is not Since some comprehensive Tribal IV– Monitoring of Computerized Tribal IV– in the start-up phase under § 309.65(b). D programs have been successfully D Systems This definition is derived from § 309.05 using State systems, the definition of Subpart A—General Provisions which provides definitions relating to Computerized Tribal IV–D Systems the Tribal Child Support Enforcement would include access to an automated Section 310.0 What does this Part program, such as the phrase Tribal IV– data processing computer system cover? D agency. The term Comprehensive was through an Intergovernmental Service This section summarizes the added to the phrase Tribal IV–D agency Agreement with a State or another conditions for Federal funding of and to further define those Tribal IV–D comprehensive Tribal IV–D agency. requirements governing Computerized agencies that operate a IV–D program Comprehensive Tribal IV–D agencies Tribal IV–D Systems and Office that meets all the requirements in that have been successfully using a State Automation. These include the § 309.65(a). The development of system may continue to do so under an automated systems options for automated systems is not an authorized Intergovernmental Service Agreement. comprehensive Tribal IV–D programs; activity for start-up grantees. Tribal IV–D agencies that have never the functional requirements for the Computerized Tribal IV–D System, the used another State or comprehensive Model Tribal Systems; the security and third definition in this proposed rule, Tribal IV–D agency’s system may enter privacy requirements for Computerized means a comprehensive Tribal IV–D into an Intergovernmental Service Tribal IV–D Systems and Office program’s system of data processing that Agreement authorizing access to that Automation; the conditions for funding is performed by electronic or electrical State or comprehensive Tribal IV–D

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33051

agency’s automated data processing an automated data processing system. in State IV–D programs. That analysis system. Office Automation is not specifically and experience recognizes that The fourth definition in this proposed designed to meet the programmatic and installation of either of the two options rule is Installation, which means the act business needs of an organization. The eligible for FFP that are available to of putting into service ADP equipment term Office Automation is an industry- Tribes under these regulations, namely and software, performing data standard nomenclature, and though the use of the Model Tribal System or conversion, conducting training, and Office Automation is similar to an the use of another State or Tribal IV–D turnover to operation status. This automated data processing system, in agency’s existing automated data definition is derived from 45 CFR that it contains multiple components processing computer system through an 95.605, which addresses the (e.g., operating system software, Intergovernmental Service Agreement, requirements for FFP in the costs of hardware, and networking), it is not an should not reasonably exceed a Automatic Data Processing Equipment ADP system. This definition of Office comprehensive Tribal IV–D agency’s and services, and has been revised to be Automation is taken from OCSE Action total Tribal IV–D program grant award applicable to this proposed rule. This Transmittal 05–02, Systems and for the year in which the request is definition of Installation is relevant Financial Policy Questions and made. because of the need to further clarify Responses to Miscellaneous Issues The ninth definition of this proposed those activities, as described herein, that regarding Provision of 45 CFR Part 309, rule is Service Agreement, which means encompass installation for purposes of the Tribal Child Support Enforcement a document signed by the Tribe or this regulation. Program Final Rule (available at http:// Tribal organization operating a The fifth definition is this proposed www.acf.hhs.gov/programs/cse/pol/AT/ comprehensive Tribal IV–D program rule is Maintenance, which means the 2005/at-05–02.htm). under § 309.65(a) and the State or other totality of activities required to provide Reasonable Cost, the eighth definition comprehensive Tribal IV–D program cost-effective support to an operational in this proposed rule, means a cost that, whenever the latter provides data ADP system. Maintenance is generally in nature and amount, does not exceed processing services to the former and routine in nature and can include that which would be incurred by a identifies those ADP services that the activities such as: Upgrading ADP prudent person under the circumstances State or other comprehensive Tribal IV– hardware, revising/creating new reports, prevailing at the time the decision was D program will provide to the Tribe or making limited data element/database made to incur the cost. In determining Tribal organization. Additionally, a changes, minor data presentation reasonableness with regard to ADP Service Agreement as defined in this changes, and other software corrections. systems cost, consideration would be proposed rule would include the Because maintenance is an allowable given to: following details: cost, the definition is necessary. This (i) Whether the cost is of a type • Schedule of charges for each definition is derived from and is generally recognized as ordinary and identified ADP service and a consistent with policy guidance necessary for the operation of a certification that these charges apply provided by the Office to States in comprehensive Tribal IV–D agency; equally to all users; Action Transmittal 06–03, which is (ii) The restraints or requirements • Description of the method(s) of dated August 11, 2006, and entitled imposed by such factors as: sound accounting for the services rendered Policy Clarifications Relating to business practices; arms-length under the agreement and computing Planning, Design, Development, bargaining; Federal and Tribal laws and services charges; Installation, and Operation of regulations; and terms and conditions of • Assurances that services provided Automated Systems in the Title IV–D any direct federal funding; will be timely and satisfactory; Child Support Enforcement Program (iii) Whether the individual • Assurances that information in the (available at http://www.acf.hhs.gov/ concerned acted with prudence in the computer system as well as access, use programs/cse/pol/AT/2006/at-06– circumstances considering his or her and disposal of ADP data will be 03.htm). responsibilities to the comprehensive safeguarded in accordance with Model Tribal System, the sixth Tribal IV–D agency, its employees, the proposed § 310.15; definition in this proposed rule, means public at large, and the Federal • Beginning and ending dates of the an ADP system designed and developed Government; period of time covered by the Service by the Office for comprehensive Tribal (iv) Market prices for comparable Agreement; and IV–D programs, to include system goods or services; • Schedule of expected total charges specifications and requirements as (v) Significant deviations from the for the period of the Service Agreement. specified in Part 310. The Model Tribal established practices of the This definition is taken from 45 CFR System effectively and efficiently allows comprehensive Tribal IV–D agency 95.605 and is revised to specifically a comprehensive Tribal IV–D agency to which may unjustifiably increase the apply to the needs of comprehensive monitor, account for, and control all cost; and Tribal IV–D programs. The definition of child support enforcement services and (vi) Whether a project’s Total a Service Agreement is a critical activities pursuant to Part 309. This Acquisition Cost as defined in § 95.605 component of this proposed rule, as it definition is derived from stakeholder is in excess of the comprehensive Tribal represents one of the two options for a input solicited by the Office on the IV–D agency’s total Tribal IV–D program Computerized Tribal IV–D System. matter of systems configuration for grant award for the year in which the The tenth definition of this proposed comprehensive Tribal IV–D programs. request is made. rule is Simplified Acquisition Office Automation, which is the The Office has a fiduciary Threshold, which for ADP systems, seventh definition in this proposed rule, responsibility to ensure that the costs equipment, and service acquisitions means a generic adjunct component of associated with Computerized Tribal means a Tribe or Tribal organization’s a computer system that supports the IV–D Systems are reasonable and monetary threshold for determining routine administrative functions in an necessary. This definition of Reasonable whether competitive acquisition rules organization (e.g., electronic mail, word Cost is derived from OMB Circular A– are required for a given procurement or processing, Internet access), as well as 87 and the Office’s historical analysis $100,000, whichever is less. The term similar functions performed as part of and experience with automation efforts Simplified Acquisition Threshold is

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33052 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

used in 45 CFR 92.36(d), which in the daily operations of that do not currently access another references small purchase procedures as comprehensive Tribal IV–D programs. State or comprehensive Tribal IV–D a procurement method for securing To that end, proposed paragraph (a) of agency’s existing automated data items of cost not exceeding the this section allows a comprehensive processing computer system. In Simplified Acquisition Threshold fixed Tribal IV–D agency to have in effect an addition, this option of automating at 41 U.S.C. 403(11) (currently operational computerized support comprehensive Tribal IV–D activities $100,000). This is appropriately adapted enforcement system that meets Federal through the establishment of for this rule because of the need to requirements under Part 310. Intergovernmental agreements provides ensure full and open competition in Paragraph (b) of this section proposes for the flexibility recommended by acquisitions in accordance with 45 CFR that a Computerized Tribal IV–D System workgroup participants. 92.36(c), and to ensure consistency with must be one of the design options In proposed paragraph (c) of this regulations at 45 CFR 95.611(b) discussed below. Under paragraph section, a comprehensive Tribal IV–D governing State ADP acquisitions (b)(1), a comprehensive Tribal IV–D agency may opt to conduct automated funded at enhanced FFP rates of program may automate its case data processing and recordkeeping reimbursement. processing and record-keeping activities through Office Automation. Under proposed paragraph (b) of processes through installation, Allowable activities under this section § 310.1, the following terms apply to operation, maintenance, or include procurement, installation, Part 310 and are defined in 45 CFR enhancement of the Model Tribal operation and maintenance of essential 95.605: Acquisition; Advanced Planning System designed by the Office to Office Automation capability as defined Document (APD); Automatic Data address the program requirements in § 310.1. We deem it important to offer Processing (ADP); Design or System defined in a Tribal IV–D plan in Office Automation as an alternative or Design; Development; Enhancement; accordance with § 309.65(a) and the in addition to Computerized Tribal IV– Federal Financial Participation (FFP); functional requirements in proposed D Systems, as defined in paragraph (b) Operation; Project; Software; and Total § 310.10. As discussed earlier in the above, to ensure that comprehensive Acquisition Cost. Not all sections of Part preamble, we propose automation of Tribal IV–D programs have the 95 are applicable to Tribal IV–D comprehensive Tribal IV–D activities flexibility to operate at the level of programs. These terms are the terms in through the Model Tribal System based automation that best suits their Part 95 that are appropriately applicable on recommendations of a workgroup particular needs. Office Automation to Tribal IV–D programs. The above consisting of Federal and Tribal may include the word processing terms are relevant to the content of this program representatives that considered capabilities needed to produce proposed rule because in applying these factors such as scale, functionality, cost, summonses and petitions. Office definitions from 45 CFR 95.605, a and compatibility with State systems, in Automation may also describe the reasonably consistent approach will be the development of the Model Tribal creation of certain reports or accounting maintained among State, Local and System. Participants in the various spreadsheets that serve to streamline an Tribal grantees with regard to ADP meetings included representatives from otherwise wholly manual business systems acquisitions, while still each of the nine comprehensive Tribal function through the use of macros to maintaining flexibility for Tribes and IV–D agencies. The system merge data and text into a usable Tribal organizations to determine their specifications and minimum essential management productivity tool. Office own best solution to automating their functions of the Model Tribal System Automation components may include comprehensive Tribal IV–D program. correspond with the feedback we some or all of the following elements: We intend to issue a technical received from comprehensive Tribal IV– Personal computers and workstations; assistance document that contains all D programs and other governmental networking and application servers; relevant systems requirements and stakeholders. telecommunications and network wiring Under paragraph (b)(2), we propose definitions to ensure Tribal programs to connect the computers in a unified that a comprehensive Tribal IV–D have in one document all relevant network environment; Network program may elect to automate its case Operating System (NOS) and definitions. processing and record-keeping Paragraph (c) of § 310.1 of the workstation and personal computer processes through the establishment of proposed rule cross-references all operating system software, such as Intergovernmental Service Agreements  definitions of terms that apply to Tribal Microsoft Windows XP or Red Hat with a State or another comprehensive  IV–D programs as detailed in § 309.05 Linux ; office productivity software, Tribal IV–D agency for access to that  because these terms are also applicable such as Microsoft Office , Microsoft agency’s existing automated data   in Part 310. These definitions would Project or WordPerfect ; and processing computer system to support also be included in our technical electronic mail and Internet access comprehensive Tribal IV–D program services, such as T–1, DSL, or 56K dial- assistance document as mentioned operations. up (e.g., AOL and EarthLink). above. A Computerized Tribal IV–D System In full recognition of Tribal Subpart B—Requirements for implemented under a Service sovereignty, proposed paragraph (d) of Computerized Tribal IV–D Systems and Agreement as defined in proposed § 310.5 affirms that a comprehensive Office Automation § 310.1 would be in line with the Tribal IV–D agency may design, existing allowable activities permitted develop, procure, or enhance an Section 310.5 What options are in § 309.145(h)(4). We recognize that automated data processing system available for Computerized Tribal IV–D some comprehensive Tribal IV–D funded entirely with Tribal funds. An Systems and Office Automation? programs have been successfully using automated data processing system This section of the proposed rule sets State systems prior to this proposed rule funded entirely with Tribal funds would forth options available to and we consider it important to allow not be obligated to meet the comprehensive Tribal IV–D agencies for continuation of those efforts, as well as requirements detailed in this proposed the purpose of automating Tribal IV–D establishment of similar rule, although a comprehensive Tribal activities. We recognize the importance Intergovernmental Service Agreements IV–D agency may determine to adopt all and benefits of integrating automation by comprehensive Tribal IV–D programs or some of the system specifications

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33053

laid-out in this proposed rule in order processing unit such as locate or which can be a time-consuming and to facilitate as much consistency in paternity establishment units, burdensome task for comprehensive State and comprehensive Tribal IV–D caseworker notifications, Case Tribal IV–D programs. Additionally, automated data processing systems as Identification Numbers; and Participant automated distribution of collections possible. Identification Numbers), delinquency would facilitate more efficient and cost- and enforcement activities, intra-tribal, effective communications in intra-tribal Section 310.10 What are the functional intergovernmental, and Federal location and intergovernmental case processing. requirements for the Model Tribal IV–D of the putative father and noncustodial In paragraph (e)(1) we propose that system? parents, the establishment of paternity, the Model Tribal IV–D system must In this proposed section, we identify the establishment of support maintain, process and monitor accounts the minimum functional requirements obligations, and the payment and status receivable on all amounts owed, which a comprehensive Tribal IV–D of current support obligations and collected, and distributed with regard to agency must meet in the operation of a arrearage accounts; and detailed payment histories that include Model Tribal IV–D System. • (4) Maintaining data on case actions the amount of each payment, date of Comprehensive Tribal IV–D agencies administered by both the initiating and each collection, method of payment, that have elected to automate case responding jurisdictions in distribution of payments and date of processing and record-keeping activities intergovernmental cases. each disbursement. Under proposed through a manner other than the Model The actions described above are paragraph (e)(2), the Model Tribal IV–D Tribal System, as defined in § 310.1 of essential elements of automated case system must have the capacity to this Part, would not be subject to the processing which are necessary to meet perform automated income withholding requirements presented in this section the fundamental objectives of the Tribal activities such as recording and of the proposed rule. Child Support Enforcement program, maintaining any date the noncustodial The system requirements discussed in including establishing paternity, parent defaults on payment of the this proposed section are based on the establishing and enforcing support support obligation in an amount equal functional requirements for orders, and collecting child support to the support payable for one month, computerized support enforcement payments. generating the Standard Federal Income systems regulated in §§ 307.10 and Under paragraph (b), we propose that Withholding Form and allocating 307.11 for State IV–D programs. a Model Tribal IV–D system must amounts received by income Determination of which proposed update, maintain and manage all IV–D withholding according to §§ 309.110 functional requirements should be cases under the Tribal IV–D plan from and 309.115, which respectively cover mandatory in a Model Tribal IV–D initial application or referral through procedures governing income system is based on careful examination collection and enforcement including withholding and distribution of child of State automated systems, Tribal IV– any events, transactions, or actions support collections as specified in each D program regulations, and cost- taken therein. This requirement is Tribal IV–D plan. These proposed effectiveness analyses, as well as strong especially critical in relation to functional requirements would provide consideration of which comprehensive proposed Subpart D, § 310.40 which comprehensive Tribal IV–D agencies Tribal IV–D activities would benefit addresses accountability and monitoring with an accurate and complete record of most from automation, given the varying procedures for Computerized Tribal IV– all accounts receivable and income sizes of eligible Tribes and Tribal D Systems. withholding activities concerning organizations. Additionally, the We propose under paragraph (c) of amounts owed, collected, and proposed functional requirements this section to require a Model Tribal distributed in connection with child specified in this section reflect IV–D system to record and report any support payments. deference for Tribal Sovereignty. fees collected, either directly or by Proposed paragraph (f) of § 310.10 Paragraph (a) of § 310.10 proposes interfacing with State or Tribal financial requires that a Model Tribal IV–D that a Model Tribal IV–D system must management and expenditure system maintain and automatically accept, maintain and process the actions information. The Model Tribal IV–D generate data necessary to meet Federal in the child support collection and system, as proposed in this section, reporting requirements on a timely basis paternity determination processes under must have the capacity to record and as prescribed by the Office. At a the Tribal IV–D plan, including the report costs of any fees collected to help minimum this would include (1) yearly following: ensure accurate and complete notices on support collected, which are • (1) Identifying information such as accounting of expenditures under a itemized by month of collection and Social Security numbers, names, dates Tribal IV–D program that are funded in provided to families receiving services of birth, home addresses and mailing part with Federal funds. under the comprehensive Tribal IV–D addresses (including postal zip codes) Proposed paragraph (d) of this section program as required in § 309.75(c), to all on individuals against whom paternity requires that a Model Tribal IV–D case participants regarding support and support obligations are sought to be system must have minimum system collections; and (2) reports submitted to established or enforced and on specifications which allow for the the Office for program monitoring and individuals to whom support distribution of current support and program performance as required in obligations are owed, and other data as arrearage collections in accordance with § 309.170. Without the proposed Model required by the Office; Federal regulations at § 309.115 and Tribal IV–D system, comprehensive • (2) Verifying information on Tribal laws. We consider distribution of Tribal IV–D agencies would rely on individuals referred to in § 310.10(a)(1) collected child support payments to be manual systems or Office Automation to with Tribal, Federal, State and local one of the comprehensive Tribal IV–D manage the Federal reporting agencies, both intra-tribal and activities that would benefit most from requirements and payment records intergovernmental; automation. Automated distribution of which require meticulous attention to • (3) Maintaining information collections would ensure families detail. Reliance on manual accounting pertaining to applications and referrals receive the support owed to them and systems risks human error that can harm for Tribal IV–D services (including case minimize the need for manual families and jeopardize Federal funding. records, referrals to the appropriate processing of child support payments, This proposed functional requirement is

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33054 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

in response to comments reported in the Section 310.15 What are the Office Automation, the IV–D program as Final Rule of the Tribal Child Support safeguards and processes that a whole and the personal data Enforcement Program published on comprehensive Tribal IV–D agencies concerning the individuals we serve. March 30, 2004 (69 FR 16638), which must have in place to ensure the Paragraph (b) of this proposed section indicated that Tribes and Tribal security and privacy of Computerized requires that the comprehensive Tribal organizations would benefit from a Tribal IV–D Systems and Office IV–D agency monitor routine access to sophisticated computer system to track Automation? and use of the Computerized Tribal IV– individual accounts and provide This proposed section details the D System and Office Automation required notices of child support safeguarding requirements that a through methods such as audit trails collections to families served by the IV– comprehensive Tribal IV–D agency, and feedback mechanisms to guard D program. which is using a Computerized Tribal against, and promptly identify unauthorized access or use. This Under paragraph (g) of this section, IV–D System or Office Automation, must have in place to ensure the proposed safeguard is consistent with we propose that a Model Tribal IV–D security and confidentiality of the security and privacy measures system be required to provide information accessible through Federal, required in the State computerized automated processes to enable the State, and Tribal sources. This section is support enforcement systems found in Office to monitor Tribal IV–D program taken from § 307.13 which addresses § 307.13 and is an appropriate aspect of operations and to assess program security and confidentiality for State information security. performance through the audit of computerized support enforcement We propose in paragraph (c) of this financial and statistical data maintained systems and is revised to apply to section that the comprehensive Tribal by the system. This requirement is automation for comprehensive Tribal IV–D agency have procedures to ensure especially critical in relation to IV–D programs. that all personnel, including Tribal IV– proposed Subpart D, § 310.40 which Under paragraph (a) of this section, D staff and contractors, who may have addresses accountability and monitoring the comprehensive Tribal IV–D agency access to or be required to use procedures for Computerized Tribal IV– must safeguard the integrity, accuracy, confidential program data in the D Systems. completeness, access to, and use of data Computerized Tribal IV–D System and Office Automation are adequately In proposed paragraph (h) of this in the Computerized Tribal IV–D System and Office Automation. The trained in security procedures. This section, the Model Tribal IV–D system proposed safeguard is consistent with must provide security to prevent Tribal IV–D agency should ensure that the Computerized Tribal IV–D Systems the security and privacy measures unauthorized access to, or use of, the and Office Automation comply with the required in the State computerized data in the system as detailed in requirements of the Federal Information support enforcement systems in proposed § 310.15 discussed below. Security Management Act and the § 307.13 and is equally critical to Tribal This requirement is necessary because Privacy Act. These safeguards must automated systems. Staff members and comprehensive Tribal IV–D agencies include written policies and procedures contractors of comprehensive Tribal IV– may receive sensitive, personal concerning (1) periodic evaluations of D agencies using the Computerized information from Federal, State, or the system for risk of security and Tribal IV–D System or Office Tribal locate sources in inter- privacy breaches; (2) procedures to Automation should demonstrate governmental cases or from parents allow Tribal IV–D personnel controlled knowledge of strategies that would seeking the Tribal IV–D program’s access and use of IV–D data (including ensure the security and privacy of assistance in securing support for (i) specifying the data which may be sensitive information to meet their children. In the current age of identity used for particular IV–D program responsibility to provide services and theft, electronic record keeping and purposes and the personnel permitted store information in the automated concerns for personal privacy, Federal, access to such data as well as (ii) systems or Office Automation. State and Tribal programs are entrusted permitting access to and use of data for In paragraph (d) of this section, we with personal information critical to the purpose of exchanging information propose that the comprehensive Tribal IV–D agency have administrative accomplish the goals of those programs. with State and Tribal agencies penalties, including dismissal from It is imperative that governments administering programs under titles IV– employment, for unauthorized access to, safeguard personal data to ensure A, IV–E and XIX of the Act to the extent necessary to carry out the disclosure or use of confidential privacy and maintain the public trust. information. This aspect of the security For the aforementioned reasons, the comprehensive Tribal IV–D agency’s responsibilities with respect to such and privacy safeguarding requirements Model Tribal System must meet security reflects our position that security and and privacy requirements set forth in programs); (3) maintenance and control of application software program data; (4) privacy of child support enforcement- § 310.15. We also would emphasize that related information is paramount to the no Federal Tribal IV–D program mechanisms to back-up and otherwise protect hardware, software, documents, integrity of the system and as such must requirement obligates comprehensive and other communications; and (5) include administrative sanctions. Tribal IV–D agencies to disclose, or mechanisms to report (to the otherwise make accessible, their Tribal Subpart C—Funding for Computerized Department of Homeland Security) and Tribal IV–D Systems and Office enrollment records for the purposes of respond to breaches of personally Automation providing child support enforcement identifiable information. We recognize services or automating child support the child support enforcement Section 310.20 What are the enforcement activities. community has a duty to protect the conditions for funding the installation, information accessible through IV–D operation, maintenance and resources. Consequently, we deem the enhancement of Computerized Tribal above safeguards to be invaluable IV–D Systems and Office Automation? strategies in ensuring the security of This section of the proposed rule Computerized Tribal IV–D Systems, would establish conditions that must be

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33055

met in order for a comprehensive Tribal programs operating in all periods subparagraph (ii), the comprehensive IV–D agency to obtain Federal funding following the first three-year period Tribal IV–D agency must ensure that (A) in the costs of installation, operation, would be eighty percent.) the Service Agreement for which FFP is maintenance and enhancement of Paragraph (a)(1) would state that a being sought meets the definition of a Computerized Tribal IV–D Systems and comprehensive Tribal IV–D agency must Service Agreement as defined in Office Automation. This section is have submitted, and the Office must proposed § 310.1; (B) claims for FFP derived from §§ 307.15 and 307.20, have approved, an APD for the conform to the timely claim provisions governing State automated systems, and installation and enhancement of a of 45 CFR Part 95, Subpart A; and (C) is appropriately revised to specifically Computerized Tribal IV–D System. the Service Agreement was not apply to the needs of comprehensive Under paragraph (a)(2), an APD for previously disapproved by the Tribal IV–D programs. Sections 307.15 installation of a Computerized Tribal Department. In deriving from 45 CFR and 307.20, respectively, address IV–D System must (i) represent the sole Part 95 Subpart A the requirements to conditions for approval of Advance systems effort being undertaken by the be met to obtain FFP in the cost of Planning Documents (APD) and comprehensive Tribal IV–D agency access to another State or Tribal IV–D submittal of APDs for State under part 310; (ii) describe the program’s ADP system, we are ensuring computerized support enforcement projected resource requirements for a common understanding and systems. Proposed § 310.20 addresses staff, hardware, software, network consistency of approach to securing, procedures for submittal of an APD to connections and other needs and the documenting and maintaining FFP the Department. The Office uses the resources available or expected to be approval of such intergovernmental APD process to help meet its fiduciary available to meet the requirements; (iii) cooperative agreements. In addition to responsibility to ensure that the costs contain a proposed schedule of project the requirements proposed above, under associated with all ADP systems milestones with detail sufficient to paragraph (a)(4), the following acquisitions, including Computerized describe the tasks, activities, and conditions must be met in order for a Tribal IV–D Systems, are reasonable and complexity of the initial comprehensive Tribal IV–D agency to necessary. Just as the Office requires implementation project; (iv) contain a obtain FFP in the costs of enhancements States to request funding in an APD for proposed budget including a description to its Computerized Tribal IV–D System: acquisition of a computerized child of expenditures by category and amount (i) The project’s Total Acquisition Cost support enforcement system, for items related to installing, operating, cannot exceed the comprehensive Tribal documenting such factors as project maintaining, and enhancing the IV–D agency’s total Tribal IV–D program cost, risk, resources, and schedule, those Computerized Tribal IV–D System that grant award for the year in which the same factors equally apply to the are eligible for Federal funding at the acquisition request is made; and (ii) the Office’s review and approval of the applicable matching rate under APD budget, schedule and commitment installation, operation, maintenance and § 309.130(c); and (v) contain a statement to use the Computerized Tribal IV–D enhancement of Computerized Tribal that the comprehensive Tribal IV–D System for a specified minimum period IV–D Systems. For this reason, the APD agency agrees in writing to use the of time must be updated to reflect the process is incorporated to this proposed Computerized Tribal IV–D System for a enhancement project. These additional rule as applicable and necessary to minimum period of time. This last APD requirements to obtain FFP in the acquisitions of such systems in requirement, to agree in writing to use cost of enhancements to an existing the Computerized Tribal IV–D System comprehensive Tribal IV–D programs. Computerized Tribal IV–D System for a minimum period of time, is reflect the need to ensure both The proposed content of paragraph (a) derived from 45 CFR 95.619. Under continued cost reasonableness and provides instructions for preparing an § 95.619, ADP systems designed, ongoing return on investment given a APD, streamlines the APD application developed, or installed with FFP shall Computerized Tribal IV–D System’s process, and distinguishes between be used for a period of time specified in increased Total Acquisition Cost. activities that require an APD the advance planning document, unless Paragraph (a)(5) of § 310.20 proposes submission and those that only require the Department determines that a that to receive FFP in the costs of the submission of annual budgets in shorter period is justified. The operation and maintenance of a accordance with § 309.15(c). Proposed requirement for the APD to contain an Computerized Tribal IV–D System paragraph (a) lays out conditions that agreement by a Tribal IV–D program to installed under proposed § 310.20 or must be met for FFP in the costs of use the Computerized Tribal IV–D developed under proposed installation, operation, maintenance, System for a minimum period of time § 309.145(h)(5), which refers to a Tribal and enhancement of a Computerized assures both the Federal and Tribal automated data processing system that Tribal IV–D System at the applicable governments of a reasonable return on is funded entirely with Tribal funds, the matching rate under § 309.130(c). (The investment relative to the Total comprehensive Tribal IV–D agency must applicable matching rate as defined in Acquisition Cost of the Computerized include operation and maintenance § 309.130(c) refers to the total amount of Tribal IV–D System. costs in its annual Title IV–D program approved and allowable expenditures In addition to the above requirements, budget submission in accordance with for which a comprehensive Tribal IV–D proposed paragraph (a)(3) includes the § 309.15(c) wherein requirements for program would be eligible to receive following conditions which must be met annual budget submissions are detailed. Federal grant funds in the costs of to obtain FFP in the installation costs of In addition, paragraph (a)(6) would administering the Tribal IV–D program, access to a State or another require that in order to receive FFP in including Computerized Tribal IV–D comprehensive Tribal IV–D program’s the costs of the installation, operation, Systems and Office Automation. The ADP system established under an and maintenance of essential Office applicable matching rate would be Intergovernmental Service Agreement: Automation capabilities, the ninety percent for comprehensive Tribal The comprehensive Tribal IV–D agency comprehensive Tribal IV–D agency must IV–D programs that are operating within must (i) maintain a copy of each include such costs in its annual Title the first three-year period of Federal intergovernmental cooperative IV–D program budget submission in funding; the applicable matching rate agreement and Service Agreement in its accordance with § 309.15(c). Currently, for comprehensive Tribal IV–D files for Federal review. Under States maintaining their computerized

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33056 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

IV–D systems in an operations and would ensure that the proper authorities threshold for determining whether maintenance-only mode may close their representing the Tribe or Tribal competitive acquisition rules are APD and thereafter request FFP for their organization agree with the details in required for a given procurement or operation and maintenance costs the APD application documents and $100,000, whichever is less. The through specific line-item submissions that the Program Director and Simplified Acquisition Threshold in their ‘‘Quarterly Report of appropriate Tribal officials are aware of represents the maximum amount of Expenditures and Estimates,’’ (OCSE responsibilities in acquiring automation monies that a comprehensive Tribal Form 396A). Given the efficacy of this for the Tribal IV–D program. IV–D agency may expend without existing procedure used with States, and submitting the subject solicitation Section 310.25 What conditions apply the predictability and general document (RFP, etc.) and resultant to acquisitions of Computerized Tribal reasonableness of such costs, a similar contract to the Office for review and IV–D Systems? process for Tribes to request FFP for written approval prior to its execution. operation and maintenance cost This proposed section details specific As previously stated in the proposed reimbursement is appropriate. conditions that must be met in the rule, this threshold is derived from 45 Therefore, this rule will allow Tribes to acquisition process of Computerized CFR 92.36(d)(1), which references small request FFP in the costs of installation, Tribal IV–D Systems. Comprehensive purchase procedures as a procurement operation, and maintenance of essential Tribal IV–D agencies that have elected method for securing items of cost not Office Automation capabilities, an to automate program activities through exceeding the Simplified Acquisition inherently operational activity, through Office Automation or another Threshold fixed at 41 U.S.C. 403(11) a comprehensive Tribal IV–D agency’s alternative to Computerized Tribal IV–D (currently $100,000). This is Title IV–D program budget submission, Systems as discussed in proposed appropriately adapted for this rule ‘‘Financial Status Report,’’ (OCSE Form § 310.5, would not be subject to the because of the need to ensure full and 296A) in accordance with requirements requirements presented in proposed open competition in acquisitions in listed at § 309.15(c). § 310.25. This section is derived from accordance with 45 CFR 92.36(c), and to The gradated variation in conditions and comparable to § 307.31 and 45 CFR ensure consistency with regulations at that must be met in order to obtain FFP 95.617 which are respectively entitled 45 CFR 95.611(b) governing State ADP in the costs of the activities under this FFP at the 80 Percent Rate for acquisitions funded at enhanced FFP proposed paragraph (a) are designed to Computerized [State] Support rates of reimbursement. reflect the varying automation levels of Enforcement Systems and Software and Beyond just ensuring consistency comprehensive Tribal IV–D agencies. Ownership Rights. with regulations governing State For example, the conditions that a In proposed paragraph (a) of this acquisitions funded at enhanced FFP comprehensive Tribal IV–D agency section entitled APD Approval, a rates, in proposing a Simplified would be required to meet in order to comprehensive Tribal IV–D agency must Acquisition Threshold at $100,000 or obtain FFP in the costs of installing have an approved APD in accordance the threshold set by a Tribe or Tribal Office Automation would be less with the applicable requirements of organization, whichever is less, we involved than the conditions required proposed § 310.20. This paragraph (a) determined that such monies would for a comprehensive Tribal IV–D agency would establish protocol for when a meet the funding needs of the majority that is requesting FFP in the installation comprehensive Tribal IV–D agency may of comprehensive Tribal IV–D agencies costs of accessing a State or another engage in acquisition procedures in the which service moderate caseloads. comprehensive Tribal IV–D program’s purchase of a Computerized Tribal IV– Therefore, under this proposed APD system. Proposed § 310.20 D System. The requirement that a paragraph (b), only those provides comprehensive Tribal IV–D comprehensive Tribal IV–D agency must comprehensive Tribal IV–D agencies agencies with the flexibility to have an approved APD prior to with significantly larger caseloads determine which automation initiating acquisition of a Computerized would likely be impacted by the approaches and application procedures Tribal IV–D System safeguards all requirement to submit RFP’s and best suit the program-specific needs of parties involved by ensuring that contracts to the Office for approval prior that Tribe or Tribal organization. The authorities from the Tribe or Tribal to their respective release or execution provisions in proposed paragraph (a) are organization and the Department are in if they are anticipated to exceed the consistent with Tribal IV–D program agreement about the use, funding, and Simplified Acquisition Threshold. staff input to reduce the burden of the parameters of each comprehensive Proposed paragraph (c)(1) is entitled APD application process. Tribal IV–D agency’s specific plan for Software and Ownership Rights and Provisions under § 310.20(b) would automating case-processing and record- requires that all procurement and describe the required procedures for keeping program activities. contract instruments must include a submittal of an APD. Proposed Under proposed paragraph (b), which clause that provides that the paragraph (b) states that the is entitled Procurements, Requests for comprehensive Tribal IV–D agency will comprehensive Tribal IV–D agency must Proposals (RFP) and similar have all ownership rights to submit an APD for a Computerized procurement documents, contracts, and Computerized Tribal IV–D System Tribal IV–D System to the contract amendments involving costs software or enhancements thereof and Commissioner of the Office, Attention: eligible for FFP, must be submitted to all associated documentation designed, Division of State and Tribal Systems. the Office for approval prior to release developed, or installed with FFP. The APD submitted by the of the procurement document, and prior Intergovernmental Service Agreements comprehensive Tribal IV–D agency must to the execution of the resultant contract are not subject to this requirement. This be approved and signed by the when a procurement is anticipated to or exception for Intergovernmental Service comprehensive Tribal IV–D agency will exceed the Simplified Acquisition Agreements ensures consistent Director and the authorized Threshold. The Simplified Acquisition application of current policy among all representative of the Tribe or Tribal Threshold for ADP systems, equipment, grantees, State and Tribal, and is organization prior to submission to the and service acquisitions is defined in derived from current Federal regulations Office for approval. The above proposed § 310.1(a)(10) as a Tribe or at 45 CFR 95.613(b) that exempt Service procedures for submitting an APD Tribal organization’s monetary Agreements from the procurement

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33057

standards applicable to State the Office would suspend or disallow the comprehensive Tribal IV–D agency acquisitions of ADP equipment and FFP in the costs of Computerized Tribal has taken the actions specified in the services. Additionally, proposed IV–D Systems. This section does not notice of suspension described in paragraph (c)(2), states that the Office apply to Office Automation paragraph (a). The Office will notify the reserves a royalty-free, nonexclusive, enhancements or another alternative to comprehensive Tribal IV–D agency in and irrevocable license to reproduce, Computerized Tribal IV–D Systems as writing upon making such a publish, or otherwise use and to discussed in proposed § 310.5. The determination. authorize others to use for Federal proposed content of this section is We proposed the above provision in Government purposes, such software, derived from § 307.40 which is entitled paragraph (b) to ensure that Federal modifications and documentation Suspension of Approval of Advance funding is managed and distributed in developed under this part. Under Planning Documents for Computerized the most productive, efficient and cost- paragraph (c)(3) FFP would not be Support Enforcement Systems and effective manner possible, and to ensure available for the costs of rental or addresses suspension and disallowance the Office has the means necessary to purchase of proprietary application of FFP in the costs of State enforce its fiduciary responsibilities. software developed specifically for a computerized child support Section 310.35 Under what Computerized Tribal IV–D System. enforcement systems. circumstances would emergency FFP be Proposed paragraph (a) of this section Commercial-off-the-shelf (COTS) available for Computerized Tribal IV–D entitled Suspension of APD approval software packages that are sold or leased Systems? to the general public at established states that the Office will suspend catalog or market prices are not subject approval of the APD for a Computerized In this section we propose that to the ownership and license provisions Tribal IV–D System approved under emergency FFP in the costs of of this requirement. The requirements Part 310 as of the date that the system computerized Tribal IV–D support stated in this proposed paragraph (c) are ceases to comply substantially with the enforcement systems and Office not unique to Child Support criteria, requirements, and other Automation would be available for Enforcement regulations. Rather, the provisions of the APD. The Office will qualifying circumstances. This proposed proposed requirements would be a notify a Tribal IV–D agency in writing section is similar to 45 CFR 95.624, restatement of current Departmental of a notice of suspension, with such which is entitled Consideration for FFP regulations that have applied to all suspension effective as of the date on in Emergency Situations and which lays automated systems acquisitions, and not which there is no longer substantial out procedures which must be followed just those in the IV–D program. Federal compliance. The intent of the Office is in applying for emergency FFP. This policy in this area, as stated in Federal to minimize the likelihood of proposed section has been appropriately regulations at 45 CFR 92.34 and 95.617, suspension of a comprehensive Tribal revised from § 95.624 and made and as restated in child support IV–D agency’s APD by engaging in applicable to the specific needs of automation regulations for State IV–D supportive efforts such as technical comprehensive Tribal IV–D programs. programs at 45 CFR 307.30 and 45 CFR assistance, policy guidance, and on- Under proposed paragraph (a) of this 307.31, is appropriate and best protects going communication and collaboration section, which is entitled Conditions the Federal interest in IV–D and other between the comprehensive Tribal IV–D that must be met for emergency FFP, the Federal systems development efforts. agency and the Office. The Office Office will consider waiving the In proposed paragraph (d) of this believes that such preventive efforts approval requirements for acquisitions section, a comprehensive Tribal IV–D would likely facilitate early in emergency situations, such as natural agency is not required to submit identification of difficulties associated or man-made disasters, upon receipt of procurement documents, contracts, and with a Computerized Tribal IV–D a written request from the contract amendments for acquisitions System and the corresponding APD and comprehensive Tribal IV–D agency. In under the Simplified Acquisition thereby assist the Office and the order for the Office to consider waiving Threshold set by the Tribe or Tribal comprehensive Tribal IV–D agency in the approval requirements in proposed organization or $100,000, whichever is taking appropriate corrective action, § 310.25 the comprehensive Tribal IV–D less, unless specifically requested to do before more punitive measures, such as agency must submit a written request to so in writing by the Office. The Office suspension of funding, become the Office prior to the acquisition of any believes that procurement activities necessary. ADP equipment or services. The written which fall under the Simplified Notwithstanding the above-stated request must be sent by registered mail Acquisition Threshold amount would intent, the Office deems it necessary to and include: (i) A brief description of not require submittal of procurement include provisions relating to the ADP equipment and/or services to documents, contracts, and contract suspension of an APD in this proposed be acquired and an estimate of their amendments because such acquisitions paragraph (a) in order to clearly costs; (ii) a brief description of the already fall under the existing establish suspension as a possible circumstances which resulted in the procurement regulations of 45 CFR consequence for a computerized Tribal comprehensive Tribal IV–D agency’s 92.36 (Procurement) and because IV–D support enforcement system that need to proceed prior to obtaining applying such a threshold ensures a is substantially out of compliance with approval from the Office; and (iii) a consistency of approach between State its APD. description of the harm that will be and Tribal grantees relative to Proposed paragraph (b) of this section caused if the comprehensive Tribal IV– procurements funded at enhanced rates entitled Suspension of FFP states that if D agency does not acquire immediately of FFP. the Office suspends approval of an APD the ADP equipment and services. in accordance with proposed Part 310 Under proposed paragraph (a)(2), Section 310.30 Under what during the installation, operation, or upon receipt of the information, the circumstances would FFP be suspended enhancement of a Computerized Tribal Office will, within 14 working days of or disallowed in the costs of IV–D System, FFP will not be available receipt, take one of the following Computerized Tribal IV–D Systems? in any expenditure incurred under the actions: (i) Inform the comprehensive This section of the proposed rule APD after the date of the suspension Tribal IV–D agency in writing that the identifies circumstances under which until the date the Office determines that request has been disapproved and the

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33058 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

reason for disapproval; or (ii) inform the Subpart D—Accountability and Paperwork Reduction Act of 1995 comprehensive Tribal IV–D agency in Monitoring Computerized Tribal IV–D writing that the Office recognizes that Systems Under the Paperwork Reduction Act an emergency exists and that within 90 of 1995 (Pub. L. 104–13), all Section 310.40 What requirements calendar days from the date of the initial Departments are required to submit to apply for accessing systems and records written request under paragraph (a)(1) the Office of Management and Budget for monitoring Computerized Tribal IV– the comprehensive Tribal IV–D agency (OMB) for review and approval any D Systems and Office Automation? must submit a formal request for reporting or recordkeeping requirements approval which includes the This proposed section identifies inherent in a proposed or final rule. information specified at § 310.25 in requirements that would facilitate Interested parties may comment to OMB order for the ADP equipment or services accountability and monitoring on these requirements as described acquisition to be considered for the procedures of Computerized Tribal IV– below. This NPRM contains reporting Office’s approval. D Systems and Office Automation, requirements at proposed 45 CFR Part including accessing systems and Emergency FFP in the costs of 310. The Department has submitted records. This section of the proposed Computerized Tribal IV–D Systems and these reporting requirements to OMB for Office Automation is included in this rule is derived from 45 CFR 95.615 its review. proposed rule in recognition of past which is entitled Access to Systems and natural and man-made disasters such as Records and addresses the Department’s Proposed Part 310 contains a the 9/11 terrorist attacks and hurricanes right to access State computerized regulatory requirement that, in order to Katrina and Rita, as well as support enforcement systems for the receive funding for a Computerized unforeseeable emergency situations that purposes of monitoring the conditions Tribal IV–D System, a Tribe or Tribal may significantly impact comprehensive for approval, as well as the efficiency, organization must submit an Advanced Tribal IV–D programs in the future. This economy and effectiveness of the State Planning Document (APD) which authority has proven vital in the past, system. represents the sole systems effort being such as when use of such emergency In accordance with 45 CFR Part 95 of undertaken by the comprehensive IV–D authority permitted State grantees to this title, under proposed § 310.40 a agency; describes the projected resource procure necessary computer equipment comprehensive Tribal IV–D agency must requirements for staff, hardware, allow the Office access to the system in and software to restore program services software, network connections and all of its aspects, including installation, disrupted by hurricanes Katrina and other needs and resources available and Rita, and do so without the delay operation, and cost records of contractors and subcontractors, and of expected to be available; contains a inherent in first submitting the proposed schedule of project procurement request for Federal review Service Agreements at such intervals as milestones; contains a proposed budget; and prior approval. The proposed are deemed necessary by the Office to procedures which require a determine whether the conditions for and contains a statement that the Tribal comprehensive Tribal IV–D agency to FFP approval are being met and to IV–D agency agrees in writing to use the submit a written request to the Office determine the efficiency, effectiveness, Computerized Tribal IV–D System for a and require the Office to take reasonableness of the system and its minimum period of time. Tribes and appropriate action within 14 working cost. As discussed in the justification for Tribal organizations must respond if days ensure speedy and expedient proposed § 310.30 of this proposed rule, they wish to operate a Federally-funded management of child support resources on-going access to Computerized Tribal Computerized Tribal IV–D System. The during times of crisis. IV–D Systems and Office Automation potential respondents to these Proposed paragraph (b) of this section records would enable the Office to information collection requirements are states that if the Office approves the facilitate early identification of approximately 40 Federally-recognized request submitted under paragraph difficulties associated with Tribal IV–D Tribes, and Tribal organizations, during (a)(2), FFP will be available from the automation and to engage in supportive Year 1; 5 additional Federally- date the comprehensive Tribal IV–D efforts such as technical assistance, recognized Tribes and Tribal agency acquires the ADP equipment and policy guidance, and on-going organizations during Year 2; and 5 services. In this section, proposed communication and collaboration with additional Federally-recognized Tribes paragraph (b) would equip comprehensive Tribal IV–D agencies. and Tribal organizations during Year 3; comprehensive Tribal IV–D agencies to This technique of identifying and for a three-year total of 50 grantees. This respond to approved emergency addressing system challenges early on information collection requirement will situations with the assurance that the has proven to be an effective impose the estimated total annual Office would provide added support to management tool as evidenced by the burden on the Tribes and Tribal ensure continued operations of Office’s experience in monitoring State comprehensive Tribal IV–D program computerized support enforcement organizations described in the table functions. systems. below:

Average Information collection Number of Response per burden per Total annual respondents respondent response burden

Year 1

APD ...... 40 2 108 8,640 Acquisitions (RFPs, Contracts, etc.) ...... 6 2 24 288

Total ...... 8,928

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33059

Average Information collection Number of Response per burden per Total annual respondents respondent response burden

Year 2

APD ...... * 11 2 108 2,376 Acquisitions (RFPs, Contracts, etc.) ...... 6 2 24 288

Total ...... 2,664

Year 3

APD ...... * 8 2 108 1,728 Acquisitions (RFPs, Contracts, etc.) ...... 3 2 24 102

Total ...... 1,848 * Figures reflect APDs from 5 additional Tribes in Year 2 and Year 3 as well as APD Updates from Tribes included in Year 1 and 2 respectively.

Total Burden for 3 Years: 13,440. will not result in a significant impact on the regulatory process. As described Total Annual Burden Averaged over 3 a substantial number of small entities elsewhere in the preamble, ACF Years: 4,480 per year. because the primary impact of these consulted with Tribes and Tribal The Administration for Children and regulations is on Tribal governments. organizations and their representatives Families will consider comments by the Tribal governments are not considered to obtain their views prior to the public on this proposed collection of small entities under the Act. publication of this NPRM. information in the following areas: • Evaluating whether the proposed Regulatory Impact Analysis Unfunded Mandates Reform Act of collection is necessary for the proper Executive Order 12866 requires that 1995 performance of the functions of ACF, regulations be drafted to ensure that Section 202 of the Unfunded including whether the information will they are consistent with the priorities Mandates Reform Act of 1995, Public have practical utility; and principles set forth in the Executive Law 104–4 (Unfunded Mandates Act), • Evaluating the accuracy of ACF’s Order. The Department has determined requires that a covered agency prepare estimate of the burden of the proposed that this proposed rule is consistent a budgetary impact statement before collection of information, including the with these priorities and principles. promulgating a rule that includes a validity of the methodology and Moreover, we have consulted with the Federal mandate that may result in the assumptions used; Office of Management and Budget expenditure by State, local and Tribal • Enhancing the quality, usefulness, (OMB) and determined that these rules governments, in the aggregate, or by the and clarity of the information to be meet the criteria for a significant private sector, of $100 million or more collected; and regulatory action under Executive Order • in any one year. Minimizing the burden of the 12866. Thus, they were subject to OMB As indicated above, we have collection of information on those who review. determined this rule will not result in are to respond, including through the We have determined that the the expenditure by State, local and use of appropriate automated, proposed rule is not an economically Tribal governments, in the aggregate, or electronic, mechanical, or other significant rule and will not result in the by the private sector, of more than $100 technology, e.g., permitting electronic expenditure by State, local, and Tribal million in any one year. submission of responses. governments, in the aggregate, or by the OMB is required to make a decision private sector, of more than $100 Congressional Review concerning the collection of information million in any one year. Therefore, we This proposed rule is not a major rule contained in these regulations between have not prepared a budgetary impact as defined in 5 U.S.C., Chapter 8. 30 and 60 days after their publication in statement. We anticipate that the costs Assessment of Federal Regulations and the Federal Register. Therefore, a associated with this rule will be: FY comment is best assured of having its 2009—$8m; FY 2010—$4m; FY 2011— Policies on Family Well-Being full effect if OMB receives it within 30 $2m; FY 2012—$3m; FY 2013—$3; FY We certify that we have made an days of publication. This does not affect 2013—$3m. assessment of this rule’s impact on the the deadline for the public to comment The proposed regulations are well-being of families, as required under to the Department on the proposed authorized by 42 U.S.C. 655(f) and 42 Sec. 654 of the Treasury and General regulations. Written comments to OMB U.S.C. 1302 and represent the proposed Appropriations Act of 1999. This for the proposed information collection regulations governing direct funding for proposed rule gives flexibility to Tribes should be sent directly to the following: computerized systems and Office and Tribal organizations to use Office of Management and Budget, Automation of Tribal CSE agencies that technological advancements to meet either by fax to 202–395–6974 or by e- demonstrate the capacity to operate a program objectives that serve this mail to [email protected]. child support enforcement program, purpose. Please mark faxes and e-mails to the including establishment of paternity; Executive Order 13132 attention of the desk officer for ACF. establishment, modification and enforcement of support orders; and Executive Order 13132 prohibits an Regulatory Flexibility Analysis location of noncustodial parents. agency from publishing any rule that The Secretary certifies, under 5 U.S.C. The Executive Order encourages has federalism implications if the rule 605(b), the Regulatory Flexibility Act agencies, as appropriate, to provide the either imposes substantial direct (Pub. L. 96–354), that these regulations public with meaningful participation in compliance costs on State and local

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33060 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

governments or is not required by (3) Procurement, installation, Authority: 42 U.S.C. 655(f) and 1302. statute, or the rule preempts State law, operation and maintenance of essential unless the agency meets the Office Automation capability; Subpart A—General Provisions consultation and funding requirements (4) Establishment of § 310.0 What does this part cover? of section 6 of the Executive Order. We Intergovernmental Service Agreements This part addresses conditions for do not believe the regulation has with a State and another comprehensive funding and requirements governing federalism impact as defined in the Tribal IV–D agency for access to the Computerized Tribal IV–D Systems and Executive order. However, consistent State or other Tribe’s existing automated Office Automation including: with Executive Order 13132, the data processing computer system to (a) The automated systems options for Department specifically solicits support Tribal IV–D program comprehensive Tribal IV–D programs in comments from State and local operations, and Reasonable Costs § 310.5 of this part; government officials on this proposed associated with use of such a system; (b) The functional requirements for rule. (5) Operation and maintenance of a the Model Tribal Systems in § 310.10 of Tribal automated data processing List of Subjects this part; system funded entirely with Tribal (c) The security and privacy 45 CFR 309 funds if the software ownership rights requirements for Computerized Tribal Child Support, Grant programs— and license requirements in § 310.25(c) IV–D Systems and office automation in Social programs, Indians, Native are met; and § 310.15 of this part; Americans. (6) Other automation and automated (d) The conditions for funding the data processing computer system costs installation, operation, maintenance, 45 CFR 310 in accordance with instructions and and enhancement of Computerized Child Support, Grant programs— guidance issued by the Secretary. Tribal IV–D Systems and Office Social programs, Indians, Native * * * * * Automation in § 310.20 of this part; Americans. 1. Revise part 310 to read as follows: (e) The conditions that apply to (Catalogue of Federal Domestic Assistance acquisitions of Computerized Tribal IV– Programs No. 93.563, Child Support PART 310—COMPUTERIZED TRIBAL D Systems in § 310.25 of this part; and Enforcement Program) IV–D SYSTEMS AND OFFICE (f) The accountability and monitoring AUTOMATION of Computerized Tribal IV–D Systems in Dated: October 19, 2007. § 310.40 of this part. Daniel C. Schneider Subpart A—General Provisions Acting Assistant Secretary for Children and Sec. § 310.1 What definitions apply to this part? Families. 310.0 What does this part cover? (a) The following definitions apply to 310.1 What definitions apply to this part? Approved: March 3, 2008. this part: (1) Automated Data Processing Michael O. Leavitt, Subpart B—Requirements for Computerized Tribal IV–D Systems and Office Automation Services (ADP Services) means services Secretary,Department of Health and Human for installation, maintenance, operation, Services. 310.5 What options are available for and enhancement of ADP equipment For the reasons discussed in the Computerized Tribal IV–D Systems and and software performed by a preamble, title 45 chapter III of the Code Office Automation? comprehensive Tribal IV–D agency or of Federal Regulations is amended as 310.10 What are the functional for that agency through a services follows: requirements for the Model Tribal IV–D System? agreement or other contractual PART 309—TRIBAL CHILD SUPPORT 310.15 What are the safeguards and relationship with a State, another Tribe ENFORCEMENT (IV–D) PROGRAM processes that comprehensive Tribal IV– or private sector entity. D agencies must have in place to ensure (2) Comprehensive Tribal IV–D 1. The authority citation for part 309 the security and privacy of Agency means the organizational unit in continues to read as follows: Computerized Tribal IV–D Systems and the Tribe or Tribal organization that has Office Automation? Authority: 42 U.S.C. 655(f), 1302. the authority for administering or Subpart C—Funding for Computerized supervising a comprehensive Tribal IV– 2. In § 309.145, revise paragraph (h) to Tribal IV–D Systems and Office Automation read as follows: D program under section 455(f) of the 310.20 What are the conditions for funding Act and implementing regulations in § 309.145 What costs are allowable for the installation, operation, maintenance part 309 of this chapter. This is an Tribal IV–D programs carried out under and enhancement of computerized Tribal agency meeting all requirements of § 309.65(a) of this part? IV–D systems and Office Automation? § 309.65(a) of the chapter which is not * * * * * 310.25 What conditions apply to in the start-up phase under § 309.65(b) (h) Automated data processing acquisitions of Computerized Tribal IV– D Systems? of this chapter. computer systems, including: 310.30 Under what circumstances would (3) Computerized Tribal IV–D System (1) Planning efforts in the FFP be suspended or disallowed in the means a comprehensive Tribal IV–D identification, evaluation, and selection costs of Computerized Tribal IV–D program’s system of data processing that of an automated data processing Systems? is performed by electronic or electrical computer system solution meeting the 310.35 Under what circumstances would machines so interconnected and program requirements defined in a emergency FFP be available for interacting as to minimize the need for Tribal IV–D plan and the automated Computerized Tribal IV–D Systems? human assistance or intervention. A systems requirements in part 310 of this Subpart D—Accountability and Monitoring Computerized Tribal IV–D System is: chapter; Procedures for Computerized Tribal IV–D (i) The Model Tribal System; or (2) Installation, operation, Systems (ii) Access to a State or maintenance, and enhancement of a 310.40 What requirements apply for comprehensive Tribal IV–D agency’s Model Tribal System as defined in and accessing systems and records for existing automated data processing meeting the requirements of part 310 of monitoring Computerized Tribal IV–D computer system through an this title; Systems and Office Automation? Intergovernmental Service Agreement;

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33061

(4) Installation means the act of (v) Significant deviations from the Subpart B: Requirements for installing ADP equipment and software, established practices of the Computerized Tribal IV–D Systems performing data conversion, and comprehensive Tribal IV–D agency turnover to operation status. which may unjustifiably increase the § 310.5 What options are available for (5) Maintenance is the totality of cost; and Computerized Tribal IV–D Systems and office automation? activities required to provide cost- (vi) Whether a project’s Total effective support to an operational ADP Acquisition Cost is in excess of the (a) Allowable computerized support system. Maintenance is generally comprehensive Tribal IV–D agency’s enforcement systems for a routine in nature and can include total Tribal IV–D program grant award Comprehensive Tribal IV–D agency. A activities such as: Upgrading ADP for the year in which the request is comprehensive Tribal IV–D agency may hardware, and revising/creating new made. have in effect an operational reports, making limited data element/ (9) Service Agreement means a computerized support enforcement data base changes, minor data document signed by the Tribe or Tribal system that meets Federal requirements presentation changes, and other organization operating a comprehensive under this part. software corrections. Tribal IV–D program under § 309.65(a) (b) Computerized Tribal IV–D (6) Model Tribal System means an and the State or other comprehensive Systems. A Computerized Tribal IV–D ADP system designed and developed by Tribal IV–D program whenever the latter System must be one of the design the Office for comprehensive Tribal IV– provides data processing services to the options listed below. A comprehensive D programs to include system former and identifies those ADP Tribal IV–D program may automate its specifications and requirements as services that the State or other case processing and record-keeping specified in this part. The Model Tribal comprehensive Tribal IV–D program processes through: System effectively and efficiently allows will provide to the Tribe or Tribal (1) Installation, operation, a comprehensive Tribal IV–D agency to organization. Additionally, a Service maintenance, or enhancement of the monitor, account for, and control all Agreement would include the following Model Tribal System designed by the details: Office to address the program child support enforcement services and • activities pursuant to part 309 of this Schedule of charges for each requirements defined in a Tribal IV–D chapter. identified ADP service and a plan in accordance with § 309.65(a) of certification that these charges apply (7) Office Automation means a generic this chapter and the functional equally to all users; adjunct component of a computer requirements in § 310.10 of this part; • Description of the method(s) of system that supports the routine (2) Establishment of accounting for the services rendered administrative functions in an Intergovernmental Service Agreements under the agreement and computing organization (e.g., electronic mail, word with a State or another comprehensive service charges; Tribal IV–D agency for access to that processing, internet access), as well as • Assurances that services provided similar functions performed as part of agency’s existing automated data will be timely and satisfactory; processing computer system to support an automated data processing system. • Assurances that information in the comprehensive Tribal IV–D program Office Automation is not specifically computer system as well as access, use designed to meet the programmatic and operations. and disposal of ADP data will be (c) Office Automation. A business-centric needs of an safeguarded in accordance with organization. comprehensive Tribal IV–D agency may proposed § 310.15; opt to conduct automated data (8) Reasonable Cost means a cost that • Beginning and ending dates of the processing and record-keeping activities is determined to be reasonable if, in its period of time covered by the Service through Office Automation. Allowable nature and amount, it does not exceed Agreement; and activities under this section include that which would be incurred by a • Schedule of expected total charges procurement, installation, operation and prudent person under the circumstances for the period of the Service Agreement. maintenance of essential Office prevailing at the time the decision was (10) Simplified Acquisition Threshold Automation capability as defined in made to incur the cost. In determining for ADP systems, equipment, and § 310.1 of this part. reasonableness with regard to ADP service acquisitions means a Tribe or (d) Alternative to Computerized Tribal systems cost, consideration shall be Tribal organization’s monetary IV–D Systems and Office Automation. A given to: threshold for determining whether comprehensive Tribal IV–D agency may (i) Whether the cost is of a type competitive acquisition rules are design, develop, procure, or enhance an generally recognized as ordinary and required for a given procurement or automated data processing system necessary for the operation of a $100,000, whichever is less. funded entirely with Tribal funds. comprehensive Tribal IV–D agency; (b) The following terms apply to this (ii) The restraints or requirements part and are defined in § 95.605 of this § 310.10 What are the functional imposed by such factors as: sound title: requirements for the Model Tribal IV–D business practices; arms-length ‘‘Acquisition’’; system? bargaining; Federal, Tribal laws and ‘‘Advanced Planning Document A Model Tribal IV–D system must: regulations; and terms and conditions of (APD)’’; (a) Accept, maintain and process the any direct federal funding; ‘‘Design or System Design’’; actions in the support collection and ‘‘Development’’; (iii) Whether the individual paternity determination processes under ‘‘Enhancement’’; concerned acted with prudence in the ‘‘Federal Financial Participation the Tribal IV–D plan, including: circumstances considering his or her (FFP)’’; (1) Identifying information such as responsibilities to the comprehensive ‘‘Operation’’; social security numbers, names, dates of Tribal IV–D agency, its employees, the ‘‘Project’’; birth, home addresses and mailing public at large, and the Federal ‘‘Software’’; and addresses (including postal zip codes) Government; ‘‘Total Acquisition Cost’’. on individuals against whom paternity (iv) Market prices for comparable (c) All of the terms defined in § 309.05 and support obligations are sought to be goods or services; of this chapter apply to this part. established or enforced and on

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33062 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

individuals to whom support (iii) Allocating amounts received by (4) Mechanisms to back-up and obligations are owed, and other data as income withholding according to otherwise protect hardware, software, may be requested by the Office; §§ 309.110 and 309.115 of this chapter. documents, and other communications; (2) Verifying information on (f) Maintain and automatically and individuals referred to in paragraph generate data necessary to meet Federal (5) Mechanisms to report breaches of (a)(1) of this section with Tribal, reporting requirements on a timely basis personally identifiable information to Federal, State and local agencies, both as prescribed by the Office. At a the Department of Homeland Security, intra-tribal and intergovernmental; minimum this must include: and to respond to those breaches. (3) Maintaining information (1) Yearly notices on support (b) Monitoring of access. The pertaining to: collected, which are itemized by month comprehensive Tribal IV–D agency must (i) Applications and referrals for of collection and provided to families monitor routine access to and use of the Tribal IV–D services, including: receiving services under the Computerized Tribal IV–D System and (A) Case record; comprehensive Tribal IV–D program as Office Automation through methods (B) Referral to the appropriate required in § 309.75(c) of this chapter, to such as audit trails and feedback processing unit (i.e., locate or paternity all case participants regarding support mechanisms to guard against, and establishment); collections; and promptly identify, unauthorized access (C) Caseworker notification; (2) Reports submitted to the Office for or use; (D) Case Identification Number; and program monitoring and program (c) Training and information. The (E) Participant Identification Number; performance as required in § 309.170 of comprehensive Tribal IV–D agency must (ii) Delinquency and enforcement this chapter; have procedures to ensure that all activities; (g) Provide automated processes to personnel, including Tribal IV–D staff (iii) Intra-tribal, intergovernmental, enable the Office to monitor Tribal IV– and contractors, who may have access to and Federal location of the putative D program operations and to assess or be required to use confidential father and noncustodial parents; program performance through the audit program data in the Computerized (iv) The establishment of paternity; of financial and statistical data Tribal IV–D System and Office (v) The establishment of support maintained by the system; and Automation are adequately trained in obligations; (h) Provide security to prevent security procedures. (vi) The payment and status of current unauthorized access to, or use of, the (d) Penalties. The comprehensive support obligations; data in the system as detailed in Tribal IV–D agency must have (vii) The payment and status of § 310.15 of this part. administrative penalties, including arrearage accounts; dismissal from employment, for (4) Maintaining data on case actions § 310.15 What are the safeguards and unauthorized access to, disclosure or administered by both the initiating and processes that comprehensive Tribal IV–D use of confidential information. responding jurisdictions in agencies must have in place to ensure the security and privacy of Computerized Tribal intergovernmental cases; Subpart C—Funding for Computerized (b) Update, maintain and manage all IV–D Systems and Office Automation? (a) Information integrity and security. Tribal IV–D Systems and Office IV–D cases under the Tribal IV–D plan Automation from initial application or referral The comprehensive Tribal IV–D agency through collection and enforcement, must have safeguards on the integrity, § 310.20 What are the conditions for including any events, transactions, or accuracy, completeness, access to, and funding the installation, operation, actions taken therein; use of data in the Computerized Tribal maintenance and enhancement of (c) Record and report any fees IV–D System and Office Automation. Computerized Tribal IV–D Systems and Office Automation? collected, either directly or by Computerized Tribal IV–D and Office interfacing with State or Tribal financial Automation Systems should be (a) Conditions that must be met for management and expenditure compliant with the Federal Information FFP at the applicable matching in information; Security Management Act, and the § 309.130(c) of this chapter for (d) Distribute current support and Privacy Act. Some of the required Computerized Tribal IV–D Systems. The arrearage collections in accordance with safeguards must include written policies following conditions must be met to Federal regulations at § 309.115 of this and procedures concerning the obtain FFP in the costs of installation, chapter and Tribal laws; following: operation, maintenance, and (e) Maintain, process and monitor (1) Periodic evaluations of the system enhancement of a Computerized Tribal accounts receivable on all amounts for risk of security and privacy breaches; IV–D System at the applicable matching owed, collected, and distributed with (2) Procedures to allow Tribal IV–D rate under § 309.130(c) of this chapter: regard to: personnel controlled access and use of (1) A comprehensive Tribal IV–D (1) Detailed payment histories that IV–D data, including: agency must have submitted, and the include the following: (i) Specifying the data which may be Office must have approved, an Advance (i) Amount of each payment; used for particular IV–D program Planning Document (APD) for the (ii) Date of each collection; purposes, and the personnel permitted installation and enhancement of a (iii) Method of payment; access to such data; Computerized Tribal IV–D System; (iv) Distribution of payments; and (ii) Permitting access to and use of (2) An APD for installation of a (v) Date of each disbursement; data for the purpose of exchanging Computerized Tribal IV–D System must: (2) Automated income withholding information with State and Tribal (i) Represent the sole systems effort activities such as: agencies administering programs under being undertaken by the comprehensive (i) Recording and maintaining any titles IV–A, IV–E and XIX of the Act to Tribal IV–D agency under this part; date the noncustodial parent defaults on the extent necessary to carry out the (ii) Describe the projected resource payment of the support obligation in an comprehensive Tribal IV–D agency’s requirements for staff, hardware, amount equal to the support payable for responsibilities with respect to such software, network connections and one month; programs; other needs and the resources available (ii) Generating the Standard Federal (3) Maintenance and control of or expected to be available to meet the Income Withholding Form; and application software program data; requirements;

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33063

(iii) Contain a proposed schedule of processing system that is funded (3) FFP is not available for the costs project milestones with detail sufficient entirely with Tribal funds, the of rental or purchase of proprietary to describe the tasks, activities, and comprehensive Tribal IV–D agency must application software developed complexity of the initial include operation and maintenance specifically for a Computerized Tribal implementation project; costs in its annual Title IV–D program IV–D System. Commercial-off-the-shelf (iv) Contain a proposed budget budget submission in accordance with (COTS) software packages that are sold including a description of expenditures § 309.15(c) of this chapter; or leased to the general public at by category and amount for items (6) To receive FFP in the costs of the established catalog or market prices are related to installing, operating, installation, operation, and maintenance not subject to the ownership and license maintaining, and enhancing the of essential Office Automation provisions of this requirement. Computerized Tribal IV–D System that capabilities, the comprehensive Tribal (d) Requirements for acquisitions are eligible for Federal funding at the IV–D agency must include such costs in under the threshold amount. A applicable matching rate under its annual Title IV–D program budget comprehensive Tribal IV–D agency is § 309.130(c) of this chapter; and submission in accordance with not required to submit procurement (v) Contain a statement that the § 309.15(c) of this chapter; documents, contracts, and contract comprehensive Tribal IV–D agency (b) Procedure for APD Submittal. The amendments for acquisitions under the agrees in writing to use the comprehensive Tribal IV–D agency must Simplified Acquisition Threshold Computerized Tribal IV–D System for a submit an APD for a Computerized unless specifically requested to do so in minimum period of time; Tribal IV–D System to the writing by the Office. (3) The following conditions, in Commissioner of OCSE, Attention: § 310.30 Under what circumstances would addition to those in paragraphs (a)(1) Division of State and Tribal Systems. FFP be suspended or disallowed in the and (a)(2) of this section, must be met The APD submitted by the costs of Computerized Tribal IV–D to obtain FFP in the installation costs of comprehensive Tribal IV–D agency must Systems? access to a State or another be approved and signed by the (a) Suspension of APD approval. The comprehensive Tribal IV–D program’s comprehensive Tribal IV–D agency Office will suspend approval of the APD ADP system established under an Director and the appropriate Tribal for a Computerized Tribal IV–D System Intergovernmental Service Agreement. officials prior to submission to OCSE for approved under this part as of the date The comprehensive Tribal IV–D agency Office approval. that the system ceases to comply must: substantially with the criteria, (i) Maintain a copy of each § 310.25 What conditions apply to requirements, and other provisions of intergovernmental cooperative acquisitions of Computerized Tribal IV–D the APD. The Office will notify a Tribal Systems? agreement and Service Agreement in its IV–D agency in writing in a notice of files for Federal review; and (a) APD Approval. A comprehensive suspension, with such suspension (ii) Ensure that the: Tribal IV–D agency must have an effective as of the date on which there (A) Service Agreement for which FFP approved APD in accordance with the is no longer substantial compliance. is being sought, meets the definition of applicable requirements of § 310.20 of (b) Suspension of FFP. If the Office a Service Agreement as defined in this part prior to initiating acquisition of suspends approval of an APD in proposed § 310.1 of this title; a Computerized Tribal IV–D System. accordance with this part during the (C) Claims for FFP conform to the (b) Procurements. Requests for installation, operation, or enhancement timely claim provisions of part 95 Proposals (RFP) and similar of a Computerized Tribal IV–D System, subpart A of this title; and procurement documents, contracts, and FFP will not be available in any (D) Service Agreement was not expenditure incurred under the APD previously disapproved by the contract amendments involving costs eligible for FFP, must be submitted to after the date of the suspension until the Department. date the Office determines that the (4) The following conditions, in the Office for approval prior to release comprehensive Tribal IV–D agency has addition to those in paragraphs (1) of the procurement document, and prior to the execution of the resultant contract taken the actions specified in the notice through (3) of this section, must be met of suspension described in paragraph (a) in order for a comprehensive Tribal IV– when a procurement is anticipated to or will exceed the Simplified Acquisition of this section. The Office will notify the D agency to obtain FFP in the costs of comprehensive Tribal IV–D agency in enhancements to their Computerized Threshold. (c) Software and ownership rights. (1) writing upon making such a Tribal IV–D System: determination. (i) The project’s Total Acquisition All procurement and contract Cost cannot exceed the comprehensive instruments must include a clause that § 310.35 Under what circumstances would Tribal IV–D agency’s total Tribal IV–D provides that the comprehensive Tribal emergency FFP be available for program grant award for the year in IV–D agency will have all ownership Computerized Tribal IV–D Systems? which the acquisition request is made; rights to Computerized Tribal IV–D (a) Conditions that must be met for and System software or enhancements emergency FFP. The Office will (ii) The APD budget, schedule and thereof and all associated consider waiving the approval commitment to use the Computerized documentation designed, developed or requirements for acquisitions in Tribal IV–D System for a specified installed with FFP. Intergovernmental emergency situations, such as natural or minimum period of time must be Service Agreements are not subject to man-made disasters, upon receipt of a updated to reflect the enhancement this paragraph. written request from the comprehensive project. (2) The Office reserves a royalty-free, Tribal IV–D agency. In order for the (5) To receive FFP in the costs of the nonexclusive, and irrevocable license to Office to consider waiving the approval operation and maintenance of a reproduce, publish, or otherwise use requirements in § 310.25 of this part, the Computerized Tribal IV–D System and to authorize others to use for following conditions must be met: installed under proposed 310.20 or Federal Government purposes, such (1) The comprehensive Tribal IV–D developed under § 309.145(h)(5), which software, modifications and agency must submit a written request to refers to a Tribal automated data documentation. the Office prior to the acquisition of any

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33064 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

ADP equipment or services. The written (ii) Inform the comprehensive Tribal Subpart D—Accountability and request must be sent by registered mail IV–D agency in writing that the Office Monitoring Procedures for and include: recognizes that an emergency exists and Computerized Tribal IV–D Systems (i) A brief description of the ADP that within 90 calendar days from the § 310.40 What requirements apply for equipment and/or services to be date of the initial written request under acquired and an estimate of their costs; accessing systems and records for paragraph (a)(1) of this section the monitoring Computerized Tribal IV–D (ii) A brief description of the comprehensive Tribal IV–D agency must Systems and Office Automation? circumstances which resulted in the submit a formal request for approval comprehensive Tribal IV–D agency’s In accordance with Part 95 of this which includes the information title, a comprehensive Tribal IV–D need to proceed prior to obtaining specified at § 310.25 of this title in order approval from the Office; and agency must allow the Office access to for the ADP equipment or services the system in all of its aspects, (iii) A description of the harm that acquisition to be considered for the including installation, operation, and will be caused if the comprehensive Office’s approval. cost records of contractors and Tribal IV–D agency does not acquire subcontractors, and of Service immediately the ADP equipment and (b) Effective date of emergency FFP. If Agreements at such intervals as are services. the Office approves the request deemed necessary by the Office to (2) Upon receipt of the information, submitted under paragraph (a)(2) of this determine whether the conditions for the Office will, within 14 working days section, FFP will be available from the FFP approval are being met and to of receipt, take one of the following date the comprehensive Tribal IV–D determine the efficiency, effectiveness, actions: agency acquires the ADP equipment and reasonableness of the system and its (i) Inform the comprehensive Tribal services. cost. IV–D agency in writing that the request has been disapproved and the reason for [FR Doc. E8–13042 Filed 6–10–08; 8:45 am] disapproval; or BILLING CODE 4120–01–P

VerDate Aug<31>2005 18:12 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\11JNP1.SGM 11JNP1 sroberts on PROD1PC70 with PROPOSALS 33065

Notices Federal Register Vol. 73, No. 113

Wednesday, June 11, 2008

This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 DEPARTMENT OF COMMERCE contains documents other than rules or CFR 404.7. proposed rules that are applicable to the United States Patent and Trademark public. Notices of hearings and investigations, Richard J. Brenner, Office committee meetings, agency decisions and Assistant Administrator. rulings, delegations of authority, filing of [FR Doc. E8–13081 Filed 6–10–08; 8:45 am] Submission for OMB Review; petitions and applications and agency BILLING CODE 3410–03–P Comment Request statements of organization and functions are examples of documents appearing in this The United States Patent and section. Trademark Office (USPTO) will submit DEPARTMENT OF COMMERCE to the Office of Management and Budget (OMB) for clearance the following DEPARTMENT OF AGRICULTURE proposal for collection of information [Docket No.: 080603727–8737–01] under the provisions of the Paperwork Agricultural Research Service Privacy Act System of Records Reduction Act (44 U.S.C. Chapter 35). Notice of Intent To Grant Exclusive AGENCY: United States Patent and License AGENCY: Department of Commerce. Trademark Office (USPTO). Title: Applications for Trademark ACTION: Notice of a new Privacy Act AGENCY: Agricultural Research Service, Registration. USDA. System of Records: COMMERCE/ NOAA–19, Permits and Registrations for Form Number(s): PTO Forms 4.8, 4.9, ACTION: Notice of intent. United States Federally Regulated 1478, and 1478(a). Agency Approval Number: 0651– Fisheries. SUMMARY: Notice is hereby given that 0009. the U.S. Department of Agriculture, SUMMARY: The Department of Commerce Type of Request: Extension of a Agricultural Research Service, intends currently approved collection. to grant to Oser Technologies LLC of (Commerce) publishes this notice to announce the effective date of a Privacy Burden: 84,821 hours annually. Fairfield, New Jersey, an exclusive Number of Respondents: 291,859 license to U.S. Patent Application Serial Act System of Records notice entitled COMMERCE/NOAA–19, Permits and responses per year with an estimated No. 11/471,327, ‘‘Method and 279,692 responses filed electronically. Apparatus for Treatment of Food Registrations for United States Federally Regulated Fisheries. Avg. Hours Per Response: The USPTO Products’’, filed on June 20, 2006. estimates that it will take the public DATES: Comments must be received DATES: The system of records becomes between 15 to 23 minutes (0.25 to 0.38 within thirty (30) days of the date of effective on June 11, 2008. hours) to complete the applications in publication of this Notice in the Federal ADDRESSES: For a copy of the system of this collection, depending on the form Register. records please mail requests to Ted and the nature of the information. This ADDRESSES: Send comments to: USDA, Hawes, NOAA’s National Marine includes the time to gather the ARS, Office of Technology Transfer, Fisheries Service, Northeast Regional necessary information, create the 5601 Sunnyside Avenue, Rm. 4–1174, Office, One Blackburn Drive, documents, and submit the completed Beltsville, Maryland 20705–5131. Gloucester, MA 01930. application. The USPTO estimates that FOR FURTHER INFORMATION CONTACT: June FOR FURTHER INFORMATION CONTACT: Ted it takes slightly less time to complete Blalock of the Office of Technology Hawes, NOAA’s National Marine the electronic counterparts of these Transfer at the Beltsville address given Fisheries Service, Northeast Regional forms. The time estimates for the above; telephone: 301–504–5989. Office, One Blackburn Drive, electronic forms in this collection are SUPPLEMENTARY INFORMATION: The Gloucester, MA 01930, 978–281–9296. based on the average amount of time Federal Government’s patent rights in SUPPLEMENTARY INFORMATION: On April needed to complete and electronically this invention are assigned to the United 17, 2008, the Department of Commerce file the associated form. States of America, as represented by the published and requested comments on a Needs and Uses: This collection of Secretary of Agriculture. It is in the proposed Privacy Act System of Records information is required by the public interest to so license this notice entitled COMMERCE/NOAA–19, Trademark Act, 15 U.S.C. 1051 et seq. invention as Oser Technologies LLC of Permits and Registrations for United and is implemented through the Fairfield, New Jersey has submitted a States Federally Regulated Fisheries. No Trademark rules set forth in 37 CFR Part complete and sufficient application for comments were received in response to 2. It provides for the registration of a license. The prospective exclusive the request for comments. By this trademarks, service marks, collective license will be royalty-bearing and will notice, the Department is adopting the trademarks and service marks, collective comply with the terms and conditions proposed system as final without membership marks, and certification of 35 U.S.C. 209 and 37 CFR 404.7. The changes effective June 11, 2008. marks. Individuals and businesses who prospective exclusive license may be use their marks or intend to use their granted unless, within thirty (30) days Dated: June 5, 2008. marks in commerce may file an from the date of this published Notice, Brenda Dolan, application with the USPTO to register the Agricultural Research Service U.S. Department of Commerce, Freedom of their marks. The USPTO uses the receives written evidence and argument Information/Privacy Act Officer. information in this collection to which establishes that the grant of the [FR Doc. E8–13051 Filed 6–10–08; 8:45 am] determine whether the marks may be license would not be consistent with the BILLING CODE 3510–22–P registered. This collection contains

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33066 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

three paper forms and six electronic commercial quantities in a timely a response advising of its objection to forms that are available through the manner in the CAFTA-DR region. The the request or its ability to supply the Trademark Electronic Application product will be added to the list in subject product. System (TEAS). The information in this Annex 3.25 of the CAFTA-DR in In accordance with Section 203(o)(4) collection is available to the public. unrestricted quantities. of the CAFTA-DR Act, and its Affected Public: Primarily businesses FOR FURTHER INFORMATION CONTACT: procedures, as no interested entity or other for-profit organizations. Maria Dybczak, Office of Textiles and submitted a response objecting to the Frequency: On occasion. Apparel, U.S. Department of Commerce, request or expressing an ability to Respondent’s Obligation: Required to (202) 482 3651. supply the subject product, CITA has obtain or retain benefits. FOR FURTHER INFORMATION ON- determined to add the specified fabrics OMB Desk Officer: David Rostker, LINE: http://web.ita.doc.gov/tacgi/ to the list in Annex 3.25 CAFTA-DR (202) 395–3897. CaftaReqTrack.nsf. Reference number: Agreement. Copies of the above information 64.2008.05.06.Fabric.ST&RforBWA The subject fabrics are added to the collection proposal can be obtained by SUPPLEMENTARY INFORMATION: list in Annex 3.25 CAFTA-DR any of the following: Agreement in unrestricted quantities. A • Authority: Section 203(o)(4) of the E-mail: [email protected]. Dominican Republic-Central America-United revised list has been published on-line. Include ‘‘0651–0009 copy request’’ in States Free Trade Agreement Implementation the subject line of the message. Act (CAFTA-DR Act); the Statement of Specifications: • Fax: 571–273–0112, marked to the Administrative Action (SAA), accompanying HTS: 5208.39.6090; 5208.39.8090 attention of Susan K. Fawcett. the CAFTA-DR Act; Presidential Fiber Content: 100% combed cotton • Mail: Susan K. Fawcett, Records Proclamations 7987 (February 28, 2006) and Average Yarn Number: Officer, Office of the Chief Information 7996 (March 31, 2006). Metric: 64/2 + 64/2 x 64/2 + 64/2 to 71/2 + 71/2 x Officer, Customer Information Services 71/2 + 71/2 BACKGROUND: English: 38/2 + 38/2 x 38/2 + 38/2 to 42/2 + 42/2 Group, Public Information Services The CAFTA-DR Agreement provides a x 42/2 + 42/2 Division, U.S. Patent and Trademark list in Annex 3.25 for fabrics, yarns, and Construction: Woven with a dobby attachment Office, P.O. Box 1450, Alexandria, VA Weight: fibers that the Parties to the CAFTA-DR 22313–1450. Metric: 150-166 gms/sq. mtr. Agreement have determined are not English: 4.4 - 4.9 oz./sq. yd. Written comments and available in commercial quantities in a Width: recommendations for the proposed timely manner in the territory of any Metric: 130-144 cm English: 51-57 in. information collection should be sent on Party. The CAFTA-DR Agreement or before July 11, 2008 to David Rostker, Finish: Piece dyed with synthetic indigo, color index provides that this list may be modified no: 73000 OMB Desk Officer, Room 10202, New pursuant to Article 3.25(4)-(5), when the Executive Office Building, 725 17th President of the United States R. Matthew Priest, Street, NW., Washington, DC 20503. determines that a fabric, yarn, or fiber is Chairman, Committee for the Implementation Dated: June 4, 2008. not available in commercial quantities of Textile Agreements. Susan K. Fawcett, in a timely manner in the territory of [FR Doc. E8–13071 Filed 6–10–08; 8:45 am] Records Officer, USPTO, Office of the Chief any Party. See Annex 3.25, Note; see BILLING CODE 3510–DS–S Information Officer, Customer Information also section 203(o)(4)(C) of the Act. Services Group, Public Information Services The CAFTA-DR Act requires the Division. President to establish procedures COMMITTEE FOR THE [FR Doc. E8–13048 Filed 6–10–08; 8:45 am] governing the submission of a request IMPLEMENTATION OF TEXTILE BILLING CODE 3510–16–P and providing opportunity for interested AGREEMENTS entities to submit comments and supporting evidence before a Determination under the Textile and Apparel Commercial Availability COMMITTEE FOR THE commercial availability determination is made. In Presidential Proclamations Provision of the Dominican Republic- IMPLEMENTATION OF TEXTILE Central America-United States Free AGREEMENTS 7987 and 7996, the President delegated to CITA the authority under section Trade Agreement (CAFTA-DR Determination under the Textile and 203(o)(4) of CAFTA-DR Act for Agreement) Apparel Commercial Availability modifying the Annex 3.25 list. On June 6, 2008. Provision of the Dominican Republic- March 21, 2007, CITA published final AGENCY: The Committee for the Central America-United States Free procedures it would follow in Implementation of Textile Agreements Trade Agreement (CAFTA-DR considering requests to modify the Agreement) Annex 3.25 list (72 FR 13256). ACTION: Determination to add a product On May 6, 2008, the Chairman of in unrestricted quantities to Annex 3.25 June 6, 2008. CITA received a request from Sandler, of the CAFTA-DR Agreement AGENCY: The Committee for the Travis, & Rosenberg, P.A. on behalf of Implementation of Textile Agreements B*W*A for certain 100% cotton woven EFFECTIVE DATE: June 11, 2008. ACTION: Determination to add a product indigo-dyed fabrics, of the specifications SUMMARY: The Committee for the in unrestricted quantities to Annex 3.25 detailed below. On May 7, 2008, CITA Implementation of Textile Agreements of the CAFTA-DR Agreement notified interested parties of, and posted (CITA) has determined that certain on its website, the accepted petition and 100% cotton woven indigo-dyed fabric, EFFECTIVE DATE: June 11, 2008. requested that interested entities as specified below, is not available in SUMMARY: The Committee for the provide, by May 20, 2008, a response commercial quantities in a timely Implementation of Textile Agreements advising of its objection to the request manner in the CAFTA-DR region. The (CITA) has determined that certain or its ability to supply the subject product will be added to the list in 100% cotton woven indigo-dyed fabric, product, and rebuttals to responses by Annex 3.25 of the CAFTA-DR in as specified below, is not available in May 27, 2008. No interested entity filed unrestricted quantities.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33067

FOR FURTHER INFORMATION CONTACT: procedures, as no interested entity SUPPLEMENTARY INFORMATION: Maria Dybczak, Office of Textiles and submitted a response objecting to the Authority: Section 203(o)(4) of the Apparel, U.S. Department of Commerce, request or expressing an ability to Dominican Republic-Central America-United (202) 482 3651. supply the subject product, CITA has States Free Trade Agreement Implementation FOR FURTHER INFORMATION ON- determined to add the specified fabrics Act (CAFTA-DR Act); the Statement of LINE: http://web.ita.doc.gov/tacgi/ to the list in Annex 3.25 CAFTA-DR Administrative Action (SAA), accompanying CaftaReqTrack.nsf. Reference number: Agreement. the CAFTA-DR Act; Presidential 66.2008.05.06.Fabric.ST&RforBWA The subject fabrics are added to the Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). SUPPLEMENTARY INFORMATION: list in Annex 3.25 CAFTA-DR Agreement in unrestricted quantities. A BACKGROUND: Authority: Section 203(o)(4) of the revised list has been published on-line. Dominican Republic-Central America-United The CAFTA-DR Agreement provides a States Free Trade Agreement Implementation Specifications: list in Annex 3.25 for fabrics, yarns, and Act (CAFTA-DR Act); the Statement of Administrative Action (SAA), accompanying HTS: 5208.39.6090 and 5208.39.8090 fibers that the Parties to the CAFTA-DR the CAFTA-DR Act; Presidential Fiber Content: 100% combed cotton Agreement have determined are not Proclamations 7987 (February 28, 2006) and Average Yarn Number: available in commercial quantities in a 7996 (March 31, 2006). Metric: 64/2 + 64/1 x 64/1 to 71/2 + 71/1 x 71/2 timely manner in the territory of any English: 38/2 + 38/1 x 38/1 to 42/2 + 42/1 x 42/1 BACKGROUND: Construction: Woven with a dobby attachment Party. The CAFTA-DR Agreement Weight: provides that this list may be modified The CAFTA-DR Agreement provides a Metric: 135-149 gms/sq. mtr. pursuant to Article 3.25(4)-(5), when the list in Annex 3.25 for fabrics, yarns, and English: 4.0 - 4.4 oz./sq. yd. President of the United States fibers that the Parties to the CAFTA-DR Width: Metric: 135-149 cm. determines that a fabric, yarn, or fiber is Agreement have determined are not English: 53-59 in. not available in commercial quantities available in commercial quantities in a Finish: Piece dyed with synthetic indigo, color index in a timely manner in the territory of timely manner in the territory of any no: 73000 any Party. See Annex 3.25, Note; see Party. The CAFTA-DR Agreement R. Matthew Priest, also section 203(o)(4)(C) of the Act. provides that this list may be modified The CAFTA-DR Act requires the pursuant to Article 3.25(4)-(5), when the Chairman, Committee for the Implementation of Textile Agreements. President to establish procedures President of the United States governing the submission of a request determines that a fabric, yarn, or fiber is [FR Doc. E8–13072 Filed 6–10–08; 8:45 am] BILLING CODE 3510–DS–S and providing opportunity for interested not available in commercial quantities entities to submit comments and in a timely manner in the territory of supporting evidence before a any Party. See Annex 3.25, Note; see COMMITTEE FOR THE commercial availability determination is also section 203(o)(4)(C) of the Act. IMPLEMENTATION OF TEXTILE made. In Presidential Proclamations The CAFTA-DR Act requires the AGREEMENTS 7987 and 7996, the President delegated President to establish procedures to CITA the authority under section governing the submission of a request Determination under the Textile and 203(o)(4) of CAFTA-DR Act for and providing opportunity for interested Apparel Commercial Availability modifying the Annex 3.25 list. On entities to submit comments and Provision of the Dominican Republic- March 21, 2007, CITA published final supporting evidence before a Central America-United States Free procedures it would follow in commercial availability determination is Trade Agreement (CAFTA-DR considering requests to modify the made. In Presidential Proclamations Agreement) Annex 3.25 list (72 FR 13256). 7987 and 7996, the President delegated to CITA the authority under section June 6, 2008. On May 6, 2008, the Chairman of 203(o)(4) of CAFTA-DR Act for AGENCY: The Committee for the CITA received a request from Sandler, modifying the Annex 3.25 list. On Implementation of Textile Agreements Travis, & Rosenberg, P.A. on behalf of March 21, 2007, CITA published final ACTION: Determination to add a product B*W*A for certain 100% cotton woven procedures it would follow in in unrestricted quantities to Annex 3.25 indigo-dyed fabrics, of the specifications considering requests to modify the of the CAFTA-DR Agreement detailed below. On May 7, 2008, CITA Annex 3.25 list (72 FR 13256). notified interested parties of, and posted On May 6, 2008, the Chairman of EFFECTIVE DATE: June 11, 2008. on its website, the accepted petition and CITA received a request from Sandler, SUMMARY: The Committee for the requested that interested entities Travis, & Rosenberg, P.A. on behalf of Implementation of Textile Agreements provide, by May 20, 2008, a response B*W*A for certain 100% cotton woven (CITA) has determined that certain advising of its objection to the request indigo-dyed fabrics, of the specifications 100% cotton woven indigo-dyed fabric, or its ability to supply the subject detailed below. On May 7, 2008, CITA as specified below, is not available in product, and rebuttals to responses by notified interested parties of, and posted commercial quantities in a tiely manner May 27, 2008. No interested entity filed on its website, the accepted petition and in the CAFTA-DR region. The product a response advising of its objection to requested that interested entities will be added to the list in Annex 3.25 the request or its ability to supply the provide, by May 20, 2008, a response of the CAFTA-DR in unrestricted subject product. advising of its objection to the request quantities. In accordance with Section 203(o)(4) or its ability to supply the subject FOR FURTHER INFORMATION CONTACT: of the CAFTA-DR Act, and its product, and rebuttals to responses by Maria Dybczak, Office of Textiles and procedures, as no interested entity May 27, 2008. No interested entity filed Apparel, U.S. Department of Commerce, submitted a response objecting to the a response advising of its objection to (202) 482 3651. request or expressing an ability to the request or its ability to supply the FOR FURTHER INFORMATION ON- supply the subject product, CITA has subject product. LINE: http://web.ita.doc.gov/tacgi/ determined to add the specified fabrics In accordance with Section 203(o)(4) CaftaReqTrack.nsf. Reference number: to the list in Annex 3.25 CAFTA-DR of the CAFTA-DR Act, and its 65.2008.05.06.Fabric.ST&RforBWA Agreement.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33068 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

The subject fabrics are added to the review of actions and recommendations ACTION: Notice of intent. list in Annex 3.25 CAFTA-DR from five subcommittees: Defense Agreement in unrestricted quantities. A Language Institute Foreign Language SUMMARY: The U.S. Army Corps of revised list has been published on-line. Center, Command and General Staff Engineers (COE), Wilmington District, College Board of Visitors, Army War Wilmington Regulatory Division is Specifications: College Board of Visitors, Distance amending the request for Department of HTS: 5208.39.8090 Learning/Training Technology the Army authorization, pursuant to Fiber Content: 100% combed cotton Applications Subcommittee, and the Section 404 of the Clean Water Act and Average Yarn Number: Reserve Officer Training Corps Metric: 97/2 x 64/1 to 107/2 x+ 71/1 Section 10 of the Rivers and Harbors English: 57/2 x 38/1 to 63/2 x 42/1 Subcommittee. Approved Act, from Carolinas Cement Company Construction: Woven with a dobby attachment recommendations will be forwarded to LLC (a subsidiary of Titan America LLC) Weight: the Office of the Administrative Metric: 124-137 gms/sq. mtr. to construct the Carolinas Cement English: 3.7 - 4.0 oz./sq. yd. Assistant, Secretary of the Army, the Company LLC Castle Hayne Project. appropriate Subcommittee’s Alternate Width: This project will include quarrying to Metric: 135-149 cm Designated Federal Official (ADFO), and support cement manufacturing in English: 53-59 in. the Subcommittee’s decision maker. Finish: Piece dyed with synthetic indigo, color index northern New Hanover County, NC. The no: 73000 Filing Written Statement: Pursuant to 41 CFR 102–3.140d, the Committee is amendment is a change in date and R. Matthew Priest, not obligated to allow the public to location of the scoping meeting and an Chairman, Committee for the Implementation speak; however, interested persons may extension of the comment period of Textile Agreements. submit a written statement for deadline. The original Notice of Intent [FR Doc. E8–13074 Filed 6–10–08; 8:45 am] consideration by the Subcommittees. was published in the Federal Register BILLING CODE 3510–DS–S Individuals submitting a written on May 30, 2008 (73 FR 31072), with a statement must submit their statement comment deadline of June 30, 2008. to the Designated Federal Officer (DFO) DATES: The public scoping meeting date DEPARTMENT OF DEFENSE at the address listed (see FOR FURTHER and location for the DEIS has been INFORMATION CONTACT). Written Department of the Army changed. Originally it was to be held at statements not received at least 10 Emsley A. Laney High School, 2700 calendar days prior to the meeting may Advisory Committee Meeting Notice North College Road, Wilmington, NC, not be provided to or considered by the June 12, 2008, at 6 p.m. EST, but AGENCY: Department of the Army, DOD. subcommittees until its next meeting. because of a scheduling conflict with ACTION: Notice of meeting. The DFO will review all timely submissions with the Chairperson, and New Hanover County and the lack of air SUMMARY: Pursuant to the Federal ensure they are provided to the conditioning for the facilities at the Advisory Committee Act of 1972 (5 members of the respective High School the meeting had to be U.S.C., Appendix, as amended), the subcommittee before the meeting. After rescheduled. The meeting will now take Sunshine in the Government Act of reviewing written comments, the place at Wilmington Christian 1976 (U.S.C. 552b, as amended) and 41 Chairperson and the DFO may choose to Academy/Grace Baptist Church, 1401 Code of the Federal Regulations (CFR invite the submitter of the comments to North College Road, Wilmington, NC, 102–3.140 through 160), the Department orally present their issue during the July 1, 2008, at 6 p.m. EST. Also, the of the Army announces the following open portion of this meeting or at a comment deadline is being extended committee meeting: Name of Committee: Army Education future meeting. from June 30, 2008, to July 15, 2008. The DFO, in consultation with the Advisory Committee. ADDRESSES: Copies of comments and Chairperson, may allot a specific Date: July 7, 2008. questions regarding scoping of the Draft Place: Meeting will be conducted amount of time for the members of the EIS may be addressed to: U.S. Army electronically online using Adobe public to present their issues for review Corps of Engineers, Wilmington District, Connect. and discussion. Time: 1400–1500. Regulatory Division, ATTN: File Brenda S. Bowen, FOR FURTHER INFORMATION CONTACT: For Number SAW–2007–00073, P.O. Box information please contact Mr. Wayne Army Federal Register Liaison Officer. 1890, Wilmington, NC 28402–1890. [FR Doc. E8–13052 Filed 6–10–08; 8:45 am] Joyner at FOR FURTHER INFORMATION CONTACT: [email protected] or BILLING CODE 3710–08–P Questions about the proposed action (757) 788–5890. Written submissions and DEIS can be directed to Mr. Henry are to be submitted to the following DEPARTMENT OF DEFENSE Wicker, Regulatory Division, telephone: address: Army Education Advisory (910) 251–4930. Committee, ATTN: Designated Federal Department of the Army; Corps of Officer, 5 Fenwick Road, building 161, SUPPLEMENTARY INFORMATION: None. room 217, Fort Monroe, Virginia 23651. Engineers Brenda S. Bowen, Attendance will be limited to those Notice of Intent To Prepare a Draft Army Federal Register Liaison Officer. persons who have notified the Advisory Environmental Impact Statement for [FR Doc. E8–13100 Filed 6–10–08; 8:45 am] Committee Management Office at least Carolinas Cement Company LLC 10 calendar days prior to the meeting Castle Hayne Project in New Hanover BILLING CODE 3710–GN–P requesting the web address of the County, NC meeting and guest authorization. SUPPLEMENTARY INFORMATION: Proposed AGENCY: Department of the Army, U.S. Agenda: The meeting agenda includes a Army Corps of Engineers, DoD.

VerDate Aug<31>2005 16:18 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33069

DEPARTMENT OF ENERGY FERC Online service, please e-mail Applicants: Black River Generation, [email protected]. or call LLC; Northbrook New York, LLC Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Description: Black River Generation, Commission (202) 502–8659. LLC et al. submits a compliance filing pursuant to Order 697. [Docket No. ER08–1050–000] Kimberly D. Bose, Filed Date: 06/02/2008. Dragon Energy LLC; Supplemental Secretary. Accession Number: 20080604–0049. Notice that Initial Market-Based Rate [FR Doc. E8–13024 Filed 6–10–08; 8:45 am] Comment Date: 5 p.m. Eastern Time Filing Includes Request for Blanket BILLING CODE 6717–01–P on Monday, June 23, 2008. Section 204 Authorization Docket Numbers: ER05–1178–013; June 4, 2008. DEPARTMENT OF ENERGY ER05–1191–013. This is a supplemental notice in the Applicants: Gila River Power, L.P.; above-referenced proceeding of Dragon Federal Energy Regulatory Union Power Partners, L.P. Energy LLC’s application for market- Commission Description: Project Companies based rate authority, with an submit Notice of Change in Status accompanying rate schedule, noting that Combined Notice of Filings #1 relating to their upstream ownership such application includes a request for structure. June 4, 2008. Filed Date: 05/30/2008. blanket authorization, under 18 C.F.R. Take notice that the Commission Part 34, of future issuances of securities Accession Number: 20080604–0037. received the following electric corporate Comment Date: 5 p.m. Eastern Time and assumptions of liability. filings: Any person desiring to intervene or to on Friday, June 20, 2008. protest should file with the Federal Docket Numbers: EC08–96–000. Docket Numbers: ER07–357–003. Energy Regulatory Commission, 888 Applicants: Armstrong Energy Applicants: Fenton Power Partners I, First Street, NE., Washington, DC 20426, Limited Ptnshp, LLLP; TPF APT LLC. in accordance with Rules 211 and 214 Holdings, LLC; Warburg Pincus Private Description: Fenton Power Partners I, of the Commission’s Rules of Practice Equity IX, L.P.; Pleasants Energy LLC; LLC submits changes to its market-based and Procedure (18 CFR 385.211 and Troy Energy LLC; Tenaska Power Fund, rate tariff to comply with Order 697. 385.214). Anyone filing a motion to L.P.; Calumet Co-Investment Fund, L.P., Filed Date: 05/05/2008. intervene or protest must serve a copy IPA Central, LLC. Accession Number: 20080508–0212. of that document on the Applicant. Description: Application of TPF APT Comment Date: 5 p.m. Eastern Time Notice is hereby given that the Holdings LLC et al for necessary on Wednesday, June 11, 2008. approvals for indirect transfer to Buyer deadline for filing interventions or Docket Numbers: ER08–878–001. of all ownership interests in Armstrong, protests with regard to the applicant’s Applicants: Wisconsin Power and Pleasants, Troy and CEDT, each of request for blanket authorization, under Light Company. which owns and operates an existing 18 C.F.R. Part 34, of future issuances of Description: Wisconsin Power and facility. securities and assumptions of liability, Light Company submits revised Original is June 24, 2008. Filed Date: 05/30/2008. Accession Number: 20080603–0037. Sheets 9 to Substitute Original Sheet 9A The Commission encourages etc to the Balancing Area Operations electronic submission of protests and Comment Date: 5 p.m. Eastern Time on Friday, June 20, 2008. Coordination Agreement pursuant to interventions in lieu of paper, using the Order 614. Docket Numbers: EC08–97–000. FERC Online links at http:// Filed Date: 06/02/2008. Applicants: Otter Tail Corporation. www.ferc.gov. To facilitate electronic Accession Number: 20080604–0032. service, persons with Internet access Description: Application for Authorization Under Section 203 of the Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be on Wednesday, June 11, 2008. listed as a contact for an intervenor Federal Power Act and Request for Expedited Action of Otter Tail Docket Numbers: ER08–1032–000. must create and validate an Applicants: Westar Energy, Inc. eRegistration account using the Corporation. Filed Date: 06/03/2008. Description: Westar Energy, Inc eRegistration link. Select the eFiling submits Second Revised Sheets 4 and 1 link to log on and submit the Accession Number: 20080603–5085. Comment Date: 5 p.m. Eastern Time to the Wholesale Electric Service intervention or protests. Agreement commencing 2/1/088, Persons unable to file electronically on Tuesday, June 24, 2008. designated First Revised Rate Schedule should submit an original and 14 copies Take notice that the Commission FERC 245 between Westar and the City of the intervention or protest to the received the following electric rate of Vermillin, Kansas etc. Federal Energy Regulatory Commission, filings: Filed Date: 05/30/2008. 888 First St., NE., Washington, DC Docket Numbers: ER97–4345–023; Accession Number: 20080603–0095. 20426. ER98–511–011. The filings in the above-referenced Applicants: OGE Energy Resources, Comment Date: 5 p.m. Eastern Time proceeding are accessible in the Inc.; Oklahoma Gas and Electric on Friday, June 20, 2008. Commission’s eLibrary system by Company. Docket Numbers: ER08–1033–000. clicking on the appropriate link in the Description: Oklahoma Gas and Applicants: Westar Energy, Inc. above list. They are also available for Electric Co et al submits a notice of Description: Westar Energy, Inc review in the Commission’s Public change in status. submits a Petition for Approval of Reference Room in Washington, DC. Filed Date: 05/30/2008. Settlement Agreement. There is an eSubscription link on the Accession Number: 20080604–0031. Filed Date: 05/30/2008. Web site that enables subscribers to Comment Date: 5 p.m. Eastern Time Accession Number: 20080603–0100. receive e-mail notification when a on Friday, June 20, 2008. Comment Date: 5 p.m. Eastern Time document is added to a subscribed Docket Numbers: ER04–617–003; on Friday, June 20, 2008. dockets(s). For assistance with any ER99–3911–006. Docket Numbers: ER08–1034–000.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33070 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Applicants: Westar Energy, Inc. Docket Numbers: ER08–1057–000. Description: Southern Companies Description: Westar Energy Inc Applicants: Entergy Services, Inc. submits Revision 1 to the Service submits the Kansas and Electric Description: Entergy Services, Inc. on Agreement for Network Integration Company submits Second Revised Sheet behalf of the Entergy Operating Transmission Service between Southern 11 and 1 to the Wholesale Electric Companies submits a Summary of Companies and Georgia Transmission Service Agreement commencing 2/1/88 Redetermined Rates etc. for the Point-to- Corporation, an Electric Membership as First Revised Rate Schedule 175. Point Transmission Service Tariff. Corporation. Filed Date: 05/30/2008. Filed Date: 05/30/2008. Filed Date: 06/03/2008. Accession Number: 20080603–0094. Accession Number: 20080603–0119. Accession Number: 20080604–0035. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Friday, June 20, 2008. on Friday, June 20, 2008. on Tuesday, June 24, 2008. Docket Numbers: ER08–1038–000. Docket Numbers: ER08–1058–000. Docket Numbers: ER08–1064–000. Applicants: New England Power Pool. Applicants: Southern California Applicants: Midwest Independent Description: The New England Power Edison Company. Transmission System Operator, Inc. Pool Participants Committee submits Description: Southern California Description: Midwest Independent signature pages of the New England Edison Company submits a letter Transmission System Operator, Inc. et Power Pool Agreement dated as of agreement between the Transmission al. submit proposed revisions to 9/1/71. and Distribution Business Unit of SCE Attachment 3, Interregional Filed Date: 05/30/2008. and the Generation Business Unit of Coordination Process of their Joint Accession Number: 20080603–0093. SCE. Operating Agreement. Comment Date: 5 p.m. Eastern Time Filed Date: 06/02/2008. Filed Date: 06/03/2008. on Friday, June 20, 2008. Accession Number: 20080603–0121. Accession Number: 20080604–0034. Docket Numbers: ER08–1047–000. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Applicants: Westar Energy, Inc. on Monday, June 23, 2008. on Tuesday, June 24, 2008. Description: Westar Energy, Inc. Docket Numbers: ER08–1059–000; Docket Numbers: ER08–1062–000. Applicants: Westar Energy, Inc. submits a Petition for Approval of ER06–615–024; ER07–1257–006; ER08– Settlement Agreement. Description: Westar Energy, Inc. 519–002. submits Petition for Approval of Filed Date: 05/30/2008. Applicants: California Independent Accession Number: 20080603–0117. Settlement Agreement. System Operator Corporation. Comment Date: 5 p.m. Eastern Time Filed Date: 05/30/2008. Description: California Independent on Friday, June 20, 2008. Accession Number: 20080604–0038. System Operator Corporation submits Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–1050–000. an amendment to both the current ISO Applicants: Dragon Energy LLC. on Friday, June 20, 2008. Tariff and the CAISO’s Market Redesign Take notice that the Commission Description: Dragon Energy LLC and Technology Upgrade Tariff to submits an application for authorization received the following open access enhance provisions under those tariffs transmission tariff filings: to make wholesale sales of energy and relating to Congestion etc. capacity at negotiated, market-based Docket Numbers: OA08–92–000. Filed Date: 05/30/2008. Applicants: Entergy Services Inc. rates. Accession Number: 20080604–0041. Filed Date: 06/02/2008. Description: Motion of Entergy Comment Date: 5 p.m. Eastern Time Services, Inc. for Extension of the Accession Number: 20080603–0112. on Friday, June 20, 2008. Comment Date: 5 p.m. Eastern Time Limited Waiver of Order No. 890–A on Monday, June 23, 2008. Docket Numbers: ER08–1060–000. Compliance Requirement. Applicants: American Electric Power Docket Numbers: ER08–1051–000. Filed Date: 05/30/2008. Service Corporation. Applicants: NSTAR Electric Accession Number: 20080530–5146. Description: American Electric Power Company. Comment Date: 5 p.m. Eastern Time Description: NSTAR Electric System submits an amendment to Part on Friday, June 20, 2008. Company submits its Annual IV of the Open Access Transmission Any person desiring to intervene or to Informational filing containing the true- Tariff to FERC Electric Tariff, Third protest in any of the above proceedings up of billings under Schedule 21– Revised Volume 6. must file in accordance with Rules 211 NSTAR to Schedule 11 of the ISO New Filed Date: 06/02/2008. and 214 of the Commission’s Rules of Accession Number: 20080604–0033. England Inc., Transmission, Markets Practice and Procedure (18 CFR 385.211 Comment Date: 5 p.m. Eastern Time and Services Tariff, FERC Electric Tariff and 385.214) on or before 5 p.m. Eastern on Monday, June 23, 2008. 3 etc. time on the specified comment date. It Filed Date: 06/02/2008. Docket Numbers: ER08–1061–000. is not necessary to separately intervene Accession Number: 20080603–0118. Applicants: American Transmission again in a subdocket related to a Comment Date: 5 p.m. Eastern Time Company LLC. compliance filing if you have previously on Monday, June 23, 2008. Description: American Transmission intervened in the same docket. Protests Docket Numbers: ER08–1056–000. Co., LLC submits an executed will be considered by the Commission Applicants: Entergy Services, Inc. Distribution Transmission in determining the appropriate action to Description: Entergy Services, Inc. on Interconnection Agreement with Lake be taken, but will not serve to make behalf of the Entergy Operating Mills Light & Water Department dated protestants parties to the proceeding. Companies submits the rates to 5/1/08. Anyone filing a motion to intervene or implement the decision of the Filed Date: 06/02/2008. protest must serve a copy of that Commission as contained in Opinion Accession Number: 20080604–0036. document on the Applicant. In reference 480 et al. Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Filed Date: 05/30/2008. on Monday, June 23, 2008. interventions or protests submitted on Accession Number: 20080603–0120. Docket Numbers: ER08–1063–000. or before the comment deadline need Comment Date: 5 p.m. Eastern Time Applicants: Southern Company not be served on persons other than the on Friday, June 20, 2008. Services, Inc. Applicant.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33071

The Commission encourages for authorization of the disposition of with the establishment of Ancillary electronic submission of protests and jurisdictional facilities. Services Markets etc. interventions in lieu of paper, using the Filed Date: 05/23/2008. Filed Date: 05/23/2008. FERC Online links at http:// Accession Number: 20080528–0145. Accession Number: 20080528–0091. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time service, persons with Internet access on Friday, June 13, 2008. on Friday, June 13, 2008. who will eFile a document and/or be Take notice that the Commission Docket Numbers: ER07–521–004. listed as a contact for an intervenor received the following electric rate Applicants: New York Independent must create and validate an filings: System Operator, Inc. eRegistration account using the Docket Numbers: ER99–1757–014. Description: New York Independent eRegistration link. Select the eFiling Applicants: The Empire District System Operator Inc. submits an errata link to log on and submit the Electric Company. to its 5/16/08 compliance filing. intervention or protests. Description: Empire District Electric Filed Date: 05/23/2008. Persons unable to file electronically Company submits Sixth Revised Sheet 1 Accession Number: 20080528–0094. should submit an original and 14 copies and Second Revised Sheet 1A as part of Comment Date: 5 p.m. Eastern Time of the intervention or protest to the its FERC Electric Tariff, First Volume 3 on Friday, June 13, 2008. Federal Energy Regulatory Commission, effective 9/18/07. Docket Numbers: ER08–92–004. 888 First St., NE., Washington, DC Filed Date: 05/27/2008. Applicants: Virginia Electric and 20426. Accession Number: 20080529–0055. Power Company. The filings in the above proceedings Comment Date: 5 p.m. Eastern Time Description: Dominion Virginia Power are accessible in the Commission’s on Tuesday, June 17, 2008. submits revised tariff sheets in eLibrary system by clicking on the Docket Numbers: ER03–9–012; ER98– Attachments H–16A and H–16B to PJM appropriate link in the above list. They 2157–013. Interconnection, LLC’s open-access are also available for review in the Applicants: Westar Energy, Inc.; transmission tariff and on 6/2/08 Commission’s Public Reference Room in Kansas Gas and Electric Company. submits an errata to this filing. Washington, DC. There is an Description: Westar Energy, Inc. et al. Filed Date: 05/29/2008; 06/02/2008. Accession Number: 20080602–0101; eSubscription link on the Web site that submits a notice of non-material change 20080603–0144. enables subscribers to receive e-mail in status related to Westar’s ownership Comment Date: 5 p.m. Eastern Time notification when a document is added and control of approximately 300 MW on Thursday, June 19, 2008. to a subscribed docket(s). For assistance of natural gas-fired combustion turbine with any FERC Online service, please e- generation through the construction of Docket Numbers: ER08–394–002. mail [email protected] or new generation. Applicants: Midwest Independent call (866) 208–3676 (toll free). For TTY, Filed Date: 05/29/2008. Transmission System Operator, Inc. Description: Midwest Independent call (202) 502–8659. Accession Number: 20080602–0110. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. Nathaniel J. Davis, Sr., on Thursday, June 19, 2008. submits proposed revisions to its Open Access Transmission and Energy Deputy Secretary. Docket Numbers: ER03–1413–005. Markets Tariff in compliance with the [FR Doc. E8–13036 Filed 6–10–08; 8:45 am] Applicants: Sempra Energy Trading BILLING CODE 6717–01–P Commission’s directives. Corp. Filed Date: 05/27/2008. Description: Sempra Energy Trading, Accession Number: 20080529–0053. LLC submits response to FERC’s 4/22/08 DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time supplemental request for additional on Tuesday, June 17, 2008. information. Federal Energy Regulatory Docket Numbers: ER08–627–002. Filed Date: 05/22/2008. Commission Applicants: NSTAR Electric Accession Number: 20080528–0052. Company. Comment Date: 5 p.m. Eastern Time Combined Notice of Filings #1 Description: NSTAR Electric on Thursday, June 12, 2008. June 02, 2008. Company submits proposed clarification Docket Numbers: ER07–476–002. and revisions to Schedule 20A–NSTAR Take notice that the Commission Applicants: ISO New England Inc., of the ISO New England Inc. Open received the following electric corporate New England Power Pool. Access Transmission Tariff to comply filings: Description: ISO New England et al. with the 30 day compliance filing Docket Numbers: EC08–69–000. submits proposed amendments to the directives set forth etc. Applicants: Public Service Company ISO Tariff in compliance with the Filed Date: 05/29/2008. of New Mexico. Commission’s 2/25/08 order in the Accession Number: 20080602–0112. Description: Amendment to proceeding and with Order 681 and Comment Date: 5 p.m. Eastern Time Application of Public Service Company 681–A on long-term firm transmission on Thursday, June 19, 2008. of New Mexico. rights. Docket Numbers: ER08–628–001. Filed Date: 05/27/2008. Filed Date: 05/27/2008. Applicants: California Independent Accession Number: 20080527–5055. Accession Number: 20080529–0054. System Operator Corporation. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Description: California Independent on Friday, June 6, 2008. on Tuesday, June 17, 2008. System Operator Corporation submits Docket Numbers: EC08–93–000. Docket Numbers: ER07–1372–008. the instant filing in compliance with the Applicants: Pittsfield Generating Applicants: Midwest Independent Commission’s Order Conditional Company, L.P., PE-Pittsfield LLC, Transmission System Operator, Inc. Accepting Tariff Revisions etc. Pittsfield Power Holding Company LLC, Description: Midwest Independent Filed Date: 05/29/2008. Pittsfield Power GP LLC. Transmission System Operator Inc. Accession Number: 20080602–0111. Description: Pittsfield Generating submits amendments to their Balancing Comment Date: 5 p.m. Eastern Time Company et al. submits an application Authority Agreement in connection on Thursday, June 19, 2008.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33072 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Docket Numbers: ER08–961–001. Applicants: Commonwealth Edison Comment Date: 5 p.m. Eastern Time Applicants: Arizona Public Service Company, Commonwealth Edison Co. of on Wednesday, June 18, 2008. Company. Indiana, Inc. Docket Numbers: ER08–1016–000. Description: Arizona Public Service Description: Commonwealth Edison Applicants: PJM Interconnection, Company submits revision to its May 15 Company Indiana, Inc. submits revise L.L.C. informational filing of its Annual Attachment H–13 (Network Integration Description: PJM Interconnection LLC Update of transmission service rates Transmission Service for the ConEd submits revisions to the PJM Open pursuant to the APS Open Access Zone) of the PJM Interconnection, LLC Access Transmission Tariff and the Transmission Tariff. Open Access Transmission Tariff. Amended and Restated Operating Filed Date: 05/27/2008. Filed Date: 05/27/2008. Agreement. Accession Number: 20080529–0052. Accession Number: 20080529–0051. Filed Date: 05/28/2008. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20080529–0163. on Tuesday, June 17, 2008. on Tuesday, June 17, 2008. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–1004–000. Docket Numbers: ER08–1011–000. on Wednesday, June 18, 2008. Applicants: Global Advisors Power Applicants: California Independent Docket Numbers: ER08–1017–000. Marketing, LP. System Operator Corporation. Applicants: PacifiCorp. Description: Global Advisors Power Description: California Independent Description: PacifiCorp submits Marketing, LP submits Notice of System Operator Corporation submits Service Agreement 452 dated 4/30/08 Cancellation, a Second Revised Sheet 1 an amendment to the CAISO’s Market for the provision of Long-Term Firm to their market-based rate tariff. Redesign and Technology Upgrade Point-to-Point Transmission Service Filed Date: 05/23/2008. Tariff. Between Powerex and PacifiCorp. Accession Number: 20080527–0035. Filed Date: 05/23/2008. Filed Date: 05/29/2008. Comment Date: 5 p.m. Eastern Time Accession Number: 20080529–0050. Accession Number: 20080602–0109. on Friday, June 13, 2008. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Friday, June 13, 2008. Docket Numbers: ER08–1005–000. on Thursday, June 19, 2008. Applicants: Southern California Docket Numbers: ER08–1012–000. Edison Company. Applicants: PPL Renewable Energy, Docket Numbers: ER08–1018–000. Description: Southern California LLC. Applicants: Bangor Hydro-Electric Edison Co. submits the Large Generator Description: PPL Renewable Energy, Company. Interconnection Agreement with Terra- LLC submits the Application to sell Description: Bangor Hydro-Electric Gen Dixie Valley, LLC et al. Electric Energy Capacity and Ancillary Company submits revisions to its local Filed Date: 05/23/2008. Services at Market-Based Rates. service schedule set forth as Schedule Accession Number: 20080527–0034. Filed Date: 05/28/2008. 21–BHE in the ISO New England Inc Comment Date: 5 p.m. Eastern Time Accession Number: 20080529–0167. Transmission Markets and Services on Friday, June 13, 2008. Comment Date: 5 p.m. Eastern Time Tariff. Filed Date: 05/29/2008. Docket Numbers: ER08–1006–000. on Wednesday, June 18, 2008. Accession Number: 20080602–0108. Applicants: Entergy Services, Inc. Docket Numbers: ER08–1013–000. Comment Date: 5 p.m. Eastern Time Description: Entergy Mississippi, Inc. Applicants: Mirant Lovett, LLC. on Thursday, June 19, 2008. submits amendments to the Amended Description: Mirant Lovett LLC seeks and Restated Interconnection and to cancel their FERC Electric Tariff, First Docket Numbers: ER08–1019–000. Operating Agreement with Southaven Revised Volume 1, effective 7/28/08. Applicants: Wisconsin Electric Power Power, LLC. Filed Date: 05/28/2008. Company. Filed Date: 05/23/2008. Accession Number: 20080529–0166. Description: Wisconsin Electric Power Accession Number: 20080527–0036. Comment Date: 5 p.m. Eastern Time Company submits Metering Service Comment Date: 5 p.m. Eastern Time on Wednesday, June 18, 2008. Agreement with Alliant Energy Nennah on Friday, June 13, 2008. Docket Numbers: ER08–1014–000. LLC, FERC Tariff 120, effective 6/1/08. Docket Numbers: ER08–1008–000. Applicants: Niagara Mohawk Power Filed Date: 05/29/2008. Applicants: Arizona Public Service Corporation. Accession Number: 20080602–0107. Company. Description: National Grid submits Comment Date: 5 p.m. Eastern Time Description: Arizona Public Service First Revised Service Agreement 1163 on Thursday, June 19, 2008. Co. submits an Interconnection with Fibertek Energy LLC under New Docket Numbers: ER08–1021–000. Agreement with Electrical District No. 3 York Independent System Operator LLC Applicants: CMS Distributed Power, of Pinal County, AZ. open access transmission tariff, FERC L.L.C. Filed Date: 05/23/2008. Electric Tariff, Original Volume 1. Description: CMS Distributed Power, Accession Number: 20080528–0090. Filed Date: 05/28/2008. LLC submits cancellation of market- Comment Date: 5 p.m. Eastern Time Accession Number: 20080529–0165. based electric power tariff. on Friday, June 13, 2008. Comment Date: 5 p.m. Eastern Time Filed Date: 05/29/2008. Docket Numbers: ER08–1009–000. on Wednesday, June 18, 2008. Accession Number: 20080602–0106. Applicants: Kansas City Power & Docket Numbers: ER08–1015–000. Comment Date: 5 p.m. Eastern Time Light Company. Applicants: Ameren Services on Thursday, June 19, 2008. Description: Kansas City Power & Company. Docket Numbers: ER96–780–019; Light Co. submits First Revised FERC Description: Central Illinois Public ER01–1633–007; ER00–3240–010; Rate Schedule 101. Service Company submits an executed ER03–1383–010. Filed Date: 05/27/2008. service agreement for Wholesale Applicants: Southern Company Accession Number: 20080528–0089. Distribution Service with Mt. Carmel Services, Inc.; Southern Company— Comment Date: 5 p.m. Eastern Time Public Utility Co. Florida LLC; Oleander Power Project, on Tuesday, June 17, 2008. Filed Date: 05/28/2008. L.P.; DeSoto County Generating Docket Numbers: ER08–1010–000. Accession Number: 20080529–0164. Company, LLC.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33073

Description: Alabama Power Co et al. Persons unable to file electronically agreement pursuant to Rate Schedule submits a Report of Non-Material should submit an original and 14 copies FTS executed with Constellation Energy Change In Status and Order 697 of the intervention or protest to the Commodities Group, Inc, to become Compliance Filing. Federal Energy Regulatory Commission, effective 5/29/08. Filed Date: 05/23/2008. 888 First St., NE., Washington, DC Filed Date: 06/03/2008. Accession Number: 20080528–0050. 20426. Accession Number: 20080603–0135. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings Comment Date: 5 p.m. Eastern Time on Friday, June 13, 2008. are accessible in the Commission’s on Monday, June 16, 2008. Docket Numbers: ER98–855–010. eLibrary system by clicking on the Docket Numbers: CP08–119–001. Applicants: Wisconsin Electric Power appropriate link in the above list. They Applicants: Columbia Gulf Company. are also available for review in the Transmission Company. Description: Wisconsin Electric Power Commission’s Public Reference Room in Description: Columbia Gulf Co submits its Revised Rate Schedule to Washington, DC. There is an Transmission Company submits comply with FERC’s 4/18/08 Order and eSubscription link on the Web site that compliance filing to cancel Rate Order 697–A. enables subscribers to receive e-mail Schedules X–11 and X–85. Filed Date: 05/23/2008. notification when a document is added Filed Date: 05/27/2008. Accession Number: 20080528–0093. to a subscribed dockets(s). For Accession Number: 20080529–0084. Comment Date: 5 p.m. Eastern Time assistance with any FERC Online Comment Date: 5 p.m. Eastern Time on Friday, June 13, 2008. service, please e-mail on Thursday, June 12, 2008. Take notice that the Commission [email protected] or call Docket Numbers: CP08–54–002. received the following open access (866) 208–3676 (toll free). For TTY, call Applicants: Columbia Gulf transmission tariff filings: (202) 502–8659. Transmission Company. Description: Columbia Gulf Docket Numbers: OA07–54–005; Nathaniel J. Davis, Sr., ER07–1291–004. Transmission Company compliance Deputy Secretary. filing to cancel Dynegy Marketing and Applicants: PacifiCorp. [FR Doc. E8–13037 Filed 6–10–08; 8:45 am] Description: PacifiCorp submits Trade capacity entitlements. revised business practices, in BILLING CODE 6717–01–P Accession Number: 20080530–5030. compliance with FERC’s 4/28/08 order. Comment Date: 5 p.m. Eastern Time on Thursday, June 12, 2008. Filed Date: 05/28/2008. DEPARTMENT OF ENERGY Accession Number: 20080529–0168. Docket Numbers: CP08–55–002. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Applicants: Tennessee Gas Pipeline on Wednesday, June 18, 2008. Commission Company. Any person desiring to intervene or to Description: Tennessee Gas Pipeline protest in any of the above proceedings Combined Notice of Filings #1 Company submits Seventeenth Revised must file in accordance with Rules 211 Sheet No. 4 et al. for inclusion in FERC and 214 of the Commission’s Rules of Thursday, June 5, 2008. Gas Tariff, Original Volume No. 2. Practice and Procedure (18 CFR 385.211 Take notice that the Commission has Filed Date: 05/30/2008. and 385.214) on or before 5 p.m. Eastern received the following Natural Gas Accession Number: 20080603–0131. time on the specified comment date. It Pipeline Rate and Refund Report filings: Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene Docket Numbers: RP08–347–001. on Thursday, June 12, 2008. again in a subdocket related to a Applicants: Columbia Gulf Any person desiring to intervene or to compliance filing if you have previously Transmission Company. protest in any of the above proceedings intervened in the same docket. Protests Description: Columbia Gulf must file in accordance with Rules 211 will be considered by the Commission Transmission Company submits and 214 of the Commission’s Rules of in determining the appropriate action to Substitute Forty Fifth Revised Sheet 18 Practice and Procedure (18 CFR 385.211 be taken, but will not serve to make et al. to FERC Gas Tariff, Second and 385.214) on or before 5 p.m. Eastern protestants parties to the proceeding. Revised Volume 1, to become effective time on the specified comment date. It Anyone filing a motion to intervene or 6/1/08. is not necessary to separately intervene protest must serve a copy of that Filed Date: 06/02/2008. again in a subdocket related to a document on the Applicant. In reference Accession Number: 20080603–0133. compliance filing if you have previously to filings initiating a new proceeding, Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests interventions or protests submitted on on Monday, June 16, 2008. will be considered by the Commission or before the comment deadline need Docket Numbers: RP08–387–000. in determining the appropriate action to not be served on persons other than the Applicants: Hardy Storage Company, be taken, but will not serve to make Applicant. LLC. protestants parties to the proceeding. The Commission encourages Description: Hardy Storage Submits Anyone filing a motion to intervene or electronic submission of protests and its Penalty Revenue Credit Report for protest must serve a copy of that interventions in lieu of paper, using the 2007–2008. document on the Applicant. In reference FERC Online links at http:// Filed Date: 05/23/2008. to filings initiating a new proceeding, www.ferc.gov. To facilitate electronic Accession Number: 20080523–5086. interventions or protests submitted on service, persons with Internet access Comment Date: 5 p.m. Eastern Time or before the comment deadline need who will eFile a document and/or be on Wednesday, June 11, 2008. not be served on persons other than the listed as a contact for an intervenor Docket Numbers: RP08–397–000. Applicant. must create and validate an Applicants: Gulf South Pipeline The Commission encourages eRegistration account using the Company, LP. electronic submission of protests and eRegistration link. Select the eFiling Description: Gulf South Pipeline interventions in lieu of paper, using the link to log on and submit the Company, LP submits a discontinued FERC Online links at http:// intervention or protests. short-term firm transportation www.ferc.gov. To facilitate electronic

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33074 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

service, persons with Internet access Independent System Operator, Inc. on updated fixed costs associated with who will eFile a document and/or be Demand Response Programs and New rates charged for sales of replacement listed as a contact for an intervenor Generation Projects. energy pursuant to Rate Schedule 35 must create and validate an Filed Date: 06/02/2008. etc. eRegistration account using the Accession Number: 20080602–5144. Filed Date: 05/30/2008. eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time Accession Number: 20080602–0105. link to log on and submit the on Monday, June 23, 2008. Comment Date: 5 p.m. Eastern Time intervention or protests. Docket Numbers: ER05–1056–004; on Friday, June 20, 2008. Persons unable to file electronically ER06–1548–002. Docket Numbers: ER08–1025–000. should submit an original and 14 copies Applicants: Chehalis Power Applicants: The Connecticut Light of the intervention or protest to the Generating, L.P. and Power Company. Federal Energy Regulatory Commission, Description: Chehalis Power Description: Connecticut Light and 888 First St., NE., Washington, DC Generating, L.P., Refund Report. Power Company submits an Amended 20426. Filed Date: 05/30/2008. Interconnection and Operation The filings in the above proceedings Accession Number: 20080530–5143. Agreement by and between designated are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time as Second Revised Service Agreement. eLibrary system by clicking on the on Friday, June 20, 2008. Filed Date: 05/30/2008. appropriate link in the above list. They Docket Numbers: ER08–552–001. Accession Number: 20080602–0104. Comment Date: 5 p.m. Eastern Time are also available for review in the Applicants: Niagara Mohawk Power on Friday, June 20, 2008. Commission’s Public Reference Room in Corporation. Washington, DC. There is an Description: Response to Deficiency Docket Numbers: ER08–1026–000. eSubscription link on the Web site that Letter of April 30, 2008 of Niagara Applicants: FirstEnergy Service enables subscribers to receive e-mail Mohawk Power Corporation. Company. notification when a document is added Filed Date: 05/30/2008. Description: FirstEnergy Service to a subscribed docket(s). For assistance Accession Number: 20080530–5121. Company on behalf of The Cleveland with any FERC Online service, please e- Comment Date: 5 p.m. Eastern Time Electric Illuminating Company et al. mail [email protected] or on Friday, June 20, 2008. submits Notices of Cancellation of Rate call (866) 208–3676 (toll free). For TTY, Schedule FERC 26 et al. call (202) 502–8659. Docket Numbers: ER08–837–002. Filed Date: 05/30/2008. Applicants: PJM Interconnection, Accession Number: 20080602–0103. Nathaniel J. Davis, Sr., L.L.C. Comment Date: 5 p.m. Eastern Time Deputy Secretary. Description: Amendment to Filing of on Friday, June 20, 2008. PJM Interconnection, L.L.C. [FR Doc. E8–13034 Filed 6–10–08; 8:45 am] Docket Numbers: ER08–1027–000. Filed Date: 05/30/2008. BILLING CODE 6717–01–P Applicants: Ameren Services Accession Number: 20080530–5114. Company. Comment Date: 5 p.m. Eastern Time Description: Central Illinois Public DEPARTMENT OF ENERGY on Friday, June 20, 2008. Service Company submits an executed Docket Numbers: ER08–971–001. service agreement for Wholesale Federal Energy Regulatory Applicants: Commonwealth Edison Commission Distribution Service with Wabash Company, Commonwealth Edison Co. of Valley Power Association, Inc as agent Combined Notice of Filings #1 Indiana, Inc. for Enerstar Electric Cooperative et al. Description: Commonwealth Edison Filed Date: 05/30/2008. June 3, 2008. Company et al. submits redlined version Accession Number: 20080602–0102. Take notice that the Commission of the tariff sheets previously submitted Comment Date: 5 p.m. Eastern Time received the following electric corporate on 5/15/08. on Friday, June 20, 2008. filings: Filed Date: 05/30/2008. Docket Numbers: ER08–1029–000. Docket Numbers: EC08–95–000. Accession Number: 20080603–0032. Applicants: Westar Energy, Inc. Applicants: PDI Stoneman, Inc.; Mid- Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc American Power, LLC; DTE Energy on Friday, June 20, 2008. submits a Petition for Approval of Services, Inc. Docket Numbers: ER08–1020–000. Settlement Agreement. Description: Joint Application of PDI Applicants: The Toledo Edison Filed Date: 05/30/2008. Stoneman, Inc, Mid-American Power, Company. Accession Number: 20080603–0102. LLC and DTE Energy Services, Inc for Description: Toledo Edison Company Comment Date: 5 p.m. Eastern Time authorization of proposed transaction submits Notice of Cancellation of the on Friday, June 20, 2008. under Section 203 of the Federal Power Interconnection and Service Agreement Docket Numbers: ER08–1031–000. Act etc. Between The Toledo Edison Company Applicants: Westar Energy, Inc. Filed Date: 05/29/2008. and American Municipal Power-Ohio, Description: Westar Energy, Inc Accession Number: 20080603–0035. Inc dated 5/1/89 etc. submits Petition for Approval of Comment Date: 5 p.m. Eastern Time Filed Date: 05/29/2008. Settlement Agreement. on Thursday, June 19, 2008. Accession Number: 20080602–0115. Filed Date: 05/30/2008. Take notice that the Commission Comment Date: 5 p.m. Eastern Time Accession Number: 20080603–0101. received the following electric rate on Thursday, June 19, 2008. Comment Date: 5 p.m. Eastern Time filings: Docket Numbers: ER08–1024–000. on Friday, June 20, 2008. Docket Numbers: ER01–3001–020. Applicants: Golden Spread Electric Docket Numbers: ER08–1035–000. Applicants: New York Independent Cooperative, Inc. Applicants: Westar Energy, Inc. System Operator, Inc. Description: Golden Spread Electric Description: Westar Energy, Inc Description: Semi-Annual 2007 Cooperative, Inc submits its Eighth submits a Petition for Approval of Compliance Report of New York Informational Filing setting forth Settlement Agreement.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33075

Filed Date: 05/30/2008. Applicants: Midwest Independent adjustment for their Open Access Accession Number: 20080603–0099. Transmission System. Transmission Tariff, Schedules 7 and 8 Comment Date: 5 p.m. Eastern Time Description: Midwest Independent and Attachment H as 2nd Rev Sheet 137 on Friday, June 20, 2008. Transmission System Operator Inc et al. Docket Numbers: ER08–1036–000. submits proposed revisions to Section Filed Date: 05/30/2008. Applicants: Westar Energy, Inc. 40.2.22 (Emergency Energy Assistance) Accession Number: 20080603–0111. Description: Westar Energy Inc et al and Section 40.3.3.d (Charges and Comment Date: 5 p.m. Eastern Time submit Second Revised Sheet 8 and 1 to Credits for Midwest ISO Balancing on Friday, June 20, 2008. the Wholesale Electric Service Authority etc). Docket Numbers: ER08–1052–000. Agreement dated 12/21/87, designated Filed Date: 05/30/2008. Applicants: PJM Interconnection, as First Revised Rate Schedule 250 with Accession Number: 20080603–0087. L.L.C. the City of Burlingame KS. Comment Date: 5 p.m. Eastern Time Description: PJM Interconnection, Filed Date: 05/30/2008. on Friday, June 20, 2008. LLC submits Transmission Service Accession Number: 20080603–0108. Docket Numbers: ER08–1044–000. Agreement between PJM and Orion Comment Date: 5 p.m. Eastern Time Applicants: PJM Interconnection, power Midwest, LP for Firm Point-to- on Friday, June 20, 2008. L.L.C. Point Transmission Service pursuant to Docket Numbers: ER08–1037–000. Description: PJM Interconnection, Part II of the PJM Open Access Tariff Applicants: Westar Energy, Inc. LLC submits Transmission Service etc. Description: Westar Energy Inc Agreement between PJM and Filed Date: 05/30/2008. submits Petition for Approval of FirstEnergy Solutions Corp on behalf of Accession Number: 20080603–0113. Settlement Agreement. FirstEnergy Nuclear Generation Corp for Comment Date: 5 p.m. Eastern Time Filed Date: 05/30/2008. Firm Point-to-Point Transmission on Friday, June 20, 2008. Accession Number: 20080603–0109. Service. Docket Numbers: ER08–1053–000. Comment Date: 5 p.m. Eastern Time Filed Date: 05/30/2008. Applicants: California Independent Accession Number: 20080603–0086. on Friday, June 20, 2008. System Operator C. Comment Date: 5 p.m. Eastern Time Description: California Independent Docket Numbers: ER08–1039–000. on Friday, June 20, 2008. Applicants: DPL Energy, LLC. System Operator Corporation submits Description: DPL Energy, LLC submits Docket Numbers: ER08–1045–000. proposed amendments to their FERC its proposed FERC Electric Tariff, Applicants: Southwest Power Pool, electric tariffs—both currently effective Original Volume 2 and supporting cost Inc. tariff and the MRTU Tariff etc. data. Description: Southwest Power Pool, Filed Date: 05/30/2008. Filed Date: 05/30/2008. Inc submits Service Agreement for Accession Number: 20080603–0114. Accession Number: 20080603–0092. Network Integration Transmission Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Service between SPP as Transmission on Friday, June 20, 2008. on Friday, June 20, 2008. Provider and Kansas Power Pool as, Network Customer. Docket Numbers: ER08–1054–000. Docket Numbers: ER08–1040–000. Filed Date: 05/30/2008. Applicants: Southwest Power Pool, Applicants: Entergy Services, Inc. Accession Number: 20080603–0085. Inc. Description: Entergy Operating Comment Date: 5 p.m. Eastern Time Description: Southwest Power Pool Companies submits a Notice of on Friday, June 20, 2008. Inc submits an executed Service Termination of Service Agreement 2 Agreement for Network Integration Docket Numbers: ER08–1046–000. with Hodge Utility Operating Company. Transmission Service with Applicants: Westar Energy, Inc. Filed Date: 05/30/2008. Description: Westar Energy, Inc and Transmission Provider and Kansas Accession Number: 20080603–0091. Kansas Gas and Electric Co submit their Power Pool as Network Customer. Comment Date: 5 p.m. Eastern Time Second Revised Sheet 10 and 1 to the Filed Date: 05/30/2008. on Friday, June 20, 2008. Wholesale Electric Service Agreement Accession Number: 20080603–0115. Docket Numbers: ER08–1041–000. commencing 2/1/88. Comment Date: 5 p.m. Eastern Time Applicants: Entergy Services, Inc. Filed Date: 05/30/2008. on Friday, June 20, 2008. Description: City of Benton Arkansas Accession Number: 20080603–0089. Docket Numbers: ER08–1055–000. et al submit First Revised Service Comment Date: 5 p.m. Eastern Time Applicants: Midwest Independent Agreement 466 et al under FERC on Friday, June 20, 2008. Transmission System. Electric Tariff, Third Revised Volume 3. Docket Numbers: ER08–1048–000. Description: Midwest Independent Filed Date: 05/30/2008. Applicants: Westar Energy, Inc. Transmission System Operator Inc Accession Number: 20080603–0090. Description: Westar Energy, Inc et al submits an Amended and Restates Comment Date: 5 p.m. Eastern Time submit revised tariff sheets to three Midwest Contingency Reserve Sharing on Friday, June 20, 2008. existing participation power service Group Agreement. Docket Numbers: ER08–1042–000. agreements with Midwest Energy, Inc Filed Date: 05/30/2008. Applicants: Midwest Independent etc. Accession Number: 20080603–0116. Transmission System. Filed Date: 05/30/2008. Comment Date: 5 p.m. Eastern Time Description: Midwest Independent Accession Number: 20080603–0110. on Friday, June 20, 2008. Transmission System Operator, Inc Comment Date: 5 p.m. Eastern Time Take notice that the Commission submits Notice of Cancellation of the on Friday, June 20, 2008. received the following open access 2006 CRSG Agreement etc. Docket Numbers: ER08–1049–000. transmission tariff filings: Filed Date: 05/30/2008. Applicants: MidAmerican Energy Docket Numbers: OA07–56–003. Accession Number: 20080603–0088. Company. Applicants: MidAmerican Energy Comment Date: 5 p.m. Eastern Time Description: MidAmerican Energy Company. on Friday, June 20, 2008. Company submits a single-issue rate Description: MidAmerican Energy Docket Numbers: ER08–1043–000. and transmission revenue requirement Company conform to the Open Access

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33076 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Transmission Tariff to Order Nos. 890 (866) 208–3676 (toll free). For TTY, call Date and Time Location and 890–A regarding rollover rights as (202) 502–8659. required by paragraph 46 of Order Tuesday, June 24, Mount Hope High Nathaniel J. Davis, Sr., issued April 3, 2008. 2008, 7:00 p.m. to School Auditorium, Deputy Secretary. 9:00 p.m. (EST). 199 Chestnut Filed Date: 06/02/2008. [FR Doc. E8–13035 Filed 6–10–08; 8:45 am] Street, Bristol, RI 02809. Accession Number: 20080602–5150. BILLING CODE 6717–01–P Wednesday, June 25, Venus De Milo Res- Comment Date: 5 p.m. Eastern Time 2008, 7:00 p.m. to taurant, 75 Grand on Monday, June 23, 2008. 9:00 p.m. (EST). Army of the Repub- DEPARTMENT OF ENERGY lic Hwy, (Route 6), Any person desiring to intervene or to Swansea, MA protest in any of the above proceedings Federal Energy Regulatory 02777. must file in accordance with Rules 211 Commission and 214 of the Commission’s Rules of The Commission will use the EIS in Practice and Procedure (18 CFR 385.211 [Docket No. PF08–18–000] its decision-making process to and 385.214) on or before 5 p.m. Eastern determine whether or not to authorize time on the specified comment date. It Weaver’s Cove Energy, LLC.; Notice of the project. The Coast Guard will assess is not necessary to separately intervene Intent To Prepare an Environmental the safety and security of the Offshore again in a subdocket related to a Impact Statement for the Proposed Berth Project and issue a Letter of Weaver’s Cove Offshore Berth Project, compliance filing if you have previously Recommendation. As described above, Request for Comments on intervened in the same docket. Protests the FERC staff and the Coast Guard will Environmental Issues, and Notice of will be considered by the Commission hold public scoping meetings to allow Public Meetings in determining the appropriate action to the public to provide input on these be taken, but will not serve to make June 4, 2008. assessments. This notice explains the protestants parties to the proceeding. scoping process that will be used to The Federal Energy Regulatory Anyone filing a motion to intervene or gather information on the project from Commission (FERC or Commission) and public and interested agencies, and protest must serve a copy of that the U.S. Department of Homeland document on the Applicant. In reference summarizes the process that the Coast Security, U.S. Coast Guard (Coast Guard will use. Your input will help to filings initiating a new proceeding, Guard) are in the process of evaluating identify the issues that need to be interventions or protests submitted on the Offshore Berth Project planned by evaluated in the EIS and in the Coast or before the comment deadline need Weaver’s Cove Energy, LLC (Weaver’s Guard’s safety and security assessment. not be served on persons other than the Cove). The project would amend the The FERC will be the lead federal Applicant. Weaver’s Cove LNG Terminal, which agency for the preparation of the EIS. The Commission encourages was authorized by the FERC on July 15, The Coast Guard will serve as a electronic submission of protests and 2005, and consists of a liquefied natural cooperating agency during preparation interventions in lieu of paper, using the gas (LNG) import terminal in Fall River, of the EIS. The document will satisfy FERC Online links at http:// Massachusetts, in Docket No. CP04–36– the requirements of the National www.ferc.gov. To facilitate electronic 000. The planned project amendment Environmental Policy Act of 1969 service, persons with Internet access involves the construction and operation (NEPA). In addition, with this notice, who will eFile a document and/or be of an offshore LNG import berth we 1 are asking other federal, state, and listed as a contact for an intervenor (Offshore Berth) in Mount Hope Bay in local agencies with jurisdiction and/or must create and validate an Massachusetts waters and buried special expertise with respect to eRegistration account using the submarine LNG transfer pipelines to the environmental issues to cooperate with eRegistration link. Select the eFiling authorized Weaver’s Cove LNG us in the preparation of the EIS. These link to log on and submit the Terminal. agencies may choose to participate once intervention or protests. As part of this evaluation, the FERC they have evaluated Weaver’s Cove’s staff will prepare an environmental proposal relative to their Persons unable to file electronically impact statement (EIS) that will address responsibilities. Agencies that would should submit an original and 14 copies the environmental impacts of the like to request cooperating status should of the intervention or protest to the project. This notice announces the follow the instructions for filing Federal Energy Regulatory Commission, opening of the scoping process the comments described later in this notice. 888 First St., NE., Washington, DC Commission will use to gather input Consultations have already been 20426. from the public and interested agencies initiated with the U.S. Army Corps of The filings in the above proceedings on the proposed project. Your input will Engineers, and other state and/or federal are accessible in the Commission’s help determine which issues need to be agencies. Consultations with these and eLibrary system by clicking on the evaluated in the EIS. Please note that other agencies will continue throughout appropriate link in the above list. They the scoping period will close on July 7, the project review and permitting are also available for review in the 2008. period. The Massachusetts Energy Facilities Commission’s Public Reference Room in Comments regarding this project may Washington, DC. There is an Siting Board (MEFSB) is an independent be submitted in written form or board that licenses major energy eSubscription link on the Web site that verbally. Further details on how to enables subscribers to receive e-mail facilities in Massachusetts and is submit written comments are provided charged with ensuring a reliable energy notification when a document is added in the Public Participation section of supply for the Commonwealth with a to a subscribed dockets(s). For this notice. In lieu of or in addition to assistance with any FERC Online sending written comments, we invite 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the service, please e-mail you to attend the public scoping environmental staff of the Commission’s Office of [email protected]. or call meetings scheduled as follows: Energy Projects.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33077

minimum impact on the environment at part of the authorized project that could result if it issues project the lowest possible cost. The MEFSB allows for marine access to the Weaver’s authorizations to Weaver’s Cove under has no authority over the siting of Cove LNG Terminal. No other aspects of sections 3 and 7 of the Natural Gas Act. interstate natural gas facilities; however, the authorized project (e.g., vessel The Coast Guard will use the EIS to it represents the citizens of transit route, LNG terminal, or natural determine if a Letter of Massachusetts before the FERC on cases gas pipeline laterals) evaluated under Recommendation should be issued, involving the construction of applicable Docket No. CP04–36–000 have been with or without conditions, under 33 energy infrastructure in Massachusetts. proposed for amendment by Weaver’s CFR Section 127.009. The NEPA also The public scoping meeting in Swansea, Cove. Only minor changes to authorized requires us to discover and address Massachusetts will be a joint scoping piping and layout, instruments, and the concerns the public may have about meeting with participation by the capacity of the boil-off handling system proposals. This process is referred to as MEFSB. resulting from the proposed amendment ‘‘scoping.’’ The main goal of the scoping This notice is being sent to federal, would occur at the authorized terminal; process is to focus the analysis in the state, and local government agencies; therefore, aspects of the authorized EIS on the important environmental elected officials; affected landowners project will not be reassessed for the issues and reasonable alternatives. With (landowners within a half-mile radius of purpose of this amendment. The this notice, the Commission staff is the project facilities); environmental evaluation of the proposed amendment requesting public comments on the and public interest groups; Native will focus on the Offshore Berth and scope of the issues to be addressed in American tribes; commentors and other buried submarine LNG transfer the EIS. All comments received will be interested parties; and local libraries pipelines. considered during preparation of the and newspapers. We encourage The Offshore Berth, with a total EIS. government representatives to notify footprint of approximately 1.0 acre, Although no formal application has their constituents of this planned would be located in the waters of Mount been filed, we have already initiated our project and encourage them to comment Hope Bay, approximately 1 mile NEPA review under the Commission’s on their areas of concern. southwest of Brayton Point in Somerset, pre-filing process. The purpose of the pre-filing process is to encourage early Summary of the Proposed Project Massachusetts, and would be approximately 1 mile from the nearest involvement of interested stakeholders Weaver’s Cove proposes to construct shoreline. The project also includes two and to identify and resolve issues before and operate an offshore LNG offloading 4.25-mile-long cryogenic LNG transfer an application is filed with the FERC. In berth and cryogenic LNG transfer pipelines, extending along the Taunton addition, the Coast Guard, which would pipelines that will transport LNG from River from the Offshore Berth to the be responsible for reviewing the safety tankers with cargo capacities of up to previously authorized LNG terminal in and security aspects of the planned 155,000 cubic meters to an onshore LNG Fall River, Massachusetts. project and regulating safety and storage tank at the authorized Weaver’s Weaver’s Cove has proposed this security if the project is approved, has Cove LNG Terminal site in Fall River, amendment to address ongoing initiated its review of the project as Massachusetts. More specifically, environmental and safety concerns well. As part of our pre-filing process Weaver’s Cove’s Offshore Berth Project raised by various stakeholders in regard review, we have begun to contact some would consist of: to the authorized Weaver’s Cove LNG • federal and state agencies to discuss An offshore berth jetty Terminal-side berth location. Weaver’s their involvement in the scoping approximately 1,200 feet in length Cove states the Offshore Berth Project is process and the preparation of the EIS. including a central platform measuring a viable alternative to its terminal-side 250 feet by 125 feet, four mooring In addition, representatives from the berthing facility because it would FERC participated in public open dolphins, three breasting dolphins, alleviate navigation concerns of LNG supporting fender panels, and an houses sponsored by Weaver’s Cove in vessels navigating between the old and the project area on May 19–20, 2008, to unloading platform; new Brightman Street Bridges. • Three or four 16-inch-diameter explain the environmental review A location map depicting Weaver’s process to interested stakeholders. unloading arms; Cove’s proposed facilities, including its • Two 4.25-mile-long, 24-inch- During June 2008, we will conduct preferred buried submarine transfer line interagency scoping meetings in the diameter cryogenic LNG transfer route, is attached to this notice as pipelines; project area to solicit comments and appendix 1.2 • A vapor generation system located concerns about the project from on the jetty consisting of a 20-inch- The EIS Process jurisdictional agencies. By this notice, diameter line connected to a 16-inch- we are formally announcing our The NEPA requires the Commission preparation of the EIS and requesting diameter marine arm; to take into account the environmental • A new 1,100-yard-long private additional agency and public comments impacts that could result from an action vessel channel from the federal to help us focus the analysis in the EIS when it considers whether or not an navigation channel to the Offshore on the potentially significant LNG import terminal or interstate Berth, and a new tanker turning basin environmental issues related to the natural gas pipeline facilities should be totaling 40 acres; proposed action. • Ancillary LNG transfer equipment, approved. The FERC will use the EIS to Our independent analysis of the power substation, emergency generator, consider the environmental impacts that issues will be included in a draft EIS. uninterruptable power supply, a control The draft EIS will be mailed to federal, 2 The appendices referenced in this notice are not room and operating staff facilities; and being printed in the Federal Register . Copies are state, and local government agencies; • Passive and active security systems available on the Commission’s Web site (http:// elected officials; affected landowners; to deter and detect attempts at www.ferc.gov) at the ‘‘eLibrary’’ link or from the environmental and public interest unauthorized access. Commission’s Public Reference Room or call (202) groups; Indian tribes and regional 502–8371. For instructions on connecting to e- The Offshore Berth would provide an Library refer to the end of this notice. Copies of the Native American organizations; alternative to the Weaver’s Cove LNG appendices were sent to all those receiving this commentors; other interested parties; Terminal-side berth which comprises notice in the mail. local libraries and newspapers; and the

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33078 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

FERC’s official service list for this • Distance of berthed LNG vessels environmental effects, reasonable proceeding. A 45-day comment period from the channel, and the width of the alternatives (including alternative will be allotted for review of the draft channel. facility sites and pipeline routes), and EIS. We will consider all comments on This analysis results in a Letter of measures to avoid or lessen the draft EIS and revise the document, Recommendation issued to the owner or environmental impacts. The more as necessary, before issuing a final EIS. operator and to the state and local specific your comments, the more useful We will consider all comments on the governments having jurisdiction, they will be. To ensure that your final EIS before we make our addressing the suitability of the comments are timely and properly recommendations to the Commission. waterway to accommodate LNG vessels, recorded, please mail your comments so To ensure that your comments are as prescribed by 33 CFR 127.009. that they will be received in considered, please follow the In addition, the Coast Guard will Washington, DC on or before July 7, instructions in the Public Participation review and approve the facility’s 2008, and carefully follow these section of this notice. operations manual and emergency instructions: response plan (33 CFR 127.019), as well • Send an original and two copies of Coast Guard Letter of Recommendation as the facility’s security plan (33 CFR your letter to: Kimberly D. Bose, Process 105.410). The Coast Guard will also Secretary, Federal Energy Regulatory The Coast Guard is responsible for provide input to other federal, state, and Commission, 888 First St., NE., Room matters related to navigation safety, local government agencies reviewing the 1A, Washington, DC 20426. • vessel engineering and safety standards, project. Label one copy of your comments In order to complete a thorough for the attention of Gas Branch 1, DG2E. and all matters pertaining to the safety • of facilities or equipment located in or analysis and fulfill the regulatory Reference Docket No. PF08–18–000 mandates cited above, Weaver’s Cove on the original and both copies. adjacent to navigable waters up to the • last valve immediately before the will be conducting a Waterway Send an additional copy of your receiving tanks. The Coast Guard also Suitability Assessment (WSA), a formal letter to: Selma H. Urman, Esq., Massachusetts has authority for LNG facility security risk assessment evaluating the various Energy Facilities Siting Board, One plan review, approval, and compliance safety and security aspects associated with the Offshore Berth Project. South Station, Boston, MA 02110. verification as provided in Title 33 of Your letter to the MEFSB should also Comments received during the public the Code of Federal Regulations, (CFR) reference Docket No. PF08–18–000. comment period will be considered as Part 105, and recommendations for The public scoping meetings (date, input in the risk assessment process. siting as it pertains to the management time, and location listed above) are The results of the WSA will be of vessel traffic in and around the LNG designed to provide another opportunity submitted to the Coast Guard to be used facility. to offer comments on the planned in determining whether the waterway is As required by 33 CFR 127.007, project. Interested groups and suitable for LNG traffic. Weaver’s Cove submitted a Letter of individuals are encouraged to attend the Intent on April 18, 2008 to the Coast Currently Identified Environmental meetings and to present comments on Guard Captain of the Port, Southeastern Issues the environmental issues that they New England, proposing to construct believe should be addressed in the EIS. the Offshore Berth in Mount Hope Bay We have already identified issues that we think deserve attention based on a A transcript of the meetings will be to receive LNG deliveries from tankers generated so that your comments will be transiting portions of Narragansett Bay preliminary review of the project area and information on the planned accurately recorded. In addition, we and Mount Hope Bay. Upon receipt of have asked Weaver’s Cove to be a Letter of Intent from an owner or facilities provided by Weaver’s Cove. This preliminary list of issues, which is available with project location maps to operator intending to build a new LNG answer project-related questions a half- facility (such as the letter submitted by presented below, may be revised based on your comments and our continuing hour before and after the meetings. Weaver’s Cove on April 18, 2008), the The Commission encourages Coast Guard Captain of the Port analyses. • Impact of the Offshore Berth and electronic filing of comments. See Title conducts an analysis based on: 18 of the CFR, Part 385.2001(a)(1)(iii) • The physical location and layout of LNG ship traffic on other Mount Hope Bay users, including fishing and and the instructions on the the facility and its berthing and mooring Commission’s internet Web site at arrangements; recreational boaters. • Safety issues relating to LNG ship http://www.ferc.gov under the link to • The LNG vessels’ characteristics traffic at the Offshore Berth and ‘‘Documents and Filings’’ and ‘‘eFiling.’’ and the frequency of LNG shipments to cryogenic LNG transfer pipelines. eFiling is a file attachment process and the facility; • requires that you prepare your • Potential impacts on residents in Commercial, industrial, the project area, including safety issues submission in the same manner as you environmentally sensitive, and at the offshore berth, noise, air quality, would if filing on paper, and save it to residential areas in and adjacent to the and visual resources. a file on your computer’s hard drive. waterway used by the LNG vessels en • Project impacts on marine resources New eFiling users must first create an route to the facility; account by clicking on ‘‘Sign up’’ or • and their associated habitats, including Density and character of the marine dredging impacts. ‘‘eRegister.’’ You will be asked to select traffic on the waterway; • Project impacts on cultural the type of filing you are making. This • Bridges or other man-made resources. filing is considered a ‘‘Comment on obstructions in the waterway; Filing.’’ In addition, there is a ‘‘Quick • Depth of water; Public Participation Comment’’ option available, which is an • Tidal range; You can make a difference by easy method for interested persons to • Natural hazards, including rocks providing us with your specific submit text-only comments on a project. and sandbars; comments or concerns about the The Quick-Comment User Guide can be • Underwater pipelines and cables; planned Offshore Berth Project. Your viewed at http://www.ferc.gov/docs- and comments should focus on the potential filing/efiling/quick-comment-guide.pdf.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33079

Quick Comment does not require a In addition, the FERC now offers a ‘‘eFiling’’ link at http://www.ferc.gov. FERC eRegistration account; however, free service called eSubscription that Persons unable to file electronically you will be asked to provide a valid e- allows you to keep track of all formal should submit an original and 14 copies mail address. All comments submitted issuances and submittals in specific of the protest or intervention to the under either eFiling or the Quick dockets. This can reduce the amount of Federal Energy Regulatory Commission, Comment option are placed in the time you spend researching proceedings 888 First Street, NE., Washington, DC public record for the specified docket or by automatically providing you with 20426. project number(s). We will include all notification of these filings, document This filing is accessible on-line at comments that we receive within a summaries, and direct links to the http://www.ferc.gov, using the reasonable time frame in our documents. To register for this service, ‘‘eLibrary’’ link and is available for environmental analysis of the project. go to http://www.ferc.gov/ review in the Commission’s Public Once Weaver’s Cove formally files its esubscribenow.htm. Reference Room in Washington, DC. application with the Commission, you Public meetings or site visits will be There is an ‘‘eSubscription’’ link on the may want to become an official party to posted on the Commission’s calendar Web site that enables subscribers to the proceeding known as an located at http://www.ferc.gov/ receive e-mail notification when a ‘‘intervenor.’’ Intervenors play a more EventCalendar/EventsList.aspx along document is added to a subscribed formal role in the process and are able with other related information. docket(s). For assistance with any FERC to file briefs, appear at hearings, and be Finally, Weaver’s Cove has Online service, please e-mail heard by the courts if they choose to established an Internet Web site for this [email protected], or call appeal the Commission’s final decision. project at http://www.weaverscove. (866) 208–3676 (toll free). For TTY, call An intervenor formally participates in a com/. The Web site includes a project (202) 502–8659. Commission proceeding by filing a overview, status, potential impacts and Comment Date: 5 p.m. Eastern Time request to intervene. Instructions for mitigation, and answers to frequently- on June 11, 2008. asked questions. becoming an intervenor are included in Kimberly D. Bose, the User’s Guide under the ‘‘e-filing’’ Kimberly D. Bose, Secretary. link on the Commission’s Web site. Secretary. [FR Doc. E8–13028 Filed 6–10–08; 8:45 am] Please note that you may not request [FR Doc. E8–13025 Filed 6–10–08; 8:45 am] intervenor status at this time. You must BILLING CODE 6717–01–P wait until a formal application is filed BILLING CODE 6717–01–P with the Commission. Also, you do not DEPARTMENT OF ENERGY need intervenor status to have your DEPARTMENT OF ENERGY environmental comments considered. Federal Energy Regulatory Environmental Mailing List Federal Energy Regulatory Commission Commission If you wish to remain on our [Docket No. PR08–24–000] [Docket No. EL08–39–000] environmental mailing list and receive Dow Intrastate Gas Company; Notice future mailings, please return the New York Regional Interconnect, Inc.; of Petition for Rate Approval attached Mailing List Form (appendix 2 Notice of Filing of this notice). Also, indicate on the June 4, 2008. form your preference for receiving a June 4, 2008. Take notice that on May 30, 2008, paper version in lieu of an electronic Take notice that on May 28, 2008, Dow Intrastate Gas Company filed with version of the EIS on CD-ROM. If you New York Regional Interconnect, Inc. the Federal Energy Regulatory do not return this form, we will remove filed its response to the Commission’s Commission (Commission) a petition your name from the Commission’s May 13, 2008 request for additional pursuant to section 284.123(b)(2) of the environmental mailing list. information and clarification of its Commission’s regulations requesting Additional Information February 12, 2008, Petition of that the Commission approve its Declaratory Order. proposed rates for transportation service Additional information about the Any person desiring to intervene or to being provided pursuant to section project is available from the protest this filing must file in 311(a)(2) of the NGPA. Commission’s Office of External Affairs, accordance with Rules 211 and 214 of Any person desiring to participate in at 1–866–208–FERC (3372) or on the the Commission’s Rules of Practice and this rate proceeding must file a motion FERC Internet Web site (http:// Procedure (18 CFR 385.211, 385.214). to intervene or to protest this filing must www.ferc.gov) using the ‘‘eLibrary link.’’ Protests will be considered by the file in accordance with Rules 211 and Click on the eLibrary link, select Commission in determining the 214 of the Commission’s Rules of ‘‘General Search’’ and enter the project appropriate action to be taken, but will Practice and Procedure (18 CFR 385.211 docket number excluding the last three not serve to make protestants parties to and 385.214). Protests will be digits (i.e., PF08–18) in the ‘‘Docket the proceeding. Any person wishing to considered by the Commission in Number’’ field. Be sure you have become a party must file a notice of determining the appropriate action to be selected an appropriate date range. For intervention or motion to intervene, as taken, but will not serve to make assistance with eLibrary, the eLibrary appropriate. Such notices, motions, or protestants parties to the proceeding. helpline can be reached at 1–866–208– protests must be filed on or before the Any person wishing to become a party 3676, TTY (202) 502–8659, or by e-mail comment date. Anyone filing a motion must file a notice of intervention or at [email protected]. The to intervene or protest must serve a copy motion to intervene, as appropriate. eLibrary link on the FERC Internet Web of that document on the Applicant and Such notices, motions, or protests must site also provides access to the texts of all the parties in this proceeding. be filed on or before the date as formal documents issued by the The Commission encourages indicated below. Anyone filing an Commission, such as orders, notices, electronic submission of protests and intervention or protest must serve a and rule makings. interventions in lieu of paper using the copy of that document on the Applicant.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33080 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Anyone filing an intervention or protest determining the appropriate action to be of interruptible wheeling and title on or before the intervention or protest taken, but will not serve to make transfer at its facilities located in date need not serve motions to intervene protestants parties to the proceeding. Washington Township, Michigan, or protests on persons other than the Any person wishing to become a party commencing on May 30, 2008. Applicant. must file a notice of intervention or Any person desiring to participate in The Commission encourages motion to intervene, as appropriate. this rate proceeding must file a motion electronic submission of protests and Such notices, motions, or protests must to intervene or to protest this filing must interventions in lieu of paper using the be filed on or before the date as ‘‘eFiling’’ link at http://www.ferc.gov. indicated below. Anyone filing an file in accordance with Rules 211 and Persons unable to file electronically intervention or protest must serve a 214 of the Commission’s Rules of should submit an original and 14 copies copy of that document on the Applicant. Practice and Procedure (18 CFR 385.211 of the protest or intervention to the Anyone filing an intervention or protest and 385.214). Protests will be Federal Energy Regulatory Commission, on or before the intervention or protest considered by the Commission in 888 First Street, NE., Washington, DC date need not serve motions to intervene determining the appropriate action to be 20426. or protests on persons other than the taken, but will not serve to make This filing is accessible on-line at Applicant. protestants parties to the proceeding. http://www.ferc.gov, using the The Commission encourages Any person wishing to become a party ‘‘eLibrary’’ link and is available for electronic submission of protests and must file a notice of intervention or review in the Commission’s Public interventions in lieu of paper using the motion to intervene, as appropriate. Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. Such notices, motions, or protests must There is an ‘‘eSubscription’’ link on the Persons unable to file electronically be filed on or before the date as Web site that enables subscribers to should submit an original and 14 copies indicated below. Anyone filing an receive e-mail notification when a of the protest or intervention to the intervention or protest must serve a document is added to a subscribed Federal Energy Regulatory Commission, copy of that document on the Applicant. docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC Anyone filing an intervention or protest Online service, please e-mail 20426. on or before the intervention or protest [email protected], or call This filing is accessible on-line at date need not serve motions to intervene (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the or protests on persons other than the ‘‘eLibrary’’ link and is available for (202) 502–8659. Applicant. Comment Date: 5 p.m. Eastern Time review in the Commission’s Public on Friday, June 20, 2008. Reference Room in Washington, DC. The Commission encourages There is an ‘‘eSubscription’’ link on the electronic submission of protests and Kimberly D. Bose, Web site that enables subscribers to interventions in lieu of paper using the Secretary. receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. [FR Doc. E8–13026 Filed 6–10–08; 8:45 am] document is added to a subscribed Persons unable to file electronically BILLING CODE 6717–01–P docket(s). For assistance with any FERC should submit an original and 14 copies Online service, please e-mail of the protest or intervention to the [email protected], or call Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC Federal Energy Regulatory (202) 502–8659. 20426. Comment Date: 5 p.m. Eastern time Commission This filing is accessible on-line at Friday, June 20, 2008. [Docket No. PR08–25–000] http://www.ferc.gov, using the Kimberly D. Bose, ‘‘eLibrary’’ link and is available for Kinder Morgan Texas Pipeline LLC; Secretary. review in the Commission’s Public Notice of Petition for Rate Approval [FR Doc. E8–13027 Filed 6–10–08; 8:45 am] Reference Room in Washington, DC. BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the June 4, 2008. Web site that enables subscribers to Take notice that on May 30, 2008, receive e-mail notification when a Kinder Morgan Texas Pipeline LLC DEPARTMENT OF ENERGY document is added to a subscribed (KMTP) filed a petition for rate approval docket(s). For assistance with any FERC pursuant to section 284.123(b)(2) of the Federal Energy Regulatory Online service, please e-mail Commission’s regulations. KMTP Commission requests that the Commission approve [email protected], or call [Docket No. PR08–26–000] market-based rates for firm and (866) 208–3676 (toll free). For TTY, call (202) 502–8659. interruptible storage services provided Washington 10 Storage Corporation; at its North Dayton Gas Storage Facility, Notice of Petition for Rate Approval Comment Date: 5 p.m. Eastern Time located in Liberty County, Texas and at on Friday, June 20, 2008. its Markham Gas Storage Facility June 4, 2008. located in Matagorda County, Texas Take notice that on May 30, 2008, Kimberly D. Bose, commencing on May 30, 2008. Washington 10 Storage Corporation Secretary. Any person desiring to participate in (Washington 10) filed a petition for rate [FR Doc. E8–13023 Filed 6–10–08; 8:45 am] this rate proceeding must file a motion approval pursuant to section BILLING CODE 6717–01–P to intervene or to protest this filing must 284.123(b)(2) of the Commission’s file in accordance with Rules 211 and regulations. Washington 10 requests that 214 of the Commission’s Rules of the Commission approve market-based Practice and Procedure (18 CFR 385.211 rates for firm and interruptible storage and 385.214). Protests will be service, firm and interruptible park and considered by the Commission in loan service and hub services consisting

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33081

ENVIRONMENTAL PROTECTION the comment includes information 0001; telephone number: (703) 305– AGENCY claimed to be Confidential Business 6475; fax number: (703) 305–5884; e- Information (CBI) or other information mail address: [EPA–HQ–OPP–2008–0255; FRL–8364–9] whose disclosure is restricted by statute. [email protected]. Agency Information Collection Do not submit information that you SUPPLEMENTARY INFORMATION: Activities; Proposed Collection; consider to be CBI or otherwise Comment Request; Foreign Purchaser protected through regulations.gov or e- I. What Information is EPA Particularly Acknowledgment Statement of mail. The regulations.gov website is an Interested in? Unregistered Pesticides; EPA ICR No. ‘‘anonymous access’’ system, which Pursuant to section 3506(c)(2)(A) of 0161.11, OMB Control No. 2070–0027 means EPA will not know your identity PRA, EPA specifically solicits or contact information unless you comments and information to enable it AGENCY: Environmental Protection provide it in the body of your comment. to: Agency (EPA). If you send an e-mail comment directly 1. Evaluate whether the proposed ACTION: Notice. to EPA without going through collection of information is necessary regulations.gov, your e-mail address for the proper performance of the SUMMARY: In compliance with the will be automatically captured and functions of the Agency, including Paperwork Reduction Act (PRA) (44 included as part of the comment that is whether the information will have U.S.C. 3501 et seq.), this document placed in the docket and made available practical utility. announces that EPA is planning to on the Internet. If you submit an 2. Evaluate the accuracy of the submit a request to renew an existing electronic comment, EPA recommends Agency’s estimates of the burden of the approved Information Collection that you include your name and other proposed collection of information, Request (ICR) to the Office of contact information in the body of your including the validity of the Management and Budget (OMB). This comment and with any disk or CD-ROM methodology and assumptions used. ICR, entitled: ‘‘Foreign Purchaser you submit. If EPA cannot read your 3. Enhance the quality, utility, and Acknowledgment Statement of comment due to technical difficulties clarity of the information to be Unregistered Pesticides’’ and identified and cannot contact you for clarification, collected. by EPA ICR No. 0161.11 and OMB EPA may not be able to consider your 4. Minimize the burden of the Control No. 2070–0027, is scheduled to comment. Electronic files should avoid collection of information on those who expire on February 28, 2009. Before the use of special characters, any form are to respond, including through the submitting the ICR to OMB for review of encryption, and be free of any defects use of appropriate automated electronic, and approval, EPA is soliciting or viruses. mechanical, or other technological comments on specific aspects of the Docket: All documents in the docket collection techniques or other forms of proposed information collection. are listed in the docket index available information technology, e.g., permitting DATES: Comments must be received on in regulations.gov. To access the electronic submission of responses. In or before August 11, 2008. electronic docket, go to http:// particular, EPA is requesting comments ADDRESSES: Submit your comments, www.regulations.gov, select ‘‘Advanced from very small businesses (those that identified by docket identification (ID) Search,’’ then ‘‘Docket Search.’’ Insert employ less than 25) on examples of number EPA–HQ–OPP–2008–0255, by the docket ID number where indicated specific additional efforts that EPA one of the following methods: and select the ‘‘Submit’’ button. Follow could make to reduce the paperwork • Federal eRulemaking Portal: http:// the instructions on the regulations.gov burden for very small businesses www.regulations.gov. Follow the on-line website to view the docket index or affected by this collection. instructions for submitting comments. access available documents. Although • Mail: Office of Pesticide Programs listed in the index, some information is II. What Should I Consider when I (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other Prepare My Comments for EPA? Environmental Protection Agency, 1200 information whose disclosure is You may find the following Pennsylvania Ave., NW., Washington, restricted by statute. Certain other suggestions helpful for preparing your DC 20460–0001. material, such as copyrighted material, comments: • Delivery: OPP Regulatory Public is not placed on the Internet and will be 1. Explain your views as clearly as Docket (7502P), Environmental publicly available only in hard copy possible and provide specific examples. Protection Agency, Rm. S–4400, One form. Publicly available docket 2. Describe any assumptions that you Potomac Yard (South Bldg.), 2777 S. materials are available either in the used. Crystal Dr., Arlington, VA. Deliveries electronic docket at http:// 3. Provide copies of any technical are only accepted during the Docket’s www.regulations.gov, or, if only information and/or data you used that normal hours of operation (8:30 a.m. to available in hard copy, at the OPP support your views. 4 p.m., Monday through Friday, Regulatory Public Docket in Rm. S– 4. If you estimate potential burden or excluding legal holidays). Special 4400, One Potomac Yard (South Bldg.), costs, explain how you arrived at the arrangements should be made for 2777 S. Crystal Dr., Arlington, VA. The estimate that you provide. deliveries of boxed information. The hours of operation of this Docket 5. Provide specific examples to Docket Facility telephone number is Facility are from 8:30 a.m. to 4 p.m., illustrate your concerns. (703) 305–5805. Monday through Friday, excluding legal 6. Offer alternative ways to improve Instructions: Direct your comments to holidays. The Docket Facility telephone the collection activity. docket ID number EPA–HQ–OPP–2008– number is (703) 305–5805. 7. Make sure to submit your 0255. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: comments by the deadline identified received will be included in the docket Nathanael R. Martin, Field and External under DATES. without change and may be made Affairs Division (7506P), Office of 8. To ensure proper receipt by EPA, available on-line at http:// Pesticide Programs, Environmental be sure to identify the docket ID number www.regulations.gov, including any Protection Agency, 1200 Pennsylvania assigned to this action in the subject personal information provided, unless Ave., NW., Washington, DC 20460– line on the first page of your response.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33082 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

You may also provide the name, date, copy of this statement must be Agency’s new estimates of wages, and Federal Register citation. transmitted to an appropriate official of benefits, and overhead for all labor the government in the importing categories for affected industries, state III. What Information Collection country. The purpose of the purchaser government, and EPA employees. This Activity or ICR Does this Action Apply acknowledgment statement requirement change is an adjustment. to? is to notify the government of the V. What is the Next Step in the Process Affected entities: Entities potentially importing country that a pesticide for this ICR? affected by this action are a business judged hazardous to human health or engaged in the manufacturing of the environment, or for which no such EPA will consider the comments pesticides and other agricultural hazard assessment has been made, will received and amend the ICR as chemicals. Potentially affected entities be imported into that country. This appropriate. The final ICR package will may include, but are not limited to: information is submitted in the form of then be submitted to OMB for review Manufacturers of pesticides and other annual or per shipment statements to and approval pursuant to 5 CFR agricultural chemicals (NAICS code EPA, which maintains original records 1320.12. EPA will issue another Federal 325320), e.g., exporters of unregistered and transmits copies thereof to Register notice pursuant to 5 CFR pesticide products. This listing is not appropriate government officials of the 1320.5(a)(1)(iv) to announce the intended to be exhaustive, but rather countries which are importing the submission of the ICR to OMB and the provides a guide for readers regarding pesticides. opportunity to submit additional entities likely to be affected by this Burden statement: The annual public comments to OMB. If you have any action. Other types of entities not listed reporting and recordkeeping burden for questions about this ICR or the approval above could also be affected. The North this collection of information is process, please contact the person listed American Industrial Classification estimated to average 1.06 hours (around under FOR FURTHER INFORMATION System (NAICS) codes have been 65 minutes) per response. Burden CONTACT. provided to assist you and others in means the total time, effort, or financial List of Subjects determining whether this action might resources expended by persons to apply to certain entities. To determine generate, maintain, retain, or disclose or Environmental protection, Reporting whether you or your business may be provide information to or for a Federal and recordkeeping requirements. affected by this action, you should agency. This includes the time needed carefully examine the applicability to review instructions; develop, acquire, Dated: June 2, 2008. provisions in 40 CFR 168.75. install, and utilize technology and James B. Gulliford, Title: Foreign Purchaser systems for the purposes of collecting, Assistant Administrator, Office of Prevention, Acknowledgment Statement of validating, and verifying information, Pesticides and Toxic Substances. Unregistered Pesticides. processing and maintaining [FR Doc. E8–13006 Filed 6–10–08; 8:45 am] ICR numbers: EPA ICR No. 0161.11, information, and disclosing and BILLING CODE 6560–50–S OMB Control No. 2070–0027. ICR status: This ICR is currently providing information; adjust the scheduled to expire on February 28, existing ways to comply with any previously applicable instructions and ENVIRONMENTAL PROTECTION 2009. An Agency may not conduct or AGENCY sponsor, and a person is not required to requirements which have subsequently respond to, a collection of information, changed; train personnel to be able to [EPA–HQ–OPP–2003–0200; FRL–8368–2] unless it displays a currently valid OMB respond to a collection of information; Fenamiphos; Amendment to Use control number. The OMB control search data sources; complete and Deletion and Product Cancellation numbers for EPA’s regulations in title 40 review the collection of information; Order of the CFR, after appearing in the and transmit or otherwise disclose the information. Federal Register when approved, are AGENCY: The ICR provides a detailed Environmental Protection listed in 40 CFR part 9, are displayed explanation of this estimate, which is Agency (EPA). either by publication in the Federal only briefly summarized here: ACTION: Notice. Register or by other appropriate means, Estimated total number of potential SUMMARY: This notice announces EPA’s such as on the related collection respondents: 2,500. instrument or form, if applicable. The Frequency of response: Annual or per amendment to the order for the display of OMB control numbers in shipment. cancellation of products, voluntarily certain EPA regulations is consolidated Estimated total average number of requested by the registrant and accepted in 40 CFR part 9. responses for each respondent: 1–2. by the Agency, of products containing Abstract: This information collection Estimated total annual burden hours: the pesticide fenamiphos, pursuant to program is designed to enable EPA to 24,492 hours. section 6(f)(1) of the Federal Insecticide, provide notice to foreign purchasers of Estimated total annual costs: Fungicide, and Rodenticide Act unregistered pesticides exported from $1,574,306. (FIFRA), as amended. This amendment the United States that the pesticide follows a December 10, 2003 Federal product cannot be sold in the United IV. Are There Changes in the Estimates Register Use Deletion and Product States. Section 17(a)(2) of the Federal from the Last Approval? Cancellation Order which approved the Insecticide, Fungicide, and Rodenticide There is a decrease of 208 hours in the voluntary request submitted by Bayer Act (FIFRA) requires an exporter of any total estimated respondent burden Corporation to cancel all registrations pesticide not registered under FIFRA compared with that identified in the ICR for products containing the active section 3 or sold under FIFRA section currently approved by OMB. This ingredient fenamiphos. These are the 6(a)(1) to obtain a signed statement from decrease reflects the average annual last fenamiphos products registered for the foreign purchaser acknowledging number of respondents per calendar use in the United States. The December that the purchaser is aware that the year from 2005–2007. The decrease in 10, 2003 order prohibited the sale and pesticide is not registered for use in, and annual reporting and recordkeeping cost distribution of fenamiphos products by cannot be sold in, the United States. A is an adjustment that reflects the persons other than the registrant after

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33083

May 31, 2008. The sole technical 2. Electronic access. You may access fenamiphos by persons other than the registrant for fenamiphos, Bayer this Federal Register document registrant after May 31, 2008. Environmental Science, subsequently electronically through the EPA Internet In a letter dated May 22, 2008, the requested that the Agency extend the under the Federal Register listings at sole fenamiphos technical registrant, May 31, 2008 deadline for Nemacur http://www.epa.gov/fedrgstr. Bayer Environmental Science, requested 10% Turf and Ornamental Nematicide an extension of the May 31, 2008 (EPA Reg. No. 432–1291) and Nemacur II. What Action is the Agency Taking? deadline through the current 3 Emulsifiable Systemic Insecticide- This notice announces the application season, until December 31, Nematicide (EPA Reg. No. 264–731). amendment of the December 10, 2003 2008. The letter stated that due to The Agency will extend the deadline for use deletion and product cancellation economic constraints, end-users are persons other than the registrant to sell order of fenamiphos products registered delaying purchase of this product until and distribute Nemacur 10% Turf and under section 3 of FIFRA. The affected they are ready to actually make an Ornamental Nematicide as well as registrations are listed by registration application. In the case of fenamiphos, the original Nemacur 3 Emulsifiable Systemic number in Table 1 of this unit. Insecticide-Nematicide until November May 31, 2008 deadline was established to provide a reasonable amount of time 30, 2008. TABLE 1.—FENAMIPHOS PRODUCTS for the material to work through the DATES: This amendment is effective June AFFECTED 11, 2008. channels of trade following the FOR FURTHER INFORMATION CONTACT: Eric cessation of sale and distribution of EPA Registra- Product Name Miederhoff, Special Review and tion Number fenamiphos products by the registrant, Reregistration Division (7508P), Office Bayer Environmental Science, on May of Pesticide Programs, Environmental 432–1291 Nemacur 10% Turf and 31, 2007. Extending the deadline for Protection Agency, 1200 Pennsylvania Ornamental Nematicide distributors to sell and distribute Nemacur 10% Turf and Ornamental Ave., NW., Washington, DC 20460– 264–731 Nemacur 3 Emulsifiable 0001; telephone number: (703) 347– Nematicide and Nemacur 3 Emulsifiable Systemic Insecticide- Systemic Insecticide-Nematicide, will 8028; fax number: (703) 308–7070; e- Nematicide mail address: [email protected]. neither conflict with the Agency’s application of the guidelines outlined in SUPPLEMENTARY INFORMATION: Table 2 of this unit includes the name PR Notice 97–7, nor will it introduce I. General Information and address of record for the registrant more fenamiphos into the pesticide use of the product in Table 1 of this unit, cycle than had been stipulated by the A. Does this Action Apply to Me? by EPA company number. terms of the five year phase-out. This action is directed to the public Allowing additional time for in general, and may be of interest to a TABLE 2.—REGISTRANT OF AFFECTED distributors to sell the Nemacur 10% wide range of stakeholders including PRODUCTS and Nemacur 3 to end users will ensure environmental, human health, and that this product is utilized safely, in agricultural advocates; the chemical EPA Company Company Name and Ad- accordance with the approved labeling industry; pesticide users; and members Number dress requirements. Today’s action extends of the public interested in the sale, the deadline for persons other than the distribution, or use of pesticides. Since 432 Bayer Environmental Science, registrant to sell and distribute Nemacur others also may be interested, the 2 T.W. Alexander Drive, 10% Turf and Ornamental Nematicide Agency has not attempted to describe all PO Box 12014, (EPA Reg. No. 432–1291) and Nemacur the specific entities that may be affected Research Triangle Park, 3 Emulsifiable Systemic Insecticide- by this action. If you have any questions NC 27709 Nematicide (EPA Reg. No. 264–731) for regarding the applicability of this action six months, until November 30, 2008. to a particular entity, consult the person 264 Bayer CropScience, End users with existing stocks of listed under FOR FURTHER INFORMATION 2 T.W. Alexander Drive, products containing fenamiphos may PO Box 12014, CONTACT. continue to use these products until Research Triangle Park, their stocks are exhausted, provided that B. How Can I Get Copies of this NC 27709 the use complies with EPA-approved Document and Other Related product label requirements for the Information? On December 10, 2003, EPA respective products. 1. Docket. EPA has established a published a Use Deletion and Product docket for this action under docket Cancellation Order (FRL–7332–5) (68 III. Amended Order identification (ID) number EPA–HQ– FR 68901). The order prohibited, among Pursuant to FIFRA section 6(a), EPA OPP–2003–0200. Publicly available other things, the manufacture and hereby amends the December 10, 2003 docket materials are available either in distribution of fenamiphos by Bayer order to allow persons other than the the electronic docket at http:// Corporation, the sole technical registrant to sell and distribute the www.regulations.gov, or, if only ingredient registrant, after May 31, 2007. fenamiphos product identified in Table available in hard copy, at the Office of The deadline established for Bayer 1 of Unit II., until November 30, 2008. Pesticide Programs (OPP) Regulatory Corporation followed a production cap Specifically, the Agency hereby amends Public Docket in Rm. S–4400, One on the manufacture of fenamiphos, the December 10, 2003 order to prohibit Potomac Yard (South Bldg.), 2777 S. which limited fenamiphos production the sale and distribution of products Crystal Dr., Arlington, VA. The hours of to 500,000 pounds of active ingredient containing fenamiphos, provided, operation of this Docket Facility are for the year ending May 31, 2003, and however, that persons other than the from 8:30 a.m. to 4 p.m., Monday reduced production by 20% each registrant are permitted to sell and through Friday, excluding legal subsequent year during the 5 year distribute existing stocks of Nemacur holidays. The Docket Facility telephone phase-out period. The order also 10% Turf and Ornamental Nematicide number is (703) 305–5805. prohibited the sale and distribution of (EPA Reg. No. 432–1291) and Nemacur

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33084 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

3 Emulsifiable Systemic Insecticide- • Federal eRulemaking Portal: http:// website to view the docket index or Nematicide (EPA Reg. No. 264–731) www.regulations.gov. Follow the on-line access available documents. Although until November 30, 2008. The Agency instructions for submitting comments. listed in the index, some information is further amends the December 10, 2003 • Mail: Office of Pesticide Programs not publicly available, e.g., CBI or other order to provide that end users with (OPP) Regulatory Public Docket (7502P), information whose disclosure is existing stocks of products containing Environmental Protection Agency, 1200 restricted by statute. Certain other fenamiphos may continue to use these Pennsylvania Ave., NW., Washington, material, such as copyrighted material, products until their stocks are DC 20460–0001. is not placed on the Internet and will be exhausted, provided that the use • Delivery: OPP Regulatory Public publicly available only in hard copy complies with EPA-approved product Docket (7502P), Environmental form. Publicly available docket label requirements for the respective Protection Agency, Rm. S–4400, One materials are available either in the products. Potomac Yard (South Bldg.), 2777 S. electronic docket at http:// Crystal Dr., Arlington, VA. Deliveries www.regulations.gov, or, if only IV. What is the Agency’s Authority for are only accepted during the Docket’s available in hard copy, at the OPP Taking this Action? normal hours of operation (8:30 a.m. to Regulatory Public Docket in Rm. S– Section 6(a)(1) of FIFRA provides that 4 p.m., Monday through Friday, 4400, One Potomac Yard (South Bldg.), the Administrator may permit the excluding legal holidays). Special 2777 S. Crystal Dr., Arlington, VA. The continued sale and use of existing arrangements should be made for hours of operation of this Docket stocks of a pesticide whose registration deliveries of boxed information. The Facility are from 8:30 a.m. to 4 p.m., is suspended or canceled under this Docket Facility telephone number is Monday through Friday, excluding legal section, or section 3 or 4, to such extent, (703) 305–5805. holidays. The Docket Facility telephone under such conditions, and for such Instructions: Direct your comments to number is (703) 305–5805. docket ID number EPA–HQ–OPP–2008– uses as the Administrator determines FOR FURTHER INFORMATION CONTACT: 0442. EPA’s policy is that all comments that such sale or use is not inconsistent Libby Pemberton, Registration Division with the purposes of this Act. received will be included in the docket without change and may be made (7505P), Office of Pesticide Programs, List of Subjects available on-line at http:// Environmental Protection Agency, 1200 www.regulations.gov, including any Pennsylvania Ave., NW., Washington, Environmental protection, Pesticides DC 20460–0001; telephone number: and pests. personal information provided, unless the comment includes information (703) 308–9364; fax number: (703) 605– Dated: May 30, 2008. claimed to be Confidential Business 0781; e-mail address: Steven Bradbury, Information (CBI) or other information [email protected]. Director, Special Review and Reregistration whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: Division, Office of Pesticide Programs. Do not submit information that you I. General Information [FR Doc. E8–13003 Filed 6–10–08; 8:45 am] consider to be CBI or otherwise BILLING CODE 6560–50–S protected through regulations.gov or e- A. Does this Action Apply to Me? mail. The regulations.gov website is an You may be potentially affected by ‘‘anonymous access’’ system, which this action if you are an agricultural ENVIRONMENTAL PROTECTION means EPA will not know your identity AGENCY producer, food manufacturer, or or contact information unless you pesticide manufacturer. Potentially [EPA–HQ–OPP–2008–0442; FRL–8366–8] provide it in the body of your comment. affected entities may include, but are If you send an e-mail comment directly not limited to: Diflubenzuron; Receipt of Application to EPA without going through • Crop production (NAICS code 111). for Emergency Exemption, Solicitation regulations.gov, your e-mail address • Animal production (NAICS code of Public Comment will be automatically captured and 112). included as part of the comment that is • Food manufacturing (NAICS code AGENCY: Environmental Protection placed in the docket and made available 311). Agency (EPA). on the Internet. If you submit an • Pesticide manufacturing (NAICS ACTION: Notice. electronic comment, EPA recommends code 32532). that you include your name and other This listing is not intended to be SUMMARY: EPA has received a specific contact information in the body of your exhaustive, but rather provides a guide exemption request from the U.S. comment and with any disk or CD-ROM for readers regarding entities likely to be Department of Agriculture, Animal and you submit. If EPA cannot read your affected by this action. Other types of Plant Health Inspection Service to use comment due to technical difficulties entities not listed in this unit could also the pesticide diflubenzuron (CAS No. and cannot contact you for clarification, be affected. The North American 35367–38–5) to treat up to 3,000 acres EPA may not be able to consider your Industrial Classification System of alfalfa to control grasshoppers and comment. Electronic files should avoid (NAICS) codes have been provided to mormon crickets. The applicant the use of special characters, any form assist you and others in determining proposes a use which is supported by of encryption, and be free of any defects whether this action might apply to the IR-4 program and has been or viruses. certain entities. If you have any requested in 5 or more previous years, Docket: All documents in the docket questions regarding the applicability of and a petition for tolerance has not yet are listed in the docket index available this action to a particular entity, consult been submitted to the Agency. in regulations.gov. To access the the person listed under FOR FURTHER DATES: Comments must be received on electronic docket, go to http:// INFORMATION CONTACT. or before June 26, 2008. www.regulations.gov, select ‘‘Advanced ADDRESSES: Submit your comments, Search,’’ then ‘‘Docket Search.’’ Insert B. What Should I Consider as I Prepare identified by docket identification (ID) the docket ID number where indicated My Comments for EPA? number EPA–HQ–OPP–2008–0442, by and select the ‘‘Submit’’ button. Follow 1. Submitting CBI. Do not submit this one of the following methods: the instructions on the regulations.gov information to EPA through

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33085

www.regulations.gov or e-mail. Clearly As part of this request, the Applicant whether to issue the specific exemption mark the part or all of the information asserts that use diflubenzuron is requested by the USDA/APHIS. that you claim to be CBI. For CBI requested to protect pollinators of List of Subjects information in a disk or CD-ROM that Spalding’s catchfly, a threatened plant you mail to EPA, mark the outside of the species endemic to the proposed Environmental protection, Pesticides disk or CD-ROM as CBI and then treatment area in Montana. The U.S. and pests. identify electronically within the disk or Fish and Wildlife Service’s recovery Dated: May 28, 2008. CD-ROM the specific information that is plan for Spalding’s catchfly Lois A. Rossi, recommends that grasshopper control claimed as CBI. In addition to one Director, Registration Division, Office of complete version of the comment that programs avoid the use of broad Pesticide Programs. spectrum insecticides (such as carbaryl includes information claimed as CBI, a [FR Doc. E8–13002 Filed 6–10–08; 8:45 am] copy of the comment that does not and malathion) that will affect native BILLING CODE 6560–50–S contain the information claimed as CBI bee species. Since diflubenzuron is not must be submitted for inclusion in the registered for use on alfalfa, current public docket. Information so marked USDA/APHIS policy is to include a 500- ENVIRONMENTAL PROTECTION will not be disclosed except in foot buffer around these fields during AGENCY accordance with procedures set forth in application to insure no residues occur 40 CFR part 2. on alfalfa. Since the alfalfa fields are [FRL–8578–3] 2. Tips for preparing your comments. interspersed within the rangeland spray When submitting comments, remember block, the resulting treatments will EPA Office of Children’s Health to: create several untreated areas that will Protection and Environmental i. Identify the document by docket ID allow grasshoppers to disperse from Education Staff Office; Notice of Public number and other identifying untreated alfalfa fields and buffer strips Meetings for the National information (subject heading, Federal into previously treated areas and also Environmental Education Advisory Register date and page number). damage untreated alfalfa hay. Council The Applicant proposes the use of ii. Follow directions. The Agency may AGENCY: Environmental Protection ask you to respond to specific questions diflubenzuron on 3,000 acres alfalfa in Agency. or organize comments by referencing a Montana to control grasshoppers and ACTION: Notice of meetings. Code of Federal Regulations (CFR) part Mormon crickets. The proposed areas or section number. for treatment are alfalfa fields that are SUMMARY: The U.S. Environmental iii. Explain why you agree or disagree; contained within larger application Protection Agency (EPA or Agency) suggest alternatives and substitute blocks of rangeland on, or adjacent to, Office of Children’s Health Protection language for your requested changes. the Flathead Reservation. The Flathead and Environmental Education Office iv. Describe any assumptions and Reservation is located in Sanders, Lake, hereby gives notice that the National provide any technical information and/ Flathead and Missoula Counties in Environmental Education Advisory or data that you used. Montana. Applications will occur Council will hold public meetings by v. If you estimate potential costs or primarily on the Flathead Nation near conference call on the 2nd Wednesday burdens, explain how you arrived at Irvine Flats in Sanders county Montana. of each month, beginning with July 9, your estimate in sufficient detail to The area is primarily rangeland with 2008 from 3 p.m. to 4 p.m. All times allow for it to be reproduced. some production of alfalfa grown under noted are Eastern time. The purpose of vi. Provide specific examples to irrigation. Aerial applications will be these meetings is to provide the Council illustrate your concerns and suggest made using fixed wing aircraft making with the opportunity to advise the alternatives. broadcast applications or by using Environmental Education Division on vii. Explain your views as clearly as Reduced Area Agent Treatments its implementation of the National possible, avoiding the use of profanity (RAAT). This method uses alternating Environmental Protection Act of 1990. or personal threats. swath applications to the spray block Requests for the draft agenda will be viii. Make sure to submit your providing effective control while accepted up to 1 business day before the comments by the comment period reducing environmental loading. The meeting. deadline identified. rate of application is 0.016 lb active DATES: This notice is applicable for the II. What Action is the Agency Taking? ingredient (ai) per acre at the full rate and 0.012 lb active ingredient per acre following dates: • Under section 18 of the Federal using the RAAT. One application of a July 9, 2008 Insecticide, Fungicide, and Rodenticide • August 13, 2008 22% ai product will be made between • Act (FIFRA) (7 U.S.C. 136p), at the May and September 2008. A maximum September 10, 2008 discretion of the Administrator, a • October 8, 2008 of a 48 lb. ai will be applied. • Federal or State agency may be This notice does not constitute a November 12, 2008 • exempted from any provision of FIFRA decision by EPA on the application December 10, 2008 if the Administrator determines that itself. The regulations governing section SUPPLEMENTARY INFORMATION: emergency conditions exist which 18 of FIFRA require publication of a Participation in the conference calls will require the exemption. U.S. Department notice of receipt of an application for a be by teleconference only—meeting of Agriculture, Animal and Plant Health specific exemption proposing a use rooms will not be used. Members of the Inspection Service (USDA/APHIS) has which is supported by the IR-4 program public may obtain the call-in number requested the Administrator to issue a and has been requested in 5 or more and access code for the call from Ginger specific exemption for the use of previous years, and a petition for Potter, the Designated Federal Officer, diflubenzuron on alfalfa to control tolerance has not yet been submitted to whose contact information is listed grasshoppers and Mormon crickets. the Agency. under the FOR FURTHER INFORMATION Information in accordance with 40 CFR The Agency, will review and consider CONTACT section of this notice. Any part 166 was submitted as part of this all comments received during the member of the public interested in request. comment period in determining receiving a draft meeting agenda may

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33086 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

contact Ginger Potter via any of the pesticide manufacturer. Potentially 1. A ‘‘specific exemption’’ authorizes contact methods listed in the FOR affected entities may include, but are use of a pesticide against specific pests FURTHER INFORMATION CONTACT section not limited to: on a limited acreage in a particular below. • Crop production (NAICS code 111). State. Most emergency exemptions are • Animal production (NAICS code FOR FURTHER INFORMATION CONTACT: For specific exemptions. 112). information regarding this Notice, 2. ‘‘Quarantine’’ and ‘‘public health’’ • Food manufacturing (NAICS code exemptions are a particular form of please contact Ms. Ginger Potter, 311). Designated Federal Officer (DFO), EPA specific exemption issued for • Pesticide manufacturing (NAICS quarantine or public health purposes. National Environmental Education code 32532). Advisory Council, at These are rarely requested. This listing is not intended to be 3. A ‘‘crisis exemption’’ is initiated by [email protected] or (202) 564– exhaustive, but rather provides a guide a State or Federal agency (and is 0453. General information concerning for readers regarding entities likely to be confirmed by EPA) when there is NEEAC can be found on the EPA Web affected by this action. Other types of insufficient time to request and obtain site at: http://www.epa.gov/enviroed. entities not listed in this unit could also EPA permission for use of a pesticide in For information on access or services for be affected. The North American an emergency. individuals with disabilities, please Industrial Classification System EPA may deny an emergency contact Ginger Potter as directed above. (NAICS) codes have been provided to exemption: If the State or Federal To request accommodation of a assist you and others in determining agency cannot demonstrate that an disability, please contact Ginger Potter, whether this action might apply to emergency exists, if the use poses preferably at least 10 days prior to the certain entities. To determine whether unacceptable risks to the environment, meeting, to give EPA as much time as you or your business may be affected by or if EPA cannot reach a conclusion that possible to process your request. this action, you should carefully the proposed pesticide use is likely to Dated: June 5, 2008. examine the applicability provisions result in ‘‘a reasonable certainty of no Ginger Potter, listed in this unit. If you have any harm’’ to human health, including Designated Federal Officer. questions regarding the applicability of exposure of residues of the pesticide to [FR Doc. E8–13069 Filed 6–10–08; 8:45 am] this action to a particular entity, consult infants and children. BILLING CODE 6560–50–P the person listed at the end of the If the emergency use of the pesticide emergency exemption of interest. on a food or feed commodity would result in pesticide chemical residues, B. How Can I Get Copies of this EPA establishes a time-limited tolerance ENVIRONMENTAL PROTECTION Document and Other Related meeting the ‘‘reasonable certainty of no AGENCY Information? harm standard’’ of the Federal Food, [EPA–HQ–OPP–2008–0203; FRL–8366–1] 1. Docket. EPA has established a Drug, and Cosmetic Act (FFDCA). docket for this action under docket In this document: EPA identifies the Pesticide Emergency Exemptions; identification (ID) number EPA–HQ– State or Federal agency that granted the Agency Decisions and State and OPP–2008–0203. Publicly available exemption, the type of exemption, the Federal Agency Crisis Declarations docket materials are available either pesticide authorized and the pests, the AGENCY: Environmental Protection electronically at http:// crop or use for which authorized, Agency (EPA). www.regulations.gov, or, if only number of acres (if applicable), and the ACTION: Notice. available in hard copy, at the OPP duration of the exemption. EPA also Regulatory Public Docket in Rm. S– gives the Federal Register citation for SUMMARY: EPA has granted emergency 4400, One Potomac Yard (South Bldg.), the time-limited tolerance, if any. exemptions under the Federal 2777 S. Crystal Dr., Arlington, VA. The Insecticide, Fungicide, and Rodenticide hours of operation of this Docket III. Emergency Exemptions: U.S. States Act (FIFRA) for use of pesticides as Facility is open from 8:30 a.m. to 4 p.m., and Territories listed in this notice. The exemptions Monday through Friday, excluding legal Arkansas were granted during the period January holidays. The Docket Facility telephone 1, 2008 through March 31, 2008, to number is (703) 305–5805. State Plant Board control unforeseen pest outbreaks. 2. Electronic access. You may access Specific exemption: EPA authorized the FOR FURTHER INFORMATION CONTACT: See this Federal Register document use of chlorantraniliprole on rice, seed each emergency exemption for the name electronically through the EPA Internet to control rice water weevil; March 21, of a contact person. The following under the ‘‘Federal Register’’ listings at 2008 to July 31, 2008. Contact: Marcel information applies to all contact http://www.epa.gov/fedrgstr. Howard. persons: Team Leader, Emergency II. Background California Response Team, Registration Division EPA has granted emergency Environmental Protection Agency, (7505P), Office of Pesticide Programs, Department of Pesticide Regulation Environmental Protection Agency, 1200 exemptions to the following State and Pennsylvania Ave., NW., Washington, Federal agencies. The emergency Specific exemption: EPA authorized the DC 20460–0001; telephone number: exemptions may take the following use of maneb on walnuts to control (703) 308–9366. form: Crisis, public health, quarantine, bacterial blight (Xanthomonas or specific. campestris pv. Juglandis); February 27, SUPPLEMENTARY INFORMATION: Under FIFRA section 18, EPA can 2008 to June 15, 2008. Contact: Libby I. General Information authorize the use of a pesticide when Pemberton. emergency conditions exist. EPA authorized the use of A. Does this Action Apply to Me? Authorizations (commonly called tebuconazole on garlic to control garlic You may be potentially affected by emergency exemptions) are granted to rust (Puccinia porri - P. allii); March 5, this action if you are an agricultural State and Federal agencies and are of 2008 to July 3, 2008. Contact: Libby producer, food manufacturer, or four types: Pemberton.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33087

EPA authorized the use of abamectin sweet seed to control blackbird species Department of Agriculture on large lima beans to control spider and grackle. This program ended on Specific exemption: EPA authorized the mites; March 6, 2008 to August 31, May 10, 2008. Contact: Marcel Howard. use of sulfentrazone on strawberries to 2008. Contact: Andrew Ertman. Missouri control broadleaf weed; February 19, Quarantine exemption: EPA authorized Department of Agriculture 2008 to February 28, 2009. Contact: the use of Environ LpH on hard Andrew Ertman. surfaces, items, and laboratory waste Specific exemption: EPA authorized the solutions to control prions; March 26, use of chlorantraniliprole on rice, seed Wisconsin 2008 to March 26, 2011. Contact: to control rice water weevil; March 21, Department of Agriculture, Trade, and Princess Campbell. 2008 to July 31, 2008. Contact: Marcel Consumer Protection Howard. Delaware Specific exemption: EPA authorized the Department of Agriculture Nevada use of sulfentrazone on strawberries to Specific exemption: EPA authorized the Department of Agriculture control broadleaf weeds; June 20, 2008 use of thiophanate-methyl on Specific exemption: EPA authorized the to December 15, 2008. Contact: Andrew mushroom to control green mold; use of bifenazate on timothy to control Ertman. January 14, 2008 to January 14, 2009. banks grass mite; March 31, 2008 to List of Subjects Contact: Andrea Conrath. September 1, 2008. Contact: Andrea Environmental protection, Pesticides Florida Conrath. and pests. Department of Agriculture and Oklahoma Dated: May 29, 2008. Consumer Services Department of Agriculture Lois Rossi, Specific exemption: EPA authorized the Crisis: On March 24, 2008, for the use Director, Registration Division, Office of use of thiophanate-methyl on citrus to of pendimethalin on Bermuda grass Pesticide Programs. control postbloom fruit drop and stem- pastures and hayfields to control sand end rot; March 19, 2008 to March 19, bur spp. This program ended on April [FR Doc. E8–13011 Filed 6–10–08; 8:45 am] 2009. Contact: Andrea Conrath. 8, 2008. Contact: Stacey Groce. BILLING CODE 6560–50–S Louisiana Oregon Department of Agriculture and Forestry Department of Agriculture ENVIRONMENTAL PROTECTION Specific exemption: EPA authorized the Specific exemption: EPA authorized the AGENCY use of chlorantraniliprole on rice, seed use of sulfentrazone on strawberries to to control rice water weevil; February 5, control broadleaf weeds; March 15, 2008 [FRL–8578–2] 2008 to July 31, 2008. Contact: Marcel to February 28, 2009. Contact: Andrew Howard. Ertman. Proposed Consent Decree, Clean Air EPA authorized the use of etofenprox EPA authorized the use of Act Citizen Suit on water-seeded rice to control rice fenoxaprop-P-ethyl on grasses grown for water weevil (Lissorhoptrus AGENCY: Environmental Protection seed to control annual grass weeds; Agency (EPA). oryzophilus); February 20, 2008 to February 28, 2008 to September 15, August 1, 2008. Contact: Libby 2008. Contact: Andrea Conrath. ACTION: Notice of Proposed Consent Pemberton. Decree; Request for Public Comment. Pennsylvania Maryland Department of Agriculture SUMMARY: In accordance with section Department of Agriculture 113(g) of the Clean Air Act, as amended Specific exemption: EPA authorized the (‘‘Act’’), 42 U.S.C. 7413(g), notice is Specific exemption: EPA authorized the use of thiophanate-methyl on hereby given of a proposed consent use of thiophanate-methyl on mushroom to control green mold; decree, to address a lawsuit filed by mushroom to control green mold; January 8, 2008 to January 8, 2009. Desert Rock Energy Company, LLC and January 14, 2008 to January 14, 2009. Contact: Andrea Conrath. Contact: Andrea Conrath. Dine Power Authority (collectively, Texas ‘‘Plaintiffs’’) in the United States District Minnesota Department of Agriculture Court for the Southern District of Texas: Department of Agriculture Desert Rock Energy Company, LLC, et al. Specific exemption: EPA authorized the Specific exemption: EPA authorized the v. EPA, No. 08–872 (S.D. TX). On March use of anthraquinone on corn, field, and use of azoxystrobin on wild rice to 21, 2008, Plaintiffs served upon the sweet, seed to control sandhill crane; control stem rot (Nakataea sigmoidea/ United States a Complaint alleging that February 7, 2008 to July 31, 2008. Sclerotium oryzae); March 10, 2008 to EPA failed to perform a mandatory duty Contact: Marcel Howard. August 31, 2008. Contact: Libby under Clean Air Act section 165(c), 42 EPA authorized the use of Pemberton. U.S.C. 7475(c), to take action on chlorantraniliprole on rice, seed to Plaintiffs’ application (‘‘Permit Mississippi control rice water weevil; February 14, Application’’) for a Prevention of 2008 to July 1, 2008. Contact: Marcel Department of Agriculture and Significant Deterioration permit to Howard. Commerce construct a coal-fired power plant on Specific exemption: EPA authorized the Crisis: On February 4, 2008, for the use land held by the United States use of chlorantraniliprole on rice, seed of pendamethalin on Bermuda grass government in trust for the benefit of the to control rice water weevil; March 21, pastures and hayfields to control sand Navajo Nation. Under the terms of the 2008 to July 31, 2008. Contact: Marcel bur spp. This program is expected to proposed consent decree, by July 31, Howard. end on May 31, 2008. Contact: Stacey 2008, EPA shall issue a final permit Crisis: On March 31, 2008, for the use Groce. decision on the Permit Application, of anthraquinone on corn, field and Washington within the meaning of 40 CFR 124.15(a).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33088 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

DATES: Written comments on the not named as parties or intervenors to contained in a public comment, will not proposed consent decree must be the litigation in question. EPA or the be placed in EPA’s electronic public received by July 11, 2008. Department of Justice may withdraw or docket but will be available only in ADDRESSES: Submit your comments, withhold consent to the proposed printed, paper form in the official public identified by Docket ID number EPA– consent decree if the comments disclose docket. Although not all docket HQ–OGC–2008–0488, online at http:// facts or considerations that indicate that materials may be available www.regulations.gov (EPA’s preferred such consent is inappropriate, electronically, you may still access any method); by e-mail to improper, inadequate, or inconsistent of the publicly available docket [email protected]; mailed to EPA with the requirements of the Act. Unless materials through the EPA Docket Docket Center, Environmental EPA or the Department of Justice Center. Protection Agency, Mailcode: 2822T, determines, based on any comment B. How and To Whom Do I Submit 1200 Pennsylvania Ave., NW., which may be submitted, that consent to Comments? Washington, DC 20460–0001; or by the consent decree should be hand delivery or courier to EPA Docket withdrawn, the terms of the decree will You may submit comments as Center, EPA West, Room 3334, 1301 be affirmed. provided in the ADDRESSES section. Please ensure that your comments are Constitution Ave., NW., Washington, II. Additional Information About DC, between 8:30 a.m. and 4:30 p.m. submitted within the specified comment Commenting on the Proposed Consent period. Comments received after the Monday through Friday, excluding legal Decree holidays. Comments on a disk or CD– close of the comment period will be ROM should be formatted in Word or A. How Can I Get a Copy of the Consent marked ‘‘late.’’ EPA is not required to ASCII file, avoiding the use of special Decree? consider these late comments. If you submit an electronic comment, characters and any form of encryption, Direct your comments to the official EPA recommends that you include your and may be mailed to the mailing public docket for this action under name, mailing address, and an e-mail address above. Docket ID No. EPA–HQ–OGC–2008– address or other contact information in FOR FURTHER INFORMATION CONTACT: 0488 which contains a copy of the the body of your comment and with any Brian Doster, Air and Radiation Law consent decree. The official public disk or CD–ROM you submit. This Office (2344A), Office of General docket is available for public viewing at ensures that you can be identified as the Counsel, U.S. Environmental Protection the Office of Environmental Information submitter of the comment and allows Agency, 1200 Pennsylvania Ave., NW., (OEI) Docket in the EPA Docket Center, EPA to contact you in case EPA cannot Washington, DC 20460; telephone: (202) EPA West, Room 3334, 1301 read your comment due to technical 564–1932; fax number (202) 564–5603; Constitution Ave., NW., Washington, difficulties or needs further information e-mail address: [email protected]. DC. The EPA Docket Center Public on the substance of your comment. Any SUPPLEMENTARY INFORMATION: Reading Room is open from 8:30 a.m. to identifying or contact information 4:30 p.m., Monday through Friday, provided in the body of a comment will I. Additional Information About the excluding legal holidays. The telephone Proposed Consent Decree be included as part of the comment that number for the Public Reading Room is is placed in the official public docket, The proposed consent decree would (202) 566–1744, and the telephone and made available in EPA’s electronic resolve the suit filed by the Plaintiffs number for the OEI Docket is (202) 566– public docket. If EPA cannot read your alleging that EPA has a mandatory duty 1752. comment due to technical difficulties under Clean Air Act section 165(c), 42 An electronic version of the public and cannot contact you for clarification, U.S.C. 7475(c), to take action on docket is available through http:// EPA may not be able to consider your Plaintiffs’ application (‘‘Permit www.regulations.gov. You may use the comment. Application’’) for a Prevention of http://www.regulations.gov Web site to Use of the http://www.regulations.gov Significant Deterioration (‘‘PSD’’) permit review the consent decree, submit or Web site to submit comments to EPA to construct a coal-fired power plant on view public comments, access the index electronically is EPA’s preferred method land held by the United States listing of the contents of the official for receiving comments. The electronic government in trust for the benefit of the public docket, and to access those public docket system is an ‘‘anonymous Navajo Nation. No later than July 31, documents in the public docket that are access’’ system, which means EPA will 2008, EPA shall issue a final permit available electronically. Once in the not know your identity, e-mail address, decision on the Permit Application, system, select ‘‘search,’’ then key in the or other contact information unless you within the meaning of 40 CFR 124.15(a). appropriate docket identification provide it in the body of your comment. EPA Region IX is the reviewing number. In contrast to EPA’s electronic public authority for the Permit Application. It is important to note that EPA’s docket, EPA’s electronic mail (e-mail) Background on the Permit Application policy is that public comments, whether system is not an ‘‘anonymous access’’ and Region IX’s review may be obtained submitted electronically or in paper, system. If you send an e-mail comment on the following Web site: http:// will be made available for public directly to the Docket without going www.epa.gov/region09/air/permit/ viewing online at http:// through http://www.regulations.gov, desertrock/index.html. www.regulations.gov without change, your e-mail address is automatically The consent decree becomes final and unless the comment contains captured and included as part of the effective after EPA provides notice in copyrighted material, CBI, or other comment that is placed in the official the Federal Register and provides an information whose disclosure is public docket, and made available in opportunity for public comment restricted by statute. Information EPA’s electronic public docket. pursuant to Clean Air Act section claimed as CBI and other information 113(g). For a period of thirty (30) days whose disclosure is restricted by statute Dated: June 5, 2008. following the date of publication of this is not included in the official public Richard B. Ossias, notice, the Agency will receive written docket or in the electronic public Associate General Counsel. comments relating to the proposed docket. EPA’s policy is that copyrighted [FR Doc. E8–13064 Filed 6–10–08; 8:45 am] consent decree from persons who were material, including copyrighted material BILLING CODE 6560–50–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33089

ENVIRONMENTAL PROTECTION characters and any form of encryption, II. Additional Information About AGENCY and may be mailed to the mailing Commenting on the Proposed Settlement [FRL–8577–8] address above. FOR FURTHER INFORMATION CONTACT: A. How Can I Get a Copy of the Proposed Settlement Agreement, David Orlin, Air and Radiation Law Settlement Agreement? Clean Air Act Citizen Suit Office (2344A), Office of General The official public docket for this AGENCY: Environmental Protection Counsel, U.S. Environmental Protection action (identified by Docket ID No. Agency (EPA). Agency, 1200 Pennsylvania Ave., NW., EPA–HQ–OGC–2008–0310) contains a ACTION: Notice of Proposed Settlement Washington, DC 20460; telephone: (202) copy of the proposed settlement Agreement; Request for Public 564–1222; fax number (202) 564–5603; agreement. The official public docket is Comment. e-mail address: [email protected]. available for public viewing at the Office of Environmental Information SUPPLEMENTARY INFORMATION: SUMMARY: In accordance with section (OEI) Docket in the EPA Docket Center, 113(g) of the Clean Air Act, as amended I. Additional Information About the EPA West, Room 3334, 1301 (‘‘Act’’), 42 U.S.C. 7413(g), notice is Proposed Settlement Agreement Constitution Ave., NW., Washington, hereby given of a proposed settlement DC. The EPA Docket Center Public agreement, to address a lawsuit filed by Plaintiffs filed a complaint alleging Reading Room is open from 8:30 a.m. to Sierra Club and the American Bottom that EPA failed to perform a 4:30 p.m., Monday through Friday, Conservancy (collectively ‘‘Plaintiffs’’) nondiscretionary duty under Clean Air excluding legal holidays. The telephone in the U.S. District Court Northern Act section 505(c), 42 U.S.C. 7661d(c), number for the Public Reading Room is District of Illinois: Sierra Club v. to issue by May 2, 2006, a title V (202) 566–1744, and the telephone Johnson, Case No. 06–CV–4000 (N.D. operating permit for the Veolia number for the OEI Docket is (202) 566– Ill.). Plaintiffs filed a complaint alleging hazardous waste incinerator located in 1752. An electronic version of the public that EPA failed to perform a Sauget, Illinois (‘‘the Facility’’) under 40 nondiscretionary duty under Clean Air docket is available through http:// CFR Part 71. Under the terms of the www.regulations.gov. You may use the Act section 505(c), 42 U.S.C. 7661d(c), proposed settlement agreement, by July to issue by May 2, 2006, an operating http://www.regulations.gov Web site to 18, 2008, EPA would either issue a submit or view public comments, access permit for the Veolia hazardous waste decision denying an operating permit incinerator located in Sauget, Illinois the index listing of the contents of the for the Facility or complete the public official public docket, and to access (‘‘the Facility’’). Under the terms of the participation process for a draft proposed settlement agreement, by July those documents in the public docket operating permit under 42 U.S.C. 18, 2008, EPA would either issue a that are available electronically. Once in 7661d(c) and 40 CFR Part 71. If EPA decision denying an operating permit the system, select ‘‘search,’’ then key in for the Facility or complete the public does not issue a decision denying an the appropriate docket identification participation process for a draft operating permit for the Facility then, number. operating permit. If EPA does not issue by September 12, 2008, EPA would It is important to note that EPA’s a decision denying an operating permit either issue a final operating permit for policy is that public comments, whether for the Facility then, by September 12, the Facility or issue a final decision submitted electronically or in paper, 2008, EPA would either issue a final denying the operating permit under 42 will be made available for public operating permit for the Facility or issue U.S.C. 7661d(c) and 40 CFR Part 71. viewing online at http:// a final decision denying the operating EPA also will pay a specified amount to www.regulations.gov without change, permit. Further, under the terms of the Plaintiffs to settle their claims for unless the comment contains proposed settlement agreement, EPA attorneys’ fees. copyrighted material, CBI, or other would pay Plaintiffs a specified amount information whose disclosure is For a period of thirty (30) days restricted by statute. Information in settlement for attorneys’ fees in this following the date of publication of this matter. claimed as CBI and other information notice, the Agency will receive written whose disclosure is restricted by statute DATES: Written comments on the comments relating to the proposed is not included in the official public proposed settlement agreement must be settlement agreement from persons who docket or in the electronic public received by July 11, 2008. were not named as parties or docket. EPA’s policy is that copyrighted ADDRESSES: Submit your comments, intervenors to the litigation in question. material, including copyrighted material identified by Docket ID number EPA– EPA or the Department of Justice may contained in a public comment, will not HQ–OGC–2008–0310, online at http:// withdraw or withhold consent to the be placed in EPA’s electronic public www.regulations.gov (EPA’s preferred proposed settlement agreement if the docket but will be available only in method); by e-mail to comments disclose facts or printed, paper form in the official public [email protected]; mailed to EPA considerations that indicate that such docket. Although not all docket Docket Center, Environmental consent is inappropriate, improper, materials may be available Protection Agency, Mailcode: 2822T, inadequate, or inconsistent with the electronically, you may still access any 1200 Pennsylvania Ave., NW., requirements of the Act. Unless EPA or of the publicly available docket Washington, DC 20460–0001; or by the Department of Justice determines, materials through the EPA Docket hand delivery or courier to EPA Docket based on any comment which may be Center. Center, EPA West, Room 3334, 1301 submitted, that consent to the Constitution Ave., NW., Washington, B. How and To Whom Do I Submit DC, between 8:30 a.m. and 4:30 p.m. settlement agreement should be Comments? Monday through Friday, excluding legal withdrawn, the terms of the agreement You may submit comments as holidays. Comments on a disk or CD– will be affirmed. provided in the ADDRESSES section. ROM should be formatted in Word or Please ensure that your comments are ASCII file, avoiding the use of special submitted within the specified comment

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33090 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

period. Comments received after the until such time as the Board concludes Governmental Affairs Bureau, (202) close of the comment period will be its business. 418–2809 (voice), (202) 418–0179 marked ‘‘late.’’ EPA is not required to FOR FURTHER INFORMATION CONTACT: (TTY), or e-mail [email protected]. consider these late comments. Roland E. Smith, Secretary to the Farm SUPPLEMENTARY INFORMATION: On May 2, If you submit an electronic comment, Credit System Insurance Corporation 2008, the Commission released Public EPA recommends that you include your Board, (703) 883–4009, TTY (703) 883– Notice DA 08–1058, announcing the name, mailing address, and an e-mail 4056. appointment of one (1) additional address or other contact information in ADDRESSES: Farm Credit System Committee member: American Council the body of your comment and with any Insurance Corporation, 1501 Farm of the Blind represented by Eric Bridges. disk or CD–ROM you submit. This Credit Drive, McLean, Virginia 22102. This appointment is effective ensures that you can be identified as the SUPPLEMENTARY INFORMATION: Parts of immediately and shall terminate submitter of the comment and allows this meeting of the Board will be open November 17, 2008 or when the EPA to contact you in case EPA cannot to the public (limited space available) Committee is terminated, whichever is read your comment due to technical and parts will be closed to the public. earlier. On June 4, 2008, the difficulties or needs further information In order to increase the accessibility to Commission released Public Notice DA on the substance of your comment. Any Board meetings, persons requiring 08–1320, which announced the agenda, identifying or contact information assistance should make arrangements in date and time of the Committee’s next provided in the body of a comment will advance. The matters to be considered meeting. be included as part of the comment that at the meeting are: At its June 27, 2008 meeting, the is placed in the official public docket, Open Session Committee will continue its and made available in EPA’s electronic A. Approval of Minutes consideration of DTV transition issues. • public docket. If EPA cannot read your March 13, 2008. The Committee will also consider comment due to technical difficulties B. Business Reports • recommendations regarding broadband/ and cannot contact you for clarification, FCSIC Financial Report. universal service, relay services and the • Report on Insured Obligations. EPA may not be able to consider your provision of auditory access to televised comment. • Quarterly Report on Annual Performance Plan. programming containing emergency Use of the http://www.regulations.gov information. The Committee may also Web site to submit comments to EPA C. New Business • consider other consumer issues within electronically is EPA’s preferred method Mid-Year Review of Insurance Premium Rates. the jurisdiction of the Commission. A for receiving comments. The electronic limited amount of time on the agenda public docket system is an ‘‘anonymous Closed Session • FCSIC Report on System will be available for oral comments from access’’ system, which means EPA will the public. not know your identity, e-mail address, Performance. The Committee is organized under or other contact information unless you Dated: June 6, 2008. and operates in accordance with the provide it in the body of your comment. Roland E. Smith, provisions of the Federal Advisory In contrast to EPA’s electronic public Secretary, Farm Credit System Insurance Committee Act, 5 U.S.C. App. 2 (1988). docket, EPA’s electronic mail (e-mail) Corporation Board. The meeting is open to the public. system is not an ‘‘anonymous access’’ [FR Doc. E8–13076 Filed 6–10–08; 8:45 am] Members of the public may address the system. If you send an e-mail comment BILLING CODE 6710–01–P Committee or may send written directly to the Docket without going comments to: Scott Marshall, through http://www.regulations.gov, Designated Federal Officer of the your e-mail address is automatically FEDERAL COMMUNICATIONS Committee, at the address indicated on captured and included as part of the COMMISSION the first page of this document. comment that is placed in the official public docket, and made available in [DA 08–1058 and DA 08–1320] The meeting site is fully accessible to EPA’s electronic public docket. people using wheelchairs or other Consumer Advisory Committee mobility aids. Sign language Dated: June 2, 2008. interpreters, open captioning, assistive Richard B. Ossias, AGENCY: Federal Communications Commission. listening devices, and Braille copies of Associate General Counsel. the agenda and handouts will be ACTION: Notice. [FR Doc. E8–13090 Filed 6–10–08; 8:45 am] provided on site. Other reasonable BILLING CODE 6560–50–P SUMMARY: The Commission announces accommodations for people with the appointment of one (1) additional disabilities are available upon request. member to the Consumer Advisory Include a description of the Committee (‘‘Committee’’) and further accommodation you will need, and a FARM CREDIT SYSTEM INSURANCE announces the date and agenda of the way we can contact you if we need more CORPORATION Committee’s next meeting. information. Last minute requests will DATES: The next meeting of the be accepted, but may be impossible to Farm Credit System Insurance fill. Send an e-mail to: [email protected] or Corporation Board; Regular Meeting Committee will take place on Friday, June 27, 2008, 9 a.m. to 4 p.m., at the call the Consumer & Governmental SUMMARY: Notice is hereby given of the Commission’s Headquarters Building, Affairs Bureau at 202–418–0530 (voice), regular meeting of the Farm Credit Room TW–C305, 445 12th Street, SW., 202–418–0432 (TTY). System Insurance Corporation Board Washington, DC 20554. Federal Communications Commission. (Board). ADDRESSES: Federal Communications Catherine W. Seidel, DATES AND TIME: The meeting of the Commission, 445 12th Street, NW., Chief, Consumer & Governmental Affairs Board will be held at the offices of the Washington, DC 20554. Bureau. Farm Credit Administration in McLean, FOR FURTHER INFORMATION CONTACT: [FR Doc. E8–13116 Filed 6–10–08; 8:45 am] Virginia, on June 10, 2008, from 10 a.m. Scott Marshall, Consumer & BILLING CODE 6712–01–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33091

FEDERAL MARITIME COMMISSION Dated: June 6, 2008. Non-Vessel Operating Common Carrier Karen V. Gregory, and Ocean Freight Forwarder Notice of Agreements Filed Assistant Secretary. Transportation Intermediary Applicant The Commission hereby gives notice [FR Doc. E8–13082 Filed 6–10–08; 8:45 am] IAL Container Line (USA) Inc., 55 of the filing of the following agreements BILLING CODE 6730–01–P Madison Avenue, Ste. 400—Rm. 9, under the Shipping Act of 1984. Morristown, NJ 07960. Officers: Interested parties may submit comments Jitendra P. Shah, Vice President, on agreements to the Secretary, Federal FEDERAL MARITIME COMMISSION (Qualifying Individual), Ashwin Maritime Commission, Washington, DC Pandya, President. 20573, within ten days of the date this Ocean Transportation Intermediary Selim Logistics System USA, Inc., 777 notice appears in the Federal Register. License; Applicants Mark Street, #107, Wood Dale, IL Copies of agreements are available 60191. Officer: Young E. Lee, through the Commission’s Web site Notice is hereby given that the Treasurer, (Qualifying Individual). (http://www.fmc.gov) or by contacting following applicants have filed with the Trans Atlantic Freight Forwarders, Inc., the Office of Agreements ((202) 523– Federal Maritime Commission an 829 S. Dixie Highway, Lake Worth, FL 5793 or [email protected]). application for license as a Non-Vessel 33460. Officers: Osmo Sikanen, Operating Common Carrier and Ocean Agreement No.: 011830–007. President, (Qualifying Individual), Freight Forwarder—Ocean Eila Sikanen, Vice President. Title: CMA CGM–HL–APL Indamex Transportation Intermediary pursuant to Jo-Sak USA Inc., 3300 Arapahoe Cross Space Charter, Sailing and section 19 of the Shipping Act of 1984 Avenue, Boulder, CO 80303. Officer: Cooperative Working Agreement. as amended (46 U.S.C. Chapter 409 and Pauline Vaghiayan, President, Parties: APL Co. PTE Ltd./American 46 CFR 515). (Qualifying Individual). President Lines, Ltd.; CMA CGM, S.A.; A & S Shipping Company, Inc., 7231 and Hapag-Lloyd AG. Persons knowing of any reason why the following applicants should not NW 54 Street, Miami, FL 33166. Filing Party: Wayne R. Rohde, Esq., receive a license are requested to Officers: Ana Hernandez, Treasurer, Sher & Blackwell, LLP, 1850 M Street, contact the Office of Transportation (Qualifying Individual), Sherlly A. NW., Suite 900, Washington, DC 20036. Intermediaries, Federal Maritime Brache, President. Synopsis: The amendment would add Commission, Washington, DC 20573. Nippon Yusen Kaisha and Orient Ocean Freight Forwarder—Ocean Overseas container Line Limited as Non-Vessel Operating Common Carrier Transportation Intermediary Applicant parties to the agreement; reflect the Ocean Transportation Intermediary APM Global Logistics USA Inc., Giralda withdrawal of APL Co. PTE Ltd. as a Applicants Farms, Madison Ave., P.O. Box 880, party to the agreement after the first Madison, NJ 07940–0880. Officer: service cycle; reduce the geographic Anchor Logistix (Canada) Ltd. dba Nick Fafoutis, Sen. Dir. Area Sales scope in SE Asia; amend the duration of Anchor Logistix 9USA) Ltd., 1030 Manager, (Qualifying Individual). the agreement; and rename and restate Kamato Rd., #206, Mississauga, ON L4W 4B6, Canada. Officer: Mylai Dated: June 6, 2008. the agreement reflecting other Karen V. Gregory, miscellaneous changes. Balakrishnan Karthik, Director, (Qualifying Individual). Assistant Secretary. Agreement No.: 012046. A Way To Move, Inc., 304 Tejon Place, [FR Doc. E8–13079 Filed 6–10–08; 8:45 am] Title: MSC/Hapag-Lloyd Space BILLING CODE 6730–01–P Charter Agreement. Palos Verdes, CA 90274. Officer: Alex Knowles, President, (Qualifying Parties: Hapag-Lloyd AG; and Individual). Mediterranean Shipping Co. S.A. FEDERAL MARITIME COMMISSION (‘‘MSC’’). Korchina Logistics USA, Inc., 550 E. Filing Party: Wayne R. Rohde, Esq., Carson Plaza Drive, Ste. 206, Carson, Ocean Transportation Intermediary Sher & Blackwell LLP, 1850 M Street, CA 90746. Officers: Jong K. Park, License Reissuances NW., Suite 900, Washington, DC 20036. CFO, (Qualifying Individual), Eric EK Sun, President. Notice is hereby given that the Synopsis: The agreement would following Ocean Transportation authorize MSC to charter space to Map Cargo Global Logistics, 2551 Santa Intermediary licenses have been Hapag-Lloyd in the trade between U.S. Fe Ave., Redondo Beach, CA 90278. reissued by the Federal Maritime Atlantic and Gulf Coasts and ports in Officer: Marek A. Panaseqiz, Commission pursuant to section 19 of Bahamas, the Dominican Republic, President, (Qualifying Individual). the Shipping Act of 1984 (46 U.S.C. Mexico, Argentina, Brazil, Uruguay and Atlantic Consolidators, Inc., 10880 NW Chapter 409) and the regulations of the Venezuela. 27th Street, Ste. 200, Miami, FL Commission pertaining to the licensing By order of the Federal Maritime 33172. Officer: Ali A. Germi, of Ocean Transportation Intermediaries, Commission. President, (Qualifying Individual). 46 CFR Part 515.

License No. Name/address Date reissued

001575F ...... AEC International, Inc., 11931 Seventh Street, Houston, TX 77072 ...... March 28, 2008. 017753NF ...... Associated Consolidators, Express dba A.C.E. Balikbayan, Boxes Direct, 1273 Industrial Parkway, April 3, 2008. #290, Hayward, CA 94544. 013396N ...... Global Forwarding Ltd., Symal House, 423 Edgware Rd., London, NW9, OHU, United Kingdom ... March 23, 2008.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33092 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Sandra L. Kusumoto, Address: 30 Montgomery Street, Ste. Date Revoked: May 22, 2008. Director, Bureau of Certification and 200, Jersey City, NJ 07302. Reason: Failed to maintain a valid Licensing. Date Revoked: May 11, 2008. bond. [FR Doc. E8–13087 Filed 6–10–08; 8:45 am] Reason: Failed to maintain valid License Number: 004324F. BILLING CODE 6730–01–P bonds. Name: Inter-World Customs Broker, License Number: 020384F. Inc. Name: AOL Solutions, Inc. dba AOL Address: Marketing Bldg., J.F. FEDERAL MARITIME COMMISSION Freight Solutions. Kennedy Ave., KM 2.5, Puerto Nuevo, Address: 1836 Center Park Drive, PR 00920. Ocean Transportation Intermediary Charlotte, NC 28217. Date Revoked: May 1, 2008. License; Rescission of Order of Date Revoked: May 10, 2008. Reason: Failed to maintain a valid Revocation Reason: Failed to maintain a valid bond. Notice is hereby given that the Order bond. License Numer: 001736F. revoking the following license is being License Number: 004659F. Name: Linda R. Loya dba Loya rescinded by the Federal Maritime Name: Baron Worldwide, Inc. International Shipping. Commission pursuant to section 19 of Address: 4400 So. Federal Blvd., Ste. Address: 14141 Alondra Blvd., Santa the Shipping Act of 1984 (46 U.S.C. 2–B, Sheridan, CO 80110. Fe Springs, CA 90670 Chapter 409) and the regulations of the Date Revoked: May 28, 2008. Date Revoked: May 9, 2008. Commission pertaining to the licensing Reason: Failed to maintain a valid Reason: Failed to maintain a valid of Ocean Transportation Intermediaries, bond. bond. 46 CFR Part 515. License Number: 015127NF. License Number: 013934N. License Number: 019764N. Name: Carroll International Name: Maritime Freight America Name: Altorky Group Inc. Dba In & Transport, Inc. Corp. Out Cargo. Address: 1308 Centennial Ave., Ste. Address: 701 Newark Ave., Elizabeth, Address: 2323 S. Voss, #203–C1, 147, Piscataway, NJ 08854. NJ 07208. Houston, TX 77057. Date Revoked: May 11, 2008. Date Revoked: May 19, 2008. Order Published: FR: 05/14/08 Reason: Failed to maintain valid Reason: Surrendered license (Volume 73, No. 94 Pg. 27827). bonds. voluntarily. License Number: 017254N. Sandra L. Kusumoto, License Number: 019296N. Name: Central Ocean Freight Inc. Name: Ours Logis, Inc. Director, Bureau of Certification and Address: 69–49 198th Street, Fresh Licensing. Address: 1139 E. Dominguez Street, Meadows, NY 11365. Unit L, Carson, CA 90746. [FR Doc. E8–13084 Filed 6–10–08; 8:45 am] Date Revoked: May 4, 2008. Date Revoked: May 17, 2008. BILLING CODE 6730–01–P Reason: Failed to maintain a valid Reason: Failed to maintain a valid bond. bond. License Number: 017468F. FEDERAL MARITIME COMMISSION Name: Cobal International Inc. License Number: 002328N. Address: 509 Paul Ave., Allendale, NJ Name: Ross Freight Company, Inc. Ocean Transportation Intermediary 07401. Address: 26302 So. Western Ave., Ste. License; Revocations Date Revoked: May 11, 2008. 7, Lomita, CA 90717. Date Revoked: May 30, 2008. The Federal Maritime Commission Reason: Failed to maintain a valid Reason: Failed to maintain a valid hereby gives notice that the following bond. bond. Ocean Transportation Intermediary License Number: 016781N. licenses have been revoked pursuant to Name: Elite Ocean Cargo, Inc. License Number: 003789F. section 19 of the Shipping Act of 1984 Address: 16303 Air Center Blvd., Name: Ryan Freight Services, Inc. (46 U.S.C. Chapter 409) and the Houston, TX 77032. Address: 902 Hummingbird Trail, regulations of the Commission Date Revoked: May 2, 2008. Grapevine, TX 76051. pertaining to the licensing of Ocean Reason: Failed to maintain a valid Date Revoked: May 2, 2008. Transportation Intermediaries, 46 CFR bond. Reason: Failed to maintain a valid Part 515, effective on the corresponding License Number: 020047N. bond. date shown below: Name: Fastlane Shipping, Inc. License Number: 019455NF. License Number: 018041N. Address: 1990 Westwood Blvd., Ste. Name: TMMAA Line Houston, Inc. Name: Airsealand Express 240, Los Angeles, CA 90025. Address: 15550 Vickery Dr., Ste. 100, Incorporated. Date Revoked: May 27, 2008. Houston, TX 77032. Address: 151 Haskin Way, Unit E, So. Reason: Surrendered license Date Revoked: May 3, 2008. San Francisco, CA 94080. voluntarily. Reason: Failed to maintain valid Date Revoked: May 31, 2008. License Number: 020101N. bonds. Reason: Failed to maintain a valid Name: Guaranteed International License Number: 019299F. bond. Freight and Trade Inc. Name: Trans Atlantic Shipping, Inc. License Number: 004092F. Address: 239–241 Kingston Ave., dba TAS, Inc. Name: Amerford FMS, Inc. Brooklyn, NY 11213. Address: 1005 W. Arbor Vitae Street, Address: 2131 W. Willow Street, Ste. Date Revoked: May 23, 2008. Inglewood, CA 90301. 201, Long Beach, CA 90810. Reason: Failed to maintain a valid Date Revoked: May 4, 2008. Date Revoked: May 21, 2008. bond. Reason: Failed to maintain a valid Reason: Failed to maintain a valid License Number: 019693F. bond. bond. Name: IGX International, Inc. License Number: 020240N. License Number: 014460NF. Address: Acuarela St., #3A Marinez Name: Tug New York, Inc. dba Name: Anthem Worldwide Lines, Inc. Nadal Ave., Guaynabo, PR 00966. Summit Global Logistics.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33093

Address: 150–15 183rd Street, replacement QI within thirty days. 46 It is further ordered that Central Springfield Gardens, NY 11413. CFR 515.18. Agency is named as a Respondent in Date Revoked: May 19, 2008. Central was licensed on the basis of this proceeding. Affidavits of fact and Reason: Surrendered license the qualifications of Mr. Quevedo as QI. memoranda of law shall be filed by voluntarily. Mr. Quevedo, however, resigned as an Respondent and any intervenors in License Number: 020738N. officer of the corporation. Accordingly, support of Respondent no later than July Name: Tug USA, Inc. dba Summit without a QI, Central does not meet the 11, 2008; Global Logistics. requirements imposed by the It is further ordered that the Address: 17971 Arenth Ave., City of Commission’s regulations to continue as Commission’s Bureau of Enforcement be Industry, CA 91748. a licensed OTI. Central has been made a party to this proceeding; notified in writing of its noncompliance Date Revoked: May 19, 2008. It is further ordered that reply with the Commission’s regulations, and Reason: Surrendered license affidavits and memoranda of law shall has been advised explicitly of the voluntarily. be filed by the Bureau of Enforcement consequences of failure to designate a and any intervenors in opposition to Sandra L. Kusumoto, replacement QI, including possible Respondent no later than August 11, Director, Bureau of Certification and revocation of its license. Licensing. Section 19(c) of the Shipping Act of 2008; [FR Doc. E8–13077 Filed 6–10–08; 8:45 am] 1984, as amended, 46 U.S.C. 40903(a) It is further ordered that rebuttal affidavits and memoranda of law shall BILLING CODE 6730–01–P authorizes the Commission, after notice and the opportunity for a hearing, to: be filed by Respondent and intervenors in support no later than August 26, * * * suspend or revoke an ocean FEDERAL MARITIME COMMISSION transportation intermediary’s license if the 2008; Commission finds that the ocean It is further ordered that: [Docket No. 08–02] transportation intermediary— (a) Should any party believe that an Revocation of Ocean Transportation (2) Willfully failed to comply with a evidentiary hearing is required, that provision of this part or with an order or party must submit a request for such Intermediary, License No. 016019N— regulation of the Commission. Central Agency of Florida, Inc.; Order hearing together with a statement setting to Show Cause Now therefore, it is ordered that, forth in detail the facts to be proved, the pursuant to sections 11 and 19(c) of the relevance of those facts to the issues in Respondent Central Agency of Shipping Act of 1984, 46 U.S.C. 41302, this proceeding, a description of the Florida, Inc. (‘‘Central’’) was 40903(a)(2), Central Agency of Florida, evidence which would be adduced, and incorporated in Florida in 1997 and, Inc., is directed to show cause, within why such evidence cannot be submitted since 1999, has operated as an ocean 30 days of publication of this Order in by affidavit; transportation intermediary (‘‘OTI’’) the Federal Register, why the (b) Should any party believe that an pursuant to FMC License No. 016019N. Commission should not revoke its oral argument is required, that party According to records maintained by the license for failure to designate and must submit a request specifying the Commission’s Bureau of Certification maintain a QI, as required by sections reasons therefore and why argument by and Licensing (‘‘BCL’’), Central’s office 515.11 and 515.18 of the Commission’s memorandum is inadequate to present is located at 7088 NW 50th Street, regulations, 46 CFR 515.11 and 515.18; the party’s case; and It is further ordered that, pursuant to Miami, FL 33145. (c) Any request for evidentiary sections 11 and 19(c) of the Shipping BCL records identify Patricio hearing or oral argument shall be filed Act of 1984, 46 U.S.C. 41302, Quevedo as Central’s President and sole no later than August 11, 2008; shareholder. Mr. Quevedo is also 40903(a)(2), Central Agency is directed It is further ordered that notice of this identified as Central’s Qualifying to show cause, within 30 days of Order to Show Cause be published in Individual (‘‘QI’’). On January 24, 2007, publication of this Order in the Federal the Federal Register, and that a copy Mr. Quevedo filed an Officer/Director Register, why the Commission should thereof be served upon respondent at its Resignation Form with the State of not order it to cease and desist from last known address; Florida resigning as an officer of operating as an ocean transportation Central. intermediary in the foreign trade of the It is further ordered that all Commission regulations require an United States for failure to designate documents submitted by any party of OTI continuously to employ an and maintain a QI, as required by record in this proceeding shall be filed individual with ‘‘a minimum of three sections 515.11 and 515.18 of the in accordance with Rule 118 of the years of experience in ocean Commission’s regulations, 46 CFR Commission’s Rules of Practice and transportation intermediary activities in 515.11 and 515.18. Procedure, 46 CFR 502.118, as well as the United States, and the necessary It is further ordered that this being mailed directly to all parties of character to render ocean transportation proceeding is limited to the submission record; intermediary services.’’ 46 CFR of affidavits of facts and memoranda of Finally, it is ordered that pursuant to 515.11(a).1 For a corporation, the QI law; the terms of Rule 61 of the must be an active corporate officer. 46 It is further ordered that any person Commission’s Rules of Practice and CFR 515.11(b). Further, when the QI of having an interest and desiring to Procedure, 46 CFR 502.61, the final a corporation resigns as an officer of that intervene in this proceeding shall file a decision of the Commission in this corporation, section 515.18 of the petition for leave to intervene in proceeding shall be issued by December Commission’s regulations requires the accordance with Rule 72 of the 24, 2008. Commission’s Rules of Practice and corporation to notify the Commission of By the Commission. the resignation and to designate a Procedure, 46 CFR 502.72. Such petition shall be accompanied by the petitioner’s Karen V. Gregory, Assistant Secretary. 1 The Commission’s regulations pertaining to memorandum of law and affidavits of licensing and the responsibilities of OTIs are set fact, if any, and shall be filed no later [FR Doc. E8–13080 Filed 6–10–08; 8:45 am] forth at 46 CFR Part 515. than the day fixed below; BILLING CODE 6730–01–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33094 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

FEDERAL RESERVE SYSTEM Public Comment Times and Dates (All Reconstruction Reviews Report; and Board times are Central Daylight Time): Future Plans and Schedules. Change in Bank Control Notices; 5 p.m.–6 p.m., June 24, 2008. The agenda is subject to change as Acquisition of Shares of Bank or Bank 7:30 p.m.–8:30 p.m., June 25, 2008. priorities dictate. Holding Companies Place: Millennium Hotel St. Louis, 200 In the event an individual cannot attend, South 4th Street, St. Louis, MO 63102, written comments may be submitted The notificants listed below have Telephone (314) 241–9500, Fax (314) 516– according to the policy provided below. Any applied under the Change in Bank 6149. written comments received will be provided Control Act (12 U.S.C. 1817(j)) and Status: Open to the public, limited only by at the meeting and should be submitted to the space available. The meeting space § 225.41 of the Board’s Regulation Y (12 the contact person below well in advance of accommodates approximately 75 to 100 the meeting. CFR 225.41) to acquire a bank or bank people. holding company. The factors that are Policy on Redaction of Board Meeting Background: The Advisory Board was Transcripts (Public Comment), (1) If a person considered in acting on the notices are established under the Energy Employees making a comment gives his or her name, no Occupational Illness Compensation Program set forth in paragraph 7 of the Act (12 attempt will be made to redact that name. (2) (EEOICP) Act of 2000 to advise the President U.S.C. 1817(j)(7)). NIOSH will take reasonable steps to ensure on a variety of policy and technical functions The notices are available for that individuals making public comment are immediate inspection at the Federal required to implement and effectively manage the new compensation program. Key aware of the fact that their comments Reserve Bank indicated. The notices functions of the Advisory Board include (including their name, if provided) will also will be available for inspection at providing advice on the development of appear in a transcript of the meeting posted the office of the Board of Governors. probability of causation guidelines which on a public Web site. Such reasonable steps Interested persons may express their have been promulgated by the Department of include: (a) A statement read at the start of views in writing to the Reserve Bank Health and Human Services (HHS) as a final each public comment period stating that indicated for that notice or to the offices rule, advice on methods of dose transcripts will be posted and names of speakers will not be redacted; (b) A printed of the Board of Governors. Comments reconstruction which have also been promulgated by HHS as a final rule, advice copy of the statement mentioned in (a) above must be received not later than June 26, will be displayed on the table where 2008. on the scientific validity and quality of dose estimation and reconstruction efforts being individuals sign up to make public comment; A. Federal Reserve Bank of Kansas performed for purposes of the compensation (c) A statement such as outlined in (a) above City (Todd Offenbacker, Assistant Vice program, and advice on petitions to add will also appear with the agenda for a Board President) 1 Memorial Drive, Kansas classes of workers to the Special Exposure Meeting when it is posted on the NIOSH Web City, Missouri 64198–0001: Cohort (SEC). site; (d) A statement such as in (a) above will 1. Peter Joseph Fiene and Jane In December 2000, the President delegated appear in the Federal Register Notice that Frances Fiene, both of Overland Park, responsibility for funding, staffing, and announces Board and Subcommittee Kansas, and the Patrick Robert Fiene operating the Advisory Board to HHS, which meetings. (3) If an individual in making a Family Irrevocable Trust No. 1, Peter subsequently delegated this authority to the statement reveals personal information (e.g., Joseph Fiene, trustee, to acquire voting CDC. NIOSH implements this responsibility medical information) about themselves that for CDC. The charter was issued on August information will not usually be redacted. The shares of BOR Bancorp, and thereby 3, 2001, renewed at appropriate intervals, NIOSH FOIA coordinator will, however, indirectly acquire voting shares of Bank and will expire on August 3, 2009. review such revelations in accordance with of Rothville, both in Rothville, Missouri. Purpose: This Advisory Board is charged the Freedom of Information Act and the Board of Governors of the Federal Reserve with (a) providing advice to the Secretary, Federal Advisory Committee Act and if System, June 6, 2006. HHS, on the development of guidelines deemed appropriate, will redact such under Executive Order 13179; (b) providing Robert deV. Frierson, information. (4) All disclosures of advice to the Secretary, HHS, on the information concerning third parties will be Deputy Secretary of the Board. scientific validity and quality of dose redacted. (5) If it comes to the attention of the [FR Doc. E8–13032 Filed 6–10–08; 8:45 am] reconstruction efforts performed for this DFO that an individual wishes to share BILLING CODE 6210–01–S program; and (c) upon request by the information with the Board but objects to Secretary, HHS, advise the Secretary on doing so in a public forum, the DFO will whether there is a class of employees at any work with that individual, in accordance DEPARTMENT OF HEALTH AND Department of Energy facility who were with the Federal Advisory Committee Act, to exposed to radiation but for whom it is not HUMAN SERVICES find a way that the Board can hear such feasible to estimate their radiation dose, and comments. on whether there is reasonable likelihood Contact Person for More Information: Centers for Disease Control and that such radiation doses may have Prevention Christine Branche, PhD, Executive Secretary, endangered the health of members of this NIOSH, CDC, 395 E. Street, SW., Suite 9200, class. Washington, DC 20201, Telephone (513) Advisory Board on Radiation and Matters to be Discussed: The agenda for the 533–6800, Toll Free 1 (800) 35–NIOSH, E- Worker Health (ABRWH or Advisory Advisory Board meeting includes: NIOSH mail [email protected]. Board), National Institute for Program Status Update; Special Exposure The Director, Management Analysis and Occupational Safety and Health Cohort (SEC) Petitions for: Y–12 Plant, Dow Services Office, has been delegated the (NIOSH) Chemical Company, and Spencer Chemical Company; SEC Petition Updates: Chapman authority to sign Federal Register notices In accordance with section 10(a)(2) of Valve, Rocky Flats Plant, Blockson Chemical pertaining to announcements of meetings and the Federal Advisory Committee Act Company, Area IV of the Santa Susana Field other committee management activities, for Laboratory, Massachusetts Institute of both CDC and the Agency for Toxic (Pub. L. 92–463), the Centers for Disease Substances and Disease Registry. Control and Prevention (CDC), Technology (MIT), Texas City Chemicals; announces the following meeting of the Presentation by the Office of Compensation Dated: June 4, 2008. Analysis and Support (OCAS) on special Elaine L. Baker, aforementioned committee: science journal publication; a presentation on Director, Management Analysis and Services Board Meeting Times and Dates (All times Board interactions with Congressional Office, Centers for Disease Control and are Central Daylight Time): staffers; Department of Labor (DOL) Update; Prevention. 9 a.m.–5 p.m., June 24, 2008. Department of Energy (DOE) Update 9 a.m.–5 p.m., June 25, 2008. including data access and security; Work [FR Doc. E8–13043 Filed 6–10–08; 8:45 am] 9 a.m.–2 p.m., June 26, 2008. Group reports; Subcommittee on Dose BILLING CODE 4163–18–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33095

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Dated: June 5, 2008. HUMAN SERVICES HUMAN SERVICES Sally D. Atwater, Executive Director, President’s Committee for Centers for Disease Control and Administration for Children and People with Intellectual Disabilities. Prevention Families [FR Doc. E8–13091 Filed 6–10–08; 8:45 am] BILLING CODE 4184–01–P Task Force on Community Preventive President’s Committee for People With Services Intellectual Disabilities Notice of Meeting DEPARTMENT OF HEALTH AND In accordance with section 10(a)(2) of AGENCY: President’s Committee for HUMAN SERVICES the Federal Advisory Committee Act People with Intellectual Disabilities (Pub. L. 92–463), the Centers for Disease (PCPID). Food and Drug Administration Control and Prevention (CDC) ACTION: Notice of Quarterly Meeting. [Docket No. FDA–2006–E–0130] (formerly announces the following meeting: Docket No. 2006E–0486) Name: Task Force on Community DATES: June 25, 2008, from 9 a.m. to 5 Determination of Regulatory Review Preventive Services. p.m. EST; June 26, 2008, from 2:30 p.m. Period for Purposes of Patent Times and Dates: 8 a.m.–6 p.m. EST, June to 5 p.m.; and June 27, 2008, from 8:30 Extension; ROTATEQ 25, 2008. 8 a.m.–1 p.m. EST, June 26, 2008. a.m. to 12 p.m. EST. The meeting will be open to the public. Place: Centers for Disease Control and AGENCY: Food and Drug Administration, Prevention, 2500 Century Parkway, Atlanta, ADDRESSES: The meeting will be held in HHS. Georgia 30345. Room 800 of the Hubert H. Humphrey ACTION: Notice. Status: Open to the public, limited only by Building, 200 Independence Ave., SW., the space available. Washington, DC 20201. Individuals who SUMMARY: The Food and Drug Purpose: The mission of the Task Force is would like to participate via conference Administration (FDA) has determined to develop and publish the Guide to call may do so by dialing 888–810– the regulatory review period for Community Preventive Services (Community 4935, passcode: PCPID. Individuals who ROTATEQ and is publishing this notice Guide), which consists of systematic reviews will need accommodations for a of that determination as required by of the best available scientific evidence and disability in order to attend the meeting law. FDA has made the determination associated recommendations regarding what (e.g., sign language interpreting services, because of the submission of an works in the delivery of essential public assistive listening devices, materials in application to the Director of Patents health services. alternative format such as large print or and Trademarks, Department of Topics include: Braille) should notify MJ Karimi via e- Commerce, for the extension of a patent • Interventions to reduce vaccine- mail at which claims that human biological preventable diseases: Updates to existing [email protected], or via product. reviews telephone at 202–619–0634, no later • Asthma—home visitation than June 18, 2008. PCPID will attempt ADDRESSES: Submit written or electronic interventions to meet requests made after that date, comments and petitions to the Division • Alcohol—hours and days of sale but cannot guarantee availability. All of Dockets Management (HFA–305), • Worksite—On-site access to influenza meeting sites are barrier free. Food and Drug Administration, 5630 vaccination Agenda: PCPID will meet to swear in Fishers Lane, rm. 1061, Rockville, MD • Folic Acid—Community-wide the new members of the Committee and 20852. Submit electronic comments to education resupplements set the agenda for the coming year. http://www.regulations.gov. Agenda items are subject to change as Additional Information: For further FOR FURTHER INFORMATION CONTACT: priorities dictate. information, please contact Sally D. Beverly Friedman, Office of Regulatory Persons interested in reserving a space for Atwater, Executive Director, President’s Policy, Food and Drug Administration, this meeting should call Charmen Crawford Committee for People with Intellectual 10903 New Hampshire Ave., Bldg. 51, at 404–498–2498 by close of business on June Disabilities, The Aerospace Center, rm. 6222, Silver Spring, MD 20993– 20, 2008. Second Floor West, 370 L’Enfant 0002, 301–796–3602. Contact person for additional information: Promenade, SW., Washington, DC SUPPLEMENTARY INFORMATION: The Drug Charmen Crawford, Coordinating Center for 20447. Telephone: 202–619–0634. Fax: Price Competition and Patent Term Health Information and Services, National 202–205–9591. E-mail: Restoration Act of 1984 (Public Law 98– Center for Health Marketing, Office of the [email protected]. 417) and the Generic Animal Drug and Director, 1600 Clifton Road, M/S E–69, SUPPLEMENTARY INFORMATION: PCPID Patent Term Restoration Act (Public Atlanta, GA 30333, phone: 404–498–2498. acts in an advisory capacity to the Law 100–670) generally provide that a Dated: June 4, 2008. President and the Secretary of Health patent may be extended for a period of James D. Seligman, and Human Services on a broad range up to 5 years so long as the patented Chief Information Officer, Centers for Disease of topics relating to programs, services item (human drug product, animal drug Control and Prevention. and supports for persons with product, medical device, food additive, [FR Doc. E8–13114 Filed 6–10–08; 8:45 am] intellectual disabilities. PCPID, by or color additive) was subject to Executive Order, is responsible for regulatory review by FDA before the BILLING CODE 4163–18–P evaluating the adequacy of current item was marketed. Under these acts, a practices in programs, services and product’s regulatory review period supports for persons with intellectual forms the basis for determining the disabilities, and for reviewing legislative amount of extension an applicant may proposals that impact the quality of life receive. experienced by citizens with A regulatory review period consists of intellectual disabilities and their two periods of time: A testing phase and families. an approval phase. For human

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33096 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

biological products, the testing phase However, FDA records indicate that the Dated: May 21, 2008. begins when the exemption to permit IND effective date was July 26, 1993, Jane A. Axelrad, the clinical investigations of the when the IND was removed from Associate Director for Policy, Center for Drug biological becomes effective and runs clinical hold and studies in humans Evaluation and Research. until the approval phase begins. The could proceed. [FR Doc. E8–13109 Filed 6–10–08; 8:45 am] approval phase starts with the initial 2. The date the application was BILLING CODE 4160–01–S submission of an application to market initially submitted with respect to the the human biological product and human biological product under section continues until FDA grants permission 351 of the Public Health Service Act (42 DEPARTMENT OF HEALTH AND to market the biological product. U.S.C. 262): April 5, 2005. FDA has HUMAN SERVICES Although only a portion of a regulatory verified the applicants’ claim that the review period may count toward the biologics license application (BLA) for Food and Drug Administration actual amount of extension that the ROTATEQ (BLA 125122) was initially [Docket No. FDA–2008–N–0324] Director of Patents and Trademarks may submitted on April 5, 2005. award (for example, half the testing 3. The date the application was Summaries of Medical and Clinical phase must be subtracted as well as any approved: February 3, 2006. FDA has Pharmacology Reviews of Pediatric time that may have occurred before the verified the applicants’ claim that BLA Studies; Availability patent was issued), FDA’s determination 125122 was approved on February 3, AGENCY: of the length of a regulatory review 2006. Food and Drug Administration, HHS. period for a human biological product This determination of the regulatory will include all of the testing phase and review period establishes the maximum ACTION: Notice. approval phase as specified in 35 U.S.C. potential length of a patent extension. 156(g)(1)(B). SUMMARY: The Food and Drug However, the U.S. Patent and Administration (FDA) is announcing the FDA approved for marketing the Trademark Office applies several human biologic product ROTATEQ availability of summaries of medical statutory limitations in its calculations and clinical pharmacology reviews of (Rotavirus Vaccine, Live, Oral, of the actual period for patent extension. Pentavalent). ROTATEQ is indicated for pediatric studies submitted in In its application for patent extension, supplements for ABILIFY (aripiprazole), the prevention of rotavirus these applicants seek 1,751 days of gastroenteritis in infants and children ANDROGEL (testosterone), and patent term extension. caused by the serotypes G1, G2, G3, and DIOVAN (valsartan). These summaries Anyone with knowledge that any of G4, when administered as a 3-dose are being made available consistent with the dates as published are incorrect may series to infants between the ages of 6 the Best Pharmaceuticals for Children submit to the Division of Dockets to 32 weeks. Subsequent to this Act, enacted in 2002, (the 2002 BPCA). Management (see ADDRESSES) written or approval, the Patent and Trademark For all pediatric supplements submitted electronic comments and ask for a Office received a patent term restoration under the 2002 BPCA, the 2002 BPCA application for ROTATEQ (U.S. Patent redetermination by August 11, 2008. required FDA to make available to the No. 5,626,851) from the Wistar Institute Furthermore, any interested person may public, including by publication in the of Anatomy and Biology and the petition FDA for a determination Federal Register, a summary of the Children’s Hospital of Philadelphia, and regarding whether the applicant for medical and clinical pharmacology the Patent and Trademark Office extension acted with due diligence reviews of the pediatric studies requested FDA’s assistance in during the regulatory review period by conducted for the supplement. December 8, 2008. To meet its burden, determining this patent’s eligibility for ADDRESSES: the petition must contain sufficient facts Submit written requests for patent term restoration. In a letter dated single copies of the summaries to the February 28, 2007, FDA advised the to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., Division of Drug Information, Center for Patent and Trademark Office that this Drug Evaluation and Research, Food human biological product had pp. 41–42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. and Drug Administration, 10903 New undergone a regulatory review period Hampshire Ave., Bldg. 51, rm. 2201, and that the approval of ROTATEQ Comments and petitions should be submitted to the Division of Dockets Silver Spring, MD 20993–0002. Please represented the first permitted specify by product name which commercial marketing or use of the Management. Three copies of any mailed information are to be submitted, summary or summaries you are product. Shortly thereafter, the Patent requesting. Send one self-addressed and Trademark Office requested that except that individuals may submit one copy. Comments are to be identified adhesive label to assist that office in FDA determine the product’s regulatory processing your requests. See the review period. with the docket number found in brackets in the heading of this SUPPLEMENTARY INFORMATION section for FDA has determined that the electronic access to the summaries. applicable regulatory review period for document. Comments and petitions may ROTATEQ is 4,577 days. Of this time, be seen in the Division of Dockets FOR FURTHER INFORMATION CONTACT: 4,272 days occurred during the testing Management between 9 a.m. and 4 p.m., Grace Carmouze, Center for Drug phase of the regulatory review period, Monday through Friday. Evaluation and Research, Food and while 305 days occurred during the Please note that on January 15, 2008, Drug Administration, 10903 New approval phase. These periods of time the FDA Division of Dockets Hampshire Ave., Bldg. 22, rm. 6460, were derived from the following dates: Management Web site transitioned to Silver Spring, MD 20993–0002, 301– 1. The date an exemption under the Federal Dockets Management 796–0700, e-mail: section 505(i) of the Federal Food, Drug, System (FDMS). FDMS is a [email protected]. and Cosmetic Act (21 U.S.C. 355(i)) Government-wide, electronic docket SUPPLEMENTARY INFORMATION: became effective: July 26, 1993. The management system. Electronic applicants claim June 18, 1993, as the comments or submissions will be I. Background date the investigational new drug accepted by FDA only through FDMS at FDA is announcing the availability of application (IND) became effective. http://www.regulations.gov. summaries of medical and clinical

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33097

pharmacology reviews of pediatric summaries of medical and clinical AIDS Bureau issued interim waiver studies conducted for ABILIFY pharmacology reviews of pediatric eligibility guidance for FY 2007 to (aripiprazole), ANDROGEL studies submitted in supplements for provide immediate implementation of (testosterone), and DIOVAN (valsartan). ABILIFY (aripiprazole), ANDROGEL these waiver provisions. The final The summaries are being made available (testosterone), and DIOVAN (valsartan). Uniform Standard for Waiver of Core consistent with section 9 of the 2002 Copies are also available by mail (see Medical Services Requirements for BPCA (Public Law 107–109). Enacted on ADDRESSES). Grantees Under Parts A, B, and C January 4, 2002, the 2002 BPCA reflects modifications based on public reauthorized, with certain important II. Electronic Access comment received in response to the changes, the pediatric exclusivity Persons with access to the Internet guidance published in the Federal program described in section 505A of may obtain the document at http:// Register on November 27, 2007. During the Federal Food, Drug, and Cosmetic www.fda.gov/cder/pediatric/index.htm. the 30-day comment period ending Act (the act) (21 U.S.C. 355a). Section Dated: June 3, 2008. December 26, 2007, HAB received 505A of the act permits certain Jeffrey Shuren, comments from the public. Beginning in FY 2009, HRSA will applications to obtain 6 months of Associate Commissioner for Policy and marketing exclusivity if, in accordance Planning. utilize new standards for granting with the requirements of the statute, the waivers of the core medical services [FR Doc. E8–13099 Filed 6–10–08; 8:45 am] sponsor submits requested information requirement for Ryan White HIV/AIDS relating to the use of the drug in the BILLING CODE 4160–01–S Program grantees. These standards meet pediatric population. the intent of the Ryan White HIV/AIDS One of the provisions the 2002 BPCA DEPARTMENT OF HEALTH AND Treatment Modernization Act of 2006 to added to the pediatric exclusivity HUMAN SERVICES increase access to core medical services, program pertains to the dissemination of including antiretroviral drugs, for pediatric information. Specifically, for Health Resources and Services persons with HIV/AIDS and to ensure all pediatric supplements submitted Administration that grantees receiving waivers under the 2002 BPCA, the 2002 BPCA demonstrate the availability of such required FDA to make available to the HIV/AIDS Bureau; Ryan White HIV/ services for individuals with HIV/AIDS public, including by publication in the AIDS Program Core Medical Services identified and eligible under Title XXVI Federal Register, a summary of the Waiver Application Requirements of the PHS Act. The purposes of this medical and clinical pharmacology notice are: (1) To establish a uniform reviews of pediatric studies conducted AGENCY: Health Resources and Services standard for core medical services for the supplement within 180 days of Administration, HHS. waiver eligibility for grantees under study submission to FDA (21 U.S.C. ACTION: Final notice. Parts A, B, and C of Title XXVI of the 355a(j)(1)). SUMMARY: PHS Act; and (2) to establish a process The pediatric exclusivity program The Health Resources and Services Administration (HRSA) is for waiver request submission, review described in section 505A of the act and notification. The core medical again was reauthorized on September amending the uniform waiver standards for Ryan White HIV/AIDS Program services waiver uniform standard and 27, 2007, in title V of the Food and Drug waiver request process in this notice Administration Amendments Act grantees requesting a core medical services waiver for fiscal year (FY) 2009 apply to Ryan White HIV/AIDS Program (FDAAA) (Public Law 110–85). FDAAA grant awards under Parts A, B, and C of revised the public dissemination and beyond. Title XXVI of the Public Health Service (PHS) Act, as amended Title XXVI of the PHS Act effective for provision previously found in 21 U.S.C. the FY 2009 grant year. 355a(j)(1). As revised, not later than 210 by the Ryan White HIV/AIDS Treatment days after the date of submission of a Modernization Act of 2006 (Ryan White Comments on the Proposed Uniform report on a pediatric study conducted HIV/AIDS Program), requires that Standard for Waiver of Core Medical under the pediatric exclusivity program, grantees expend 75 percent of Parts A, Services Requirements for Grantees FDA must make available to the public B, and C funds on core medical services, Under Parts A, B, and C the medical, statistical, and clinical including antiretroviral drugs, for There were several public comments pharmacology reviews of the pediatric individuals with HIV/AIDS identified in strong support of the draft policy studies (21 U.S.C. 355a(k)(1)). Under and eligible under the legislation. HRSA stating that the proposed changes allow FDAAA, publication in the Federal has issued waiver standards for grantees more funds to be allocated to life-saving Register is no longer required. FDA under Parts A, B, and C of Title XXVI core medical services, including currently posts these reviews on the of the PHS Act. This Federal Register medications. The following suggestions Internet at http://www.fda.gov/cder/ notice seeks to make public the final and concerns were the main issues pediatric/BpcaPrea_full_review.htm. notice of Uniform Standard for Waiver raised in the public comments. The three sets of summaries being of Core Medical Services Requirements announced in this issue of the Federal for Grantees Under Parts A, B, and C Issue (1): Types of Documentation and Register are the last summaries of effective FY 2009. Evidence Required as Part of the Waiver reviews of supplements subject to the SUPPLEMENTARY INFORMATION: The Ryan Request. 2002 BPCA dissemination provision. White HIV/AIDS Program imposes two (Comment) Submission of Because publication in the Federal criteria for waiver eligibility: (1) no documentation letters from private Register is no longer required, this will waiting lists for AIDS Drug Assistance payers should be optional, not required. be the last notice announcing the Program (ADAP) services; and (2) core (Response) HRSA concurs with the availability of summaries of medical medical services availability within the suggestion and changed the sentence and clinical pharmacology reviews of relevant service area to all individuals regarding private insurers to ‘‘letters pediatric studies conducted under the with HIV/AIDS identified and eligible from Medicaid and other State and local pediatric exclusivity program. FDA has under Title XXVI of the PHS Act. (See HIV/AIDS entitlement and benefits posted on the Internet at http:// sections 2604(c)(2), 2612(b)(2), and programs, which may include private www.fda.gov/cder/pediatric/index.htm 2651(c)(2) of the PHS Act.) HRSA’s HIV/ insurers’’.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33098 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

(Comment) Requiring submission of submitted after awards are received, to AIDS Program funding on outreach and data demonstrating that services are better respond to fluctuations in testing. ‘‘being utilized’’ is unreasonable and funding. (Response) HRSA agrees with the falls outside the provisions of the (Response) HRSA does not agree with commenter’s emphasis on the statute. the recommendation to submit waiver importance of ensuring that all cases of (Response) HRSA concurs with the requests after receipt of a Notice of HIV and AIDS are identified and comment. As amended, the standard Grant Awards (NGA). By law, the brought into care, but disagrees with the requires grantees to provide specific waiver will be granted at the time the proposal. HRSA urges all of the Ryan verifiable evidence that all listed core award is made (See sections White HIV/AIDS Program grantees to medical services are available and 2604(c)(2)(B), 2612(b)(2)(B), and utilize available outreach funding, accessible to meet the needs of persons 2651(c)(2)(B) of the PHS Act.) with HIV/AIDS who are identified and including those available from the eligible for Ryan White HIV/AIDS Issue (3): Requests for Obtaining a Core Centers for Disease Control and Program services without further Medical Services Waiver Need to be Prevention, to identify HIV-positive infusion of Ryan White HIV/AIDS Strengthened to Require More Stringent individuals and provide linkages to HIV Program dollars. Documentation Than That Proposed care and treatment. (Comment) ‘‘Verifiable evidence’’ that (Comment) Requests for obtaining a Uniform Standard for Waiver of Core core services are available and core medical service waiver should Medical Services Requirements for accessible is not replicable across include assurances that core services are Grantees Under Parts A, B, and C jurisdictions and would not result in available and accessible to those most in ‘‘uniform waiver standards’’. need. Documentation should include Grantees must submit a waiver (Response) HRSA does not concur information about average waiting times request with the annual grant with the comment. The core medical for first appointments, average travel application containing the following services waiver standards do not require time to service locations as well as cost- certifications and documentation which that methods of providing ‘‘verifiable sharing or service limits related to core will be utilized by HRSA in determining evidence’’ of service availability and services. Grantees should be required to whether to grant a waiver. The waiver accessibility be replicable across identify all eligible people including must be signed by the chief elected jurisdictions. When submitting a waiver those not yet diagnosed. official or the fiscally responsible agent, request, each jurisdiction must submit (Response) HRSA acknowledges the and include: clear and concise verifiable commenter’s emphasis on the documentation as to the availability and 1. Certification from the Part B State importance of access to services and accessibility of all core medical services grantee that there are no current or follow-up, however, disagrees with the in their service area. Each waiver anticipated ADAP services waiting lists suggestion for additional documentation request will be reviewed and assessed in the State for the year in which such as this would be overly burdensome to individually on its merits. waiver request is made. This grantees seeking core medical service (Comment) There is no basis for the certification must also specify that there waivers. Furthermore, the proposed standard that all core medical are no waiting lists for a particular core documentation imposed by this final services must be available within 30 class of antiretroviral therapeutics notice is sufficiently detailed for HRSA days. established by the Secretary, e.g., fusion (Response) The Ryan White HIV/AIDS to approve or deny core medical inhibitors; services waiver requests. Program legislation specifies that core 2. Certification that all core medical (Comment) Require that Ryan White medical services must be ‘‘available.’’ services listed in the statute (Part A HIV/AIDS Program-funded core medical Access to routine medical and section 2604(c)(3), Part B section services providers be included in the preventive care services within 30 days 2612(b)(3), and Part C section public process. has been cited as an example of a 2651(c)(3)), regardless of whether such (Response) HRSA concurs. Grantees reasonable availability standard for services are funded by the Ryan White will be required to provide evidence of Medicare Coordinated Care Plans by the HIV/AIDS Program, are available within a public process for the dissemination of Department of Health and Human 30 days for all identified and eligible information and must document that Services/Centers for Medicare and individuals with HIV/AIDS in the they have sought input from affected Medicaid Services (HHS/CMS). (See service area; Medicare Managed Care Manual, communities, including Ryan White 3. Evidence that a public process was Chapter 4 Benefits and Beneficiary HIV/AIDS Program-funded core medical conducted to seek public input on Protections, section 120.2 Access and services providers. availability of core medical services; Availability Rules for Coordinated Care (Comment) Public input should be Plans at http://www.cms.hhs.gov/ independent of routine community 4. Evidence that receipt of the core manuals/downloads/mc86c04.pdf.) planning. medical services waiver is consistent Therefore, HRSA will maintain the (Response) HRSA does not concur. with the grantee’s Ryan White HIV/ requirement that all core medical Requiring a public input process AIDS Program application (e.g., services are available to individuals independent of routine community ‘‘Description of Priority Setting and identified in the service area within 30 planning would be burdensome given Resource Allocation Processes’’ and days, as this requirement serves as a Ryan White HIV/AIDS Program ‘‘Unmet Need Estimate and benchmark for the availability of core administrative cost caps. Assessment’’ sections of the application medical services. (Comment) Require documentation for Parts A, ‘‘Needs Assessment and demonstrating that grantees applying for Unmet Need’’ section of the application Issue (2): Core Medical Services Waiver waivers have made reasonable efforts to under Part B, and ‘‘Description of the Requests Submitted as Part of the identify all eligible persons including Local HIV Service Delivery System,’’ Annual Grant Application those not yet diagnosed and link them and ‘‘Current and Projected Sources of (Comment) Core medical services to care. This should include using at Funding’’ sections of the application waiver requests should be allowed to be least 25 percent of Ryan White HIV/ under Part C).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33099

Types of Documentation and Evidence Waiver Review and Notification notice is to reflect the new Order of Grantees must provide evidence that Process Succession for HRSA. all of the core medical services listed in As indicated, grantees must submit a Section R–30, Order of Succession the statute, regardless of whether such waiver request with their annual grant services are funded by the Ryan White application. No waiver requests will be During the absence or disability of the HIV/AIDS Program, are available to all accepted at any other time (other than Administrator, or in the event of a individuals with HIV/AIDS identified with the annual grant application). vacancy in the office, the officials and eligible under Title XXVI of the Application guidance documents will designated below shall act as PHS Act in the service area within 30 be amended to include this requirement. Administrator in the order in which days. Such documentation may include HRSA/HAB will review requests for they are listed: one or more of the following types of waiver of the core medical services 1. Deputy Administrator; information for the service area for the requirement and will notify grantees of prior fiscal year: HIV/AIDS care and waiver approval no later than the date 2. Senior Advisor to the treatment services inventories including of issuance of a NOGA. Core medical Administrator; funding sources, HIV/AIDS met and services waivers will be effective for a 3. Chief Financial Officer; unmet need assessments, HIV/AIDS one-year period consistent with the 4. Associate Administrator, Bureau of client/patient service utilization data, grant award period. Primary Health Care; planning council core medical services priority setting and funding allocations The Paperwork Reduction Act of 1995 5. Associate Administrator, Bureau of documents, and letters from Medicaid The burden for this activity has been Health Professions; and other State and local HIV/AIDS reviewed and approved by the Office of 6. Associate Administrator, HIV/AIDS entitlement and benefits programs, Management and Budget under the Bureau; which may include private insurers. Paperwork Reduction Act of 1995 (OMB Information provided by grantees must Number 0915–0307). 7. Associate Administrator, Maternal and Child Health Bureau; show specific verifiable evidence that Dated: June 5, 2008. all listed core medical services are 8. Associate Administrator, Bureau of Elizabeth M. Duke, available and accessible to meet the Clinician Recruitment and Service; needs of persons with HIV/AIDS who Administrator. [FR Doc. E8–13102 Filed 6–10–08; 8:45 am] 9. Associate Administrator, are identified and eligible for Ryan Healthcare Systems Bureau; White HIV/AIDS Program services BILLING CODE 4165–15–P without further infusion of Ryan White 10. Associate Administrator, Office of HIV/AIDS Program dollars. Such Performance Review, and DEPARTMENT OF HEALTH AND documentation must also describe 11. HRSA Regional Division Directors HUMAN SERVICES which specific core medical services are in the order in which they have received available, from whom, and through Health Resources and Services their permanent appointment as such. what funding source. Administration Grantees must have evidence of a Exceptions public process for the dissemination of Statement of Organization, Functions (a) No official listed in this section information and must document that and Delegations of Authority who is serving in acting or temporary they have sought input from affected capacity shall, by virtue of so serving, This notice amends Part R of the communities, including Ryan White act as Administrator pursuant to this Statement of Organization, Functions HIV/AIDS Program-funded core medical section. services providers, related to the and Delegations of Authority of the availability of core medical services and Department of Health and Human (b) Notwithstanding the provisions of the decision to request a waiver. This Services (HHS), Health Resources and this section, during a planned period of public process may be the same one Services Administration (HRSA) (60 FR absence, the Administrator retains the utilized for obtaining input on 56605, as amended November 6, 1995; discretion to specify a different order of community needs as part of the 67 FR 46519, July 15, 2002; 68 FR 787– succession. 793, January 7, 2003; 68 FR 8515–8517, comprehensive planning process. In Section R–40, Delegation of Authority addition, grantees must describe in February 21, 2003; 68 FR 64357–64358, narrative form the following: November 13, 2003; 69 FR 56433– All delegations and redelegations of 1. Local/State underlying issues that 56445, September 21, 2004; 70 FR authorities to officers and employees of influenced the grantee’s decision to 19962–19963, April 15, 2005; as last the Health Resources and Services request a waiver and how the submitted amended at FR 72 57588–57589, Administration which were in effect documentation supports the assertion October 10, 2007). This Order of immediately prior to the effective date Succession supersedes the Order of that such services are available and of this action will be continued in effect Succession for the Administrator, accessible to all individuals with HIV/ in them or their successors, pending HRSA, published at FR 72 57588– AIDS identified and eligible under Title further redelegation, provided they are XXVI in the service area. 57589, October 10, 2007. consistent with this action. 2. How the approval of a waiver will This notice deletes the Associate impact the grantee’s ability to address Administrator, Office of Management, This document is effective upon date unmet need for HIV/AIDS services and from HRSA’s hierarchy affecting the of signature. perform outreach to HIV-positive Order of Succession. It also adds, as a Dated: June 5, 2008. individuals not currently in care. last echelon to the HRSA Elizabeth M. Duke, 3. The consistency of the waiver Administrator’s order of succession, request with the grantee’s grant HRSA Regional Division Directors in the Administrator. application, including proposed service order in which they have received their [FR Doc. E8–13098 Filed 6–10–08; 8:45 am] priorities and funding allocations. permanent appointment as such. This BILLING CODE 4165–15–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33100 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES HUMAN SERVICES meetings. The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections Center for Scientific Review; Amended National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Meeting Sciences; Notice of Closed Meeting as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the Notice is hereby given of a change in confidential trade secrets or commercial Federal Advisory Committee Act, as the meeting of the Center for Scientific property such as patentable material, amended (5 U.S.C. Appendix 2), notice and personal information concerning Review Special Emphasis Panel, June is hereby given of the following individuals associated with the grant 12, 2008, 8 a.m. to June 13, 2008, 5 p.m., meeting. Churchill Hotel, 1914 Connecticut applications, the disclosure of which The meeting will be closed to the Avenue, NW., Washington, DC, 20009 would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. which was published in the Federal provisions set forth in sections Register on May 21, 2008, 73 FR 29524– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Heart, Lung, 29525. as amended. The grant applications and and Blood Institute, Special Emphasis Panel, The meeting will be held one day the discussions could disclose Resource Related Research Project (R24). Date: June 25, 2008. only June 13, 2008. The meeting time confidential trade secrets or commercial Time: 1 p.m. to 3 p.m. and location remain the same. The property such as patentable material, Agenda: To review and evaluate grant meeting is closed to the public. and personal information concerning applications. individuals associated with the grant Place: National Institutes of Health, 6701 Dated: June 3, 2008. applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892. Anna Snouffer, would constitute a clearly unwarranted (Telephone Conference Call) Deputy Director, Office of Federal Advisory invasion of personal privacy. Contact Person: Yingying Li-Smerin, MD, Committee Policy. PhD., Scientific Review Officer, Review Name of Committee: Minority Programs [FR Doc. E8–12907 Filed 6–10–08; 8:45 am] Branch/DERA, National Heart, Lung, and Review Committee; Minority Programs Blood Institute, 6701 Rockledge Drive, Room BILLING CODE 4140–01–M Review Subcommittee B. 7184, Bethesda, MD 20892–7924, 301–435– Date: June 30–July 1, 2008. 0277, [email protected]. Time: 8 a.m. to 5 p.m. Name of Committee: National Heart, Lung, DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant and Blood Institute, Special Emphasis Panel, HUMAN SERVICES applications. VAD Technologies Phase II Study. Place: Hyatt Regency Bethesda, One Date: June 26, 2008. National Institutes of Health Bethesda Metro Center, Bethesda, MD 20814. Time: 1 p.m. to 3:30 p.m. Contact Person: Rebecca H. Johnson, PhD., Agenda: To review and evaluate contract Center for Scientific Review; Amended Scientific Review Officer, Office of Scientific proposals. Review, National Institute of General Medical Notice of Meeting Place: National Institutes of Health, 6701 Sciences, National Institutes of Health, Rockledge Drive, Bethesda, MD 20892. Natcher Building, Room 3AN18C, Bethesda, (Telephone Conference Call) Notice is hereby given of a change in MD 20892, 301–594–2771, Contact Person: Youngsuk Oh, PhD., the meeting of the Cardiovascular [email protected]. Scientific Review Officer, Review Branch/ Differentiation and Development Study (Catalogue of Federal Domestic Assistance DERA, National Heart, Lung, and Blood Section, June 12, 2008, 8 a.m. to June Program Nos. 93.375, Minority Biomedical Institute, 6701 Rockledge Drive, Room 7182, 13, 2008, 1 p.m., Holiday Inn Research Support; 93.821, Cell Biology and Bethesda, MD 20892–7924, 301–435–0277, Fisherman’s Wharf, 1300 Columbus Biophysics Research; 93.859, Pharmacology, [email protected]. Physiology, and Biological Chemistry (Catalogue of Federal Domestic Assistance Avenue, San Francisco, CA, 94133 Research; 93.862, Genetics and which was published in the Federal Program Nos. 93.233, National Center for Developmental Biology Research; 93.88, Sleep Disorders Research; 93.837, Heart and Register on April 22, 2008, 73 FR Minority Access to Research Careers; 93.96, Vascular Diseases Research; 93.838, Lung 21636–21639. Special Minority Initiatives, National Diseases Research; 93.839, Blood Diseases The meeting will be held at the Institutes of Health, HHS) and Resources Research, National Institutes Holiday Inn Express Hotel and Suites, Dated: June 3, 2008. of Health, HHS) Fisherman’s Wharf, 550 North Point Anna Snouffer, Dated: June 3, 2008. Street, San Francisco, CA 94133. The Acting Director, Office of Federal Advisory Anna Snouffer, meeting dates and time remain the Committee Policy. Acting Director, Office of Federal Advisory same. The meeting is closed to the [FR Doc. E8–12910 Filed 6–10–08; 8:45 am] Committee Policy. public. BILLING CODE 4140–01–M [FR Doc. E8–12913 Filed 6–10–08; 8:45 am] Dated: June 3, 2008. BILLING CODE 4140–01–M Anna Snouffer, DEPARTMENT OF HEALTH AND Deputy Director, Office of Federal Advisory HUMAN SERVICES DEPARTMENT OF HEALTH AND Committee Policy. HUMAN SERVICES [FR Doc. E8–12908 Filed 6–10–08; 8:45 am] National Institutes of Health National Institutes of Health BILLING CODE 4140–01–M National Heart, Lung, and Blood Institute; Notice of Closed Meetings National Institute on Aging; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33101

amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which the proposed information collection to is hereby given of the following would constitute a clearly unwarranted Chief of Information Services, US–CERT meeting. invasion of personal privacy. Security Operations Center, Mail Stop The meeting will be closed to the Name of Committee: National Institute on 8500, 245 Murray Lane, SW., Building public in accordance with the Alcohol Abuse and Alcoholism, Special 410, Washington, DC 20528, Fax 703– provisions set forth in sections Emphasis Panel, Member Conflict for ZAA1– 235–5042, or e-mail [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., CC–12. FOR FURTHER INFORMATION CONTACT: as amended. The grant applications and Date: June 27, 2008. Chief of Information Services, US–CERT the discussions could disclose Time: 3 p.m. to 5 p.m. Security Operations Center, Mail Stop confidential trade secrets or commercial Agenda: To review and evaluate grant applications. 8500, 245 Murray Lane, SW., Building property such as patentable material, 410, Washington, DC 20528, Fax 703– and personal information concerning Place: Legacy Hotel, 1775 Rockville Pike, Rockville, MD 20852. 235–5042, or e-mail [email protected]. individuals associated with the grant Contact Person: Beata Buzas, PhD., SUPPLEMENTARY INFORMATION: The Office applications, the disclosure of which Scientific Review Administrator, National of Management and Budget is would constitute a clearly unwarranted Institute on Alcohol, Abuse and Alcoholism, particularly interested in comments invasion of personal privacy. National Institutes of Health, 5635 Fishers that: Name of Committee: National Institute on Lane, Rm. 3041, Rockville, MD 20852, 301– 1. Evaluate whether the proposed Aging Special Emphasis Panel; Recovery 443–0800, [email protected]. This notice is being published less than 15 collection of information is necessary From Illness. for the proper performance of the Date: July 15, 2008. days prior to the meeting due to the timing Time: 1 p.m. to 5 p.m. limitations imposed by the review and functions of the agency, including Agenda: To review and evaluate grant funding cycle. whether the information will have applications. (Catalogue of Federal Domestic Assistance practical utility; Place: National Institute on Aging, Program Nos. 93.271, Alcohol Research 2. Evaluate the accuracy of the Gateway, 7201 Wisconsin Avenue Suite Career Development Awards for Scientists agency’s estimate of the burden of the 2C212, Bethesda, MD 20892 (Telephone and Clinicians; 93.272, Alcohol National proposed collection of information, Conference Call). Research Service Awards for Research including the validity of the Contact Person: Alicja L. Markowska, PhD, Training; 93.273, Alcohol Research Programs; DSC, National Institute on Aging, 7201 methodology and assumptions used; 93.891, Alcohol Research Center Grants, 3. Enhance the quality, utility, and Wisconsin Avenue, Suite 2C212, Bethesda, National Institutes of Health, HHS) MD 20892, 301–496–9666, clarity of the information to be markowsania.nih.gov. Dated: June 3, 2008. collected; and This notice is being published less than 15 Anna Snouffer, 4. Minimize the burden of the days prior to the meeting due to the timing Deputy Director, Office of Federal Advisory collection of information on those who limitations imposed by the review and Committee Policy. are to respond, including through the funding cycle. [FR Doc. E8–12914 Filed 6–10–08; 8:45 am] use of appropriate automated, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M electronic, mechanical, or other Program Nos. 93.866, Aging Research, technological collection techniques or National Institutes of Health, HHS) other forms of information technology, Dated: June 3, 2008 DEPARTMENT OF HOMELAND e.g., permitting electronic submissions Anna Snouffer, SECURITY of responses. Acting Director, Office of Federal Advisory Committee Policy. National Protection and Programs Analysis [FR Doc. E8–12911 Filed 6–10–08; 8:45 am] Directorate; Submission for Review: Agency: Department of Homeland BILLING CODE 4140–01–M US–CERT Incident Reporting 1670– Security, National Protection and NEW Programs Directorate, National Cyber Security Division. DEPARTMENT OF HEALTH AND AGENCY: National Protection and Title: US–CERT Incident Reporting. HUMAN SERVICES Programs Directorate, National Cyber OMB Number: 1670–NEW. Security Division, DHS. Frequency: Once. National Institutes of Health ACTION: 60–Day Notice and request for Affected Public: Federal, State, Local, comments. Tribal, Private Sector. National Institute on Alcohol Abuse Number of Respondents: 6000 per and Alcoholism; Notice of Closed SUMMARY: The Department of Homeland year. Meeting Security (DHS) invites the general Estimated Time per Respondent: 20 public and other federal agencies the Pursuant to section 10(d) of the minutes. opportunity to comment on new Federal Advisory Committee Act, as Total Burden Hours: 2000 hours. information collection request 1670– amended (5 U.S.C. Appendix 2), notice Total Burden Cost (capital/startup): NEW, US–CERT Incident Reporting. As is hereby given of the following None. required by the Paperwork Reduction meeting. Total Burden Cost (operating/ The meeting will be closed to the Act of 1995 (Pub. L. 104–13, 44 U.S.C. maintaining): None. public in accordance with the chapter 35), as amended by the Clinger- Description: The Federal Information provisions set forth in sections Cohen Act (Pub. L. 104–106), DHS is Security Management Act of 2002 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., soliciting comments for this collection. requires all federal agencies to report as amended. The grant applications and DATES: Comments are encouraged and security incidents to a federal incident the discussions could disclose will be accepted until August 11, 2008. response center, designated as the confidential trade secrets or commercial This process is conducted in accordance United States Computer Emergency property such as patentable material, with 5 CFR 1320.1. Readiness Team (US–CERT). US–CERT and personal information concerning ADDRESSES: Interested persons are has created a web-based Incident individuals associated with the grant invited to submit written comments on Reporting Form for all federal agencies,

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33102 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

organizations, private and commercial Homeland Security’’ and the docket Federal Emergency Management companies, and individuals to submit number for this action. Comments Agency, Immigration and Customs incidents to US–CERT’s security received will be posted without Enforcement and U.S. Citizenship and operations center. In July of 2006, OMB alteration at http://www.regulations.gov, Immigration Services, will brief the issued Memo M06–19 revising reporting including any personal information members on successes, challenges and procedures to require all federal provided. vulnerabilities affecting the agencies to report all incidents Docket: For access to the docket to component’s mission. The briefings will involving personally identifiable read background documents or include information on sensitive information (PII) to US–CERT within comments received by the HSAC, go to homeland procedures and the one hour of discovering the incident. http://www.regulations.gov. capabilities of the Department of Dated: June 3, 2008. FOR FURTHER INFORMATION CONTACT: Homeland Security components. Matt Coose, Jennifer Myers, Homeland Security Advisory Council, (202) 447–3135, Identification for Services for Acting Chief Information Officer, National Individuals with Disabilities: For Protection and Programs Directorate, [email protected]. information on facilities or services for Department of Homeland Security. SUPPLEMENTARY INFORMATION: Notice of individuals with disabilities, or to [FR Doc. E8–13101 Filed 6–10–08; 8:45 am] this meeting is given under the Federal request special assistance at the BILLING CODE 4410–10–P Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). The HSAC provides meeting, contact Jennifer Myers as soon independent advice to the Secretary of as possible. DEPARTMENT OF HOMELAND the Department of Homeland Security to Basis for Closure: In accordance with SECURITY aid in the creation and expeditious Section 10(d) of the Federal Advisory [Docket No. DHS–2008–0055] implementation of critical and Committee Act, it has been determined actionable policy and operational that this HSAC meeting concerns Homeland Security Advisory Council capacities across the spectrum of matters that ‘‘disclose investigative homeland security operations. The AGENCY: Policy Directorate, DHS. techniques and procedures’’ under 25 HSAC shall periodically report, as U.S.C. 552b(c)(9)(b) and are ‘‘likely to ACTION: Committee Management; Notice appropriate, to the Secretary on matters significantly frustrate implementation of of Partially Closed Federal Advisory within the scope of that function. The Committee Meeting. a proposed agency action’’ within the HSAC serves as an advisory body with meaning of 5 U.S.C. 552b(c)(7)(e) and SUMMARY: The Homeland Security the goal of providing advice upon the that, accordingly, the meeting will be Advisory Council (HSAC) will meet for request of the Secretary. partially closed to the public. purposes of reviewing recommendations Public Attendance: Members of the Release of information presented from the Essential Technology Task public may register to attend the public during the briefings and the nature of Force (ETTF) on June 25, 2008, in session on a first-come, first-served Washington, DC. In addition, the HSAC basis per the procedures that follow. For the discussion could lead to premature will receive briefings from Secretary security reasons, we request that any disclosure of information on Michael Chertoff and other DHS member of the public wishing to attend Department of Homeland Security officials. The meeting will be partially the public session provide his or her full actions that would be ‘‘likely to closed to the public. legal name, date of birth and contact significantly frustrate implementation of DATES: The HSAC will meet June 25, information no later than 5 p.m. EST on a proposed agency action.’’ 2008, from 10 a.m. to 3:30 p.m. The June 18, 2008, to Jennifer Myers or a Additionally, discussion of ongoing meeting will be closed from 10 a.m. to staff member of the HSAC via e-mail at investigations with Department of 11 a.m. and from 12 p.m. to 3:30 p.m. [email protected] or via phone at (202) Homeland Security enforcement 447–3135. Photo identification may be ADDRESSES: The open portion of the components and outside law meeting will be held in Salon II at the required for entry into the public enforcement partners falls within the Ritz-Carlton Hotel located at 1150 22nd session. Registration begins at 10 a.m. meaning of 5 U.S.C. 552b(7)(e) insofar as Street, NW. in Washington, DC. Those attending the public session of they will ‘‘disclose investigative Requests to have written material the meeting must be present and seated techniques and procedures.’’ by 10:45 a.m. From 11 a.m. to 12 p.m., distributed to each member of the Exhibit Open to Public: DHS’ Office of committee prior to the meeting should the HSAC will meet to review and deliberate recommendations from the Public Affairs is hosting an exhibit open reach the contact person at the address to the public to include component below by June 18, 2008. Comments must Essential Technology Task Force display and information stations. Public be identified by DHS–2008–0055 and (ETTF). The ETTF has focused on viewing begins at 10 a.m. and concludes may be submitted by one of the identifying priorities for DHS and following methods: relevant partners to improve acquisition at 1 p.m. • Federal eRulemaking Portal: http:// of large scale technologies. Dated: June 5, 2008. Closed portions of the meeting will www.regulations.gov. Follow the Stewart A. Baker, instructions for submitting comments. include updates on operational • challenges, intelligence briefings, and Assistant Secretary, Office of Policy, E-mail: [email protected]. Include the Department of Homeland Security. docket number in the subject line of the pre-decisional policies. During the [FR Doc. E8–13083 Filed 6–10–08; 8:45 am] message. closed portions of the meeting, speakers • Fax: 202–282–9207. from various DHS components, BILLING CODE 4410–10–P • Mail: Homeland Security Advisory including: Customs and Border Council, c/o Jennifer Myers, 245 Murray Protection, U.S. Secret Service, Office of Drive, SW., Building 410, Mailstop Intelligence and Analysis, Policy 0850, Washington, DC 20528. Directorate, Management Directorate, Instructions: All submissions received the Transportation Security must include the words ‘‘Department of Administration, U.S. Coast Guard,

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33103

DEPARTMENT OF HOMELAND available for inspection or copying at recommend you include your name, SECURITY room W12–140 on the West Building mailing address, an e-mail address, or Ground Floor, 1200 New Jersey Avenue, other contact information in the body of Coast Guard SE., Washington, DC, between 9 a.m. your document so that we can contact and 5 p.m., Monday through Friday, you if we have questions regarding your [USCG–2008–0099] except Federal holidays. You may also submission. You may submit comments Collection of Information under Review find this docket on the Internet at and material by electronic means, mail, by Office of Management and Budget: http://www.regulations.gov. fax, or delivery to the DMF at the OMB Control Numbers: 1625–0109 A copy of the complete ICR is address under ADDRESSES; but please available through this docket on the submit them by only one means. If you AGENCY: Coast Guard, DHS. Internet at http://www.regulations.gov. submit them by mail or delivery, submit ACTION: Thirty-day notice requesting Additionally, copies are available from them in an unbound format, no larger comments. Commandant (CG–611), U.S. Coast than 81⁄2 by 11 inches, suitable for Guard Headquarters (Attn: Mr. Arthur copying and electronic filing. If you SUMMARY: In compliance with the Requina), 2100 2nd Street, SW., submit them by mail and would like to Paperwork Reduction Act of 1995, this Washington, DC 20593–0001. The know that they reached the Facility, request for comments announces that telephone number is 202–475–3523. please enclose a stamped, self-addressed the U.S. Coast Guard is forwarding one FOR FURTHER INFORMATION CONTACT: Mr. postcard or envelope. We will consider Information Collection Request (ICR), Arthur Requina, Office of Information all comments and material received abstracted below, to the Office of Management, telephone 202–475–3523 during the comment period. We may Information and Regulatory Affairs or fax 202–475–3929, for questions on change the documents supporting this (OIRA), Office of Management and these documents. Contact Ms. Renee V. collection of information or even the Budget (OMB) requesting an extension Wright, Program Manager, Docket underlying requirements in view of of its approval for the following Operations, 202–366–9826, for them. The Coast Guard and OIRA will collection of information: 1625–0109, questions on the docket. consider all comments and material Drawbridge Operation Regulations. Our SUPPLEMENTARY INFORMATION: The Coast received during the comment period. ICR describes the information we seek Guard invites comments on whether Viewing comments and documents: to collect from the public. Review and this information collection request Go to http://www.regulations.gov to comments by OIRA ensure we only should be granted based on it being view documents mentioned in this impose paperwork burdens necessary for the proper performance of notice as being available in the docket. commensurate with our performance of Departmental functions. In particular, Enter the docket number [USCG–2008– duties. the Coast Guard would appreciate 0099] in the Search box, and click, DATES: Please submit comments on or comments addressing: (1) The practical ‘‘Go>>.’’ You may also visit the DMF in before July 11, 2008. utility of the collections; (2) the room W12–140 on the West Building ADDRESSES: You may submit comments accuracy of the estimated burden of the Ground Floor, 1200 New Jersey Avenue, identified by Coast Guard docket collections; (3) ways to enhance the SE., Washington, DC, between 9 a.m. number [USCG–2008–0099] to the quality, utility, and clarity of and 5 p.m., Monday through Friday, Docket Management Facility (DMF) at information subject to the collections; except Federal holidays. Privacy Act: Anyone can search the the U.S. Department of Transportation and (4) ways to minimize the burden of electronic form of all comments (DOT) or to OIRA. To avoid duplication, collections on respondents, including received in dockets by the name of the please submit your comments by only the use of automated collection individual submitting the comment (or one of the following means: techniques or other forms of information signing the comment, if submitted on (1) Electronic submission. (a) To Coast technology. Guard docket at http:// Comments to Coast Guard or OIRA behalf of an association, business, labor www.regulation.gov. (b) To OIRA by e- must contain the OMB Control Number union, etc.). You may review the mail to: [email protected]. of the ICR. Comments to Coast Guard Privacy Act Statement of DOT in the (2) Mail or Hand delivery. (a) DMF must contain the docket number of this Federal Register published on April 11, (M–30), DOT, West Building Ground request [USCG–2008–0099]. For your 2000 (65 FR 19477), or by visiting Floor, Room W12–140, 1200 New Jersey comments to OIRA to be considered, it http://DocketsInfo.dot.gov. Avenue, SE., Washington, DC 20590– is best if they are received on or before Previous Request for Comments. 0001. Hand deliver between the hours of the July 11, 2008. This request provides a 30-day 9 a.m. and 5 p.m., Monday through Public participation and request for comment period required by OIRA. The Friday, except Federal holidays. The comments: We encourage you to Coast Guard has published the 60-day telephone number is 202–366–9329. (b) respond to this request by submitting notice (73 FR 12457, March 7, 2008) To OIRA, 725 17th Street, NW., comments and related materials. We required by 44 U.S.C. 3506(c)(2). That Washington, DC 20503, to the attention will post all comments received, notice elicited no comments. of the Desk Officer for the Coast Guard. without change, to http:// (3) Fax. (a) To DMF, 202–493–2251. www.regulations.gov. They will include Information Collection Request. (b) To OIRA at 202–395–6566. To any personal information you provide. Title: Drawbridge Operation ensure your comments are received in We have an agreement with DOT to use Regulations. time, mark the fax to the attention of the their DMF. Please see the paragraph on OMB Control Number: 1625–0109. Desk Officer for the Coast Guard. DOT’s ‘‘Privacy Act Policy’’ below. Type of Request: Extension of The DMF maintains the public docket Submitting comments: If you submit a currently approved collection. for this notice. Comments and material comment, please include the docket Affected Public: The public and received from the public, as well as number [USCG–2008–0099], indicate private owners of bridges over navigable documents mentioned in this notice as the specific section of the document to waters of the United States. being available in the docket, will which each comment applies, providing Abstract: Section 499 of 33 U.S.C. become part of this docket and will be a reason for each comment. We authorizes the Coast Guard to change

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33104 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

operating schedules for drawbridges Docket Management Facility (DMF) at quality, utility, and clarity of that cross over navigable waters of the the U.S. Department of Transportation information subject to the collections; United States. The Bridge (DOT) or to OIRA. To avoid duplication, and (4) ways to minimize the burden of Administration receives approximately please submit your comments by only collections on respondents, including 150 requests from bridge owners or the one of the following means: the use of automated collection general public per year to change (1) Electronic submission. (a) To Coast techniques or other forms of information operating schedules of various Guard docket at http:// technology. drawbridges across the navigable waters www.regulations.gov. (b) To OIRA by e- Comments to Coast Guard or OIRA of the United States. The information mail to: [email protected]. must contain the OMB Control Number needed for the change to an operating (2) Mail or Hand delivery. (a) DMF of the ICR addressed. Comments to schedule can only be obtained from the (M–30), DOT, West Building Ground Coast Guard must contain the docket bridge owner and is generally provided Floor, Room W12–140, 1200 New Jersey number of this request, [USCG 2008– to the Coast Guard in writing. Avenue, SE., Washington, DC 20590– 0052]. For your comments to OIRA to be Burden Estimate: The estimated 0001. Hand deliver between the hours of considered, it is best if they are received burden remains 150 hours a year. 9 a.m. and 5 p.m., Monday through on or before the July 11, 2008 deadline. Authority: The Paperwork Reduction Act Friday, except Federal holidays. The Public participation and request for of 1995; 44 U.S.C. Chapter 35, as amended. telephone number is 202–366–9329. (b) comments: We encourage you to To OIRA, 725 17th Street, NW., Dated: June 3, 2008. respond to this request by submitting Washington, DC 20503, to the attention comments and related materials. We D.T. Glenn, of the Desk Officer for the Coast Guard. will post all comments received, Rear Admiral, U. S. Coast Guard, Assistant (3) Fax. (a) To DMF, 202–493–2251. without change, to http:// Commandant for Command, Control, (b) To OIRA at 202–395–6566. To Communications, Computers and www.regulations.gov. They will include ensure your comments are received in any personal information you provide. Information Technology. time, mark the fax to the attention of Mr. [FR Doc. E8–13104 Filed 6–10–08; 8:45 am] We have an agreement with DOT to use Nathan Lesser, Desk Officer for the their DMF. Please see the paragraph on BILLING CODE 4910–15–P Coast Guard. DOT’s ‘‘Privacy Act Policy’’ below. The DMF maintains the public docket Submitting comments: If you submit a for this notice. Comments and material comment, please include the docket DEPARTMENT OF HOMELAND received from the public, as well as SECURITY number [USCG–2008–0052], indicate documents mentioned in this notice as the specific section of the document to Coast Guard being available in the docket, will which each comment applies, providing become part of this docket and will be a reason for each comment. We [USCG–2008–0052] available for inspection or copying at recommend you include your name, room W12–140 on the West Building mailing address, an e-mail address, or Collection of Information Under Ground Floor, 1200 New Jersey Avenue, Review by Office of Management and other contact information in the body of SE., Washington, DC, between 9 a.m. your document so that we can contact Budget: OMB Control Numbers: 1625- and 5 p.m., Monday through Friday, New you if we have questions regarding your except Federal holidays. You may also submission. You may submit comments AGENCY: Coast Guard, DHS. find this docket on the Internet at and material by electronic means, mail, ACTION: Thirty-day notice requesting http://www.regulations.gov. fax, or delivery to the DMF at the A copy of the complete ICR is comments. address under ADDRESSES; but please available through this docket on the submit them by only one means. If you Internet at http://www.regulations.gov. SUMMARY: In compliance with the submit them by mail or delivery, submit Additionally, copies are available from Paperwork Reduction Act of 1995, this them in an unbound format, no larger Commandant (CG–611), U.S. Coast request for comments announces that than 81⁄2 by 11 inches, suitable for Guard Headquarters, (Attn: Mr. Arthur the U.S. Coast Guard is forwarding one copying and electronic filing. If you Requina), 2100 2nd Street, SW., Information Collection Request (ICR), submit them by mail and would like to Washington, DC 20593–0001. The abstracted below, to the Office of know that they reached the Facility, telephone number is 202–475–3523. Information and Regulatory Affairs please enclose a stamped, self-addressed (OIRA), Office of Management and FOR FURTHER INFORMATION CONTACT: Mr. postcard or envelope. We will consider Budget (OMB) requesting an extension Arthur Requina, Office of Information all comments and material received of their approval for the following Management, telephone 202–475–3523 during the comment period. We may collection of information: 1625-New, or fax 202–475–3929, for questions on change the documents supporting this Proceedings of the Marine Safety and these documents. Contact Ms. Renee V. collection of information or even the Security Council, the Coast Guard Wright, Program Manager, Docket underlying requirements in view of Journal of Safety and Security at Sea; Operations, 202–366–9826, for them. The Coast Guard and OIRA will online subscription request form. Our questions on the docket. consider all comments and material ICR describes the information we seek SUPPLEMENTARY INFORMATION: The Coast received during the comment period. to collect from the public. Review and Guard invites comments on whether Viewing comments and documents: comments by OIRA ensure we only this information collection request Go to http://www.regulations.gov to impose paperwork burdens should be granted based on it being view documents mentioned in this commensurate with our performance of necessary for the proper performance of notice as being available in the docket. duties. Departmental functions. In particular, Enter the docket number [USCG–2008– DATES: Please submit comments on or the Coast Guard would appreciate 0052] in the Search box, and click, before July 11, 2008. comments addressing: (1) The practical ‘‘Go>>.’’ You may also visit the DMF in ADDRESSES: You may submit comments utility of the collections; (2) the room W12–140 on the West Building identified by Coast Guard docket accuracy of the estimated burden of the Ground Floor, 1200 New Jersey Avenue, number [USCG–2008–0052] to the collections; (3) ways to enhance the SE., Washington, DC, between 9 a.m.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33105

and 5 p.m., Monday through Friday, DEPARTMENT OF THE INTERIOR information from public review, we except Federal holidays. cannot guarantee that we will be able to Fish and Wildlife Service Privacy Act: Anyone can search the do so. Please reference permit number electronic form of all comments [FWS–R4–ES–2008–N00135; ABC Code: F2] TE171478–0 and TE176780–0 for Today received in dockets by the name of the Homes Development, Inc. in all requests individual submitting the comment (or Construction of Two Single-Family Homes in Volusia County, FL or comments. Please include your name signing the comment, if submitted on and return address in your e-mail behalf of an association, business, labor AGENCY: Fish and Wildlife Service, message. If you do not receive a union, etc.). You may review the Interior. confirmation from us that we have Privacy Act Statement of DOT in the ACTION: Notice: receipt of application for received your e-mail message, contact Federal Register published on April 11, an incidental take permit; request for us directly at the telephone number 2000 (65 FR 19477), or by visiting comments. listed under FOR FURTHER INFORMATION http://DocketsInfo.dot.gov. CONTACT. SUMMARY: We, the Fish and Wildlife Previous Request for Comments Service (Service), announce the Background availability of two Incidental Take The Florida scrub-jay is found This request provides a 30-day Permit (ITP) Applications and Habitat exclusively in peninsular Florida and is comment period required by OIRA. The Conservation Plans (HCPs). Today restricted to xeric upland communities Coast Guard has published the 60-day Homes Development, Inc. (applicant) (predominately in oak-dominated scrub notice (73 FR 12456, March 7, 2008) requests two ITPs for a 1-year duration with open canopies) of the interior and required by 44 U.S.C. 3506(c)(2). That under the Endangered Species Act of Atlantic coast sand ridges. Increasing notice elicited no comments. 1973, as amended (Act). The applicant urban and agricultural development has Information Collection Request anticipates taking approximately 0.38 resulted in habitat loss and acre of Florida scrub-jay (Alphelocoma fragmentation, which have adversely Title: Proceedings of the Marine coerulescens)-occupied habitat affected the distribution and numbers of Safety and Security Council, the Coast incidental to construction of two single scrub-jays. Remaining habitat is largely Guard Journal of Safety and Security at family homes in Volusia County, degraded due to the exclusion of fire, Sea; online subscription request form. Florida (projects). The applicant’s HCPs which is needed to maintain xeric uplands in conditions suitable for scrub- OMB Control Number: 1625-New. describe the mitigation and minimization measures the applicant jays. The total estimated population is Type of Request: New collection. proposes to address the effects of the between 7,000 and 11,000 individuals. Affected Public: Subscribers to the projects to the scrub-jay. Applicant’s Proposal Proceedings. DATES: We must receive any written The applicant is requesting take of comments on the ITP applications and Abstract: As a service to its potential approximately 0.38 ac of occupied HCPs on or before July 11, 2008. subscribers, Proceedings seeks to add an scrub-jay habitat incidental to the online subscription request form to its ADDRESSES: If you wish to review the projects. Both proposed projects are Web site. Under Title 33 CFR 1.05–5, applications and HCPs, you may write located in Section 09, Township 18, the Marine Safety and Security Council the Field Supervisor at our Jacksonville Range 30, in Orange City, Florida. The is composed of senior Coast Guard Field Office, 6620 Southpoint Drive proposed projects currently include officials and acts as policy advisor to the South, Suite 310, Jacksonville, FL residential construction, including Commandant and is the focal point of 32216, or make an appointment to visit house pad, infrastructure, and the Coast Guard regulatory system. The during normal business hours. If you landscaping. The applicant proposes to principal objective of Proceedings of the wish to comment, you may mail or hand mitigate for the take of the Florida Marine Safety and Security Council, the deliver comments to the Jacksonville scrub-jay at a ratio of 2:1 based on Field Office, or you may e-mail Coast Guard Journal of Safety and Service Mitigation Guidelines. The comments to [email protected]. For Security at Sea is to inform the maritime applicant proposes to mitigate for the more information on reviewing loss of 0.38 ac of occupied scrub-jay industry it serves about the Coast documents and public comments and Guard’s operations and marine safety, habitat by contributing a total of submitting comments, see $20,589.92 to the Florida Scrub-jay security, environmental protection SUPPLEMENTARY INFORMATION. policies, regulations, and program goals. Conservation Fund administered by The FOR FURTHER INFORMATION CONTACT: Nature Conservancy. Funds in this Burden Estimate: The estimated Paula Sisson, Fish and Wildlife account are earmarked for use in the burden is 415 hours annually. Biologist, Jacksonville Field Office (see conservation and recovery of scrub-jays Authority: The Paperwork Reduction Act ADDRESSES); telephone: 904/232–2580, and may include habitat acquisition, of 1995; 44 U.S.C. Chapter 35, as amended. ext. 126. restoration, and/or management. As SUPPLEMENTARY INFORMATION: minimization for impacts to the species, Dated: June 3, 2008. clearing activities during project Public Availability of Comments D.T. Glenn, construction will occur outside the Rear Admiral, U.S. Coast Guard, Assistant Before including your address, phone scrub-jay nesting season (March 1—June Commandant for Command, Control, number, e-mail address, or other 30). Communications, Computers and personal identifying information in your We have determined that the Information Technology. comment, you should be aware that applicant’s proposal, including the [FR Doc. E8–13117 Filed 6–10–08; 8:45 am] your entire comment—including your proposed mitigation and minimization BILLING CODE 4910–15–P personal identifying information—may measures, would have minor or be made publicly available at any time. negligible effects on the species covered While you can ask us in your comment in the HCPs. Therefore, the ITPs are to withhold your personal identifying ‘‘low-effect’’ projects and qualify for

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33106 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

categorical exclusions under the Secs. 32 and 33. DEPARTMENT OF THE INTERIOR National Environmental Policy Act Containing approximately 1,231 acres. (NEPA), as provided by the Department T. 23 N., R. 6 E., Bureau of Land Management of the Interior Manual (516 DM 2 Secs. 2, 3, and 4. [OR–957–6333–PH: HAG08–0115] Appendix 1 and 516 DM 6 Appendix 1). Containing approximately 1,920 acres. This preliminary information may be T. 21 N., R. 7 E., Filing of Plats of Survey: Oregon/ revised based on our review of public Secs. 10 and 15. Washington comments that we receive in response to Containing approximately 1,280 acres. this notice. A low-effect HCP is one AGENCY: U.S. Department of the Interior, T. 22 N., R. 7 E., Bureau of Land Management. involving (1) minor or negligible effects 1 Sec. 3, NW ⁄4. ACTION: Notice. on federally listed or candidate species Containing approximately 140 acres. and their habitats, and (2) minor or SUMMARY: The plats of survey of the negligible effects on other T. 23 N., R. 7 E., 1 following described lands were Sec. 34, excluding NW ⁄4 and Native environmental values or resources. officially filed in the Bureau of Land We will evaluate the HCPs and Allotment Application AA–83921. Containing approximately 324 acres. Management Oregon/Washington State comments submitted thereon to Office, Portland, Oregon, on March 21, determine whether the applications Aggregating approximately 6,155 acres. 2008. meet the requirements of section 10(a) of the Act (16 U.S.C. 1531 et seq.). If we The subsurface estate in these lands Willamette Meridian determine that the applications meet will be conveyed to Doyon, Limited Washington those requirements, we will issue the when the surface estate is conveyed to T. 37 N., R. 17 E., accepted January 30, 2008. ITPs for incidental take of the scrub-jay. Dot Lake Native Corporation. Notice of T. 38 N., R. 17 E., accepted January 30, 2008. We will also evaluate whether issuance the decision will also be published four T. 34 N., R. 2 E., accepted February 29, 2008. of the section 10(a)(1)(B) ITPs comply times in the Fairbanks Daily News- Oregon with section 7 of the Act by conducting Miner. an intra-Service section 7 consultation. T.29 S., Rs. 7 & 8 W., accepted February 8, 2008. DATES: The time limits for filing an We will use the results of this T. 23 S., R. 4 W., accepted February 8, 2008. consultation, in combination with the appeal are: T. 32 S., R. 6 W., accepted February 29, 2008. above findings, in the final analysis to 1. Any party claiming a property The plats of survey of the following determine whether or not to issue the interest which is adversely affected by described lands were officially filed in the ITPs. the decision shall have until July 11, Bureau of Land Management Oregon/ Authority: We provide this notice under 2008 to file an appeal. Washington State Office, Portland, Oregon, Section 10 of the Act and NEPA regulations on April 24, 2008. 2. Parties receiving service of the (40 CFR 1506.6). Willamette Meridian decision by certified mail shall have 30 Dated: June 2, 2008. days from the date of receipt to file an Washington David L. Hankla, appeal. T. 21 N., R. 4 W., accepted March 21, 2008. Field Supervisor, Jacksonville Field Office. Parties who do not file an appeal in Oregon [FR Doc. E8–13045 Filed 6–10–08; 8:45 am] accordance with the requirements of 43 T. 8 N., R. 10 W., accepted March 21, 2008. BILLING CODE 4310–55–P CFR part 4, Subpart E, shall be deemed T. 7 & 8 N., R. 10 W., accepted March 21, to have waived their rights. 2008. T. 2 S., R. 6 W., accepted March 28, 2008. DEPARTMENT OF THE INTERIOR ADDRESSES: A copy of the decision may T. 6 S., R. 2 E., accepted March 28, 2008. be obtained from: Bureau of Land T. 6 S., R. 4 E., accepted March 28, 2008. Bureau of Land Management Management, Alaska State Office, 222 T. 10 S., R. 2 E., accepted March 28, 2008. West Seventh Avenue, #13, Anchorage, T. 14 S., R. 7 W., accepted March 28, 2008. [F–14852–A, F–14852–B; AK–964–1410–KC– T. 37 S., R. 1 W., accepted March 28, 2008. P] Alaska 99513–7504. T. 38 S., R. 2 E., accepted March 28, 2008. FOR FURTHER INFORMATION CONTACT: The T. 38 S., R. 5 E., accepted March 28, 2008. Alaska Native Claims Selection T. 9 S., R. 7 W., accepted March 31, 2008. Bureau of Land Management by phone AGENCY: Bureau of Land Management, at 907–271–5960, or by e-mail at The plats of survey of the following Interior. described lands were officially filed in the [email protected]. Persons Bureau of Land Management Oregon/ ACTION: Notice of decision approving who use a telecommunication device Washington State Office, Portland, Oregon, lands for conveyance. (TTD) may call the Federal Information on May 20, 2008. Relay Service (FIRS) at 1–800–877– SUMMARY: As required by 43 CFR Willamette Meridian 2650.7(d), notice is hereby given that an 8330, 24 hours a day, seven days a week, to contact the Bureau of Land Washington appealable decision approving lands for T. 36 N., R. 25 E., accepted May 5, 2008. conveyance pursuant to the Alaska Management. Oregon Native Claims Settlement Act will be Jason Robinson, issued to Dot Lake Native Corporation. T. 17 S., R. 7 W., accepted April 4, 2008. Land Law Examiner, Land Transfer T. 15 S., R. 6 W., accepted April 4, 2008. The lands are in the vicinity of Dot Adjudication I. Lake, Alaska, and are located in: T. 16 S., R. 1 W., accepted April 4, 2008. [FR Doc. E8–13054 Filed 6–10–08; 8:45 am] T. 16 S., R. 2 W., accepted April 4, 2008. Copper River Meridian, Alaska BILLING CODE 4310–JA–P T. 16 S., R. 7 W., accepted April 4, 2008. T. 29 S., R. 8 W., accepted April 7, 2008. T. 23 N., R. 5 E., T. 16 S., R. 1 W., accepted April 17, 2008. Secs. 28 and 33. T. 33 S., R. 10 W., accepted May 5, 2008. Containing approximately 1,260 acres. A copy of the plats may be obtained from T. 24 N., R. 5 E., the Land Office at the Oregon/Washington

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33107

State Office, Bureau of Land Management, W., accepted January 31, 2008, for A person or party who wishes to 333 SW., 1st Avenue, Portland, Oregon Group 1064 NM. protest against any of these surveys 97204, upon required payment. A person or The plat in two sheets representing must file a written protest with the New party who wishes to protest against a survey the Toadlena School Tract, for T. 23 N., must file a notice that they wish to protest Mexico State Director, Bureau of Land (at the above address) with the Oregon/ R. 19 W., accepted February 19, 2008, Management, stating that they wish to Washington State Director, Bureau of Land for Group 1025 NM. protest. Management, Portland, Oregon. The plat representing the dependent A statement of reasons for a protest FOR FURTHER INFORMATION CONTACT: resurvey and survey, for T. 17 S., R. 25 may be filed with the notice of protest Chief, Branch of Geographic Sciences, E., accepted April 2, 2008, for Group to the State Director, or the statement of Bureau of Land Management, (333 S.W. 1074 NM. reasons must be filed with the State The plat in three sheets representing 1st Avenue) P.O. Box 2965, Portland, Director within thirty days after the the dependent resurvey, subdivision of Oregon 97208. protest is filed. sections and metes-and-bounds survey Dated: May 29, 2008. FOR FURTHER INFORMATION CONTACT: for T. 15 N., R. 17 W., accepted January These plats will be available for Fred O’Ferrall, 24, 2008, for Group 1054 NM. inspection in the New Mexico State Branch of Lands and Minerals Resources. The plat in four sheets representing a Office, Bureau of Land Management, metes-and-bounds survey for the Town [FR Doc. E8–13105 Filed 6–10–08; 8:45 am] and P.O. Box 27115, Santa Fe, New of Alameda Grant accepted March 12, BILLING CODE 4310–33–P Mexico 87502–0115. Copies may be 2008, for Group 1003 NM. The plat in two sheets representing obtained from this office upon payment of $1.10 per sheet. DEPARTMENT OF THE INTERIOR the dependent resurvey and survey, T. 12 N., R. 7 E., accepted April 24, 2008, Dated: June 3, 2008. Bureau of Land Management for Group 1046 NM. Robert A. Casias, [NM–940–08–1420–BJ] Indian Meridian, Oklahoma Branch Chief Cadastral Surveyor, New Mexico. Notice of Filing of Plats of Survey; New The supplemental plat representing T. [FR Doc. E8–13126 Filed 6–10–08; 8:45 am] Mexico 10 N., R. 23 E., accepted January 31, BILLING CODE 4310–FM–P 2008, OK. AGENCY: Bureau of Land Management, The plat representing the dependent Interior. resurvey and subdivision for T. 2 S., R. DEPARTMENT OF THE INTERIOR ACTION: Notice. 16 W., accepted January 17, 2008, for Group 149 OK. Bureau of Land Management SUMMARY: The plats of survey described The plat representing the dependent below are scheduled to be officially resurvey and subdivision of section 34 [CO–922–08–1310–FI; COC68787] filed in the New Mexico State Office, for T. 8 N., R. 10 W., accepted February Bureau of Land Management, Santa Fe, Notice of Proposed Reinstatement of 19, 2008, for Group 170 OK. Terminated Oil and Gas Lease New Mexico, thirty (30) calendar days The plat representing the dependent from the date of this publication. resurvey and subdivision of section 13 AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: for T. 1 S., R. 2 W., accepted January 16, Interior. 2008, for Group 171 OK. ACTION: Notice of Proposed New Mexico Principal Meridian, New The supplemental plat representing T. Mexico Reinstatement of Terminated Oil and 10 N., R. 27 E., accepted March 12, Gas Lease. The plat representing the dependent 2008, in two sheets for OK. resurvey and Metes-and-Bounds survey The plat representing the dependent SUMMARY: Under the provisions of 30 for section 35 for T. 11 N., R. 16 W., resurvey for T. 2 N., R. 11 W., accepted U.S.C. 188(d) and (e), and 43 CFR accepted January 31, 2008, for Group April 4, 2008, for Group 163 OK. 3108.2–3(a) and (b)(1), the Bureau of 1061 NM. The supplemental plat in two sheets Land Management (BLM) received a The plat representing the dependent representing T. 11 N., R. 27 E accepted petition for reinstatement of oil and gas resurvey and subdivision of sections for March 12, 2008, OK. lease COC68787 from Gunnison Energy T. 10 N., R. 1 W., accepted January 17, The plat representing the dependent Corp., and SG Interests VII, LTD, for 2008, for Group 1052 NM. resurvey and survey, for T. 14 N., R. 13 lands in Gunnison County, Colorado. The plat representing the dependent W., accepted April 2, 2008, for Group The petition was filed on time and was resurvey for T. 9 N., R. 1 W., accepted 153 OK. accompanied by all the rentals due January 17, 2008, for Group 1052 NM. The supplemental plat representing T. since the date the lease terminated The plat in nineteen sheets 10 N., R. 23 E. accepted April 24, 2008, under the law. representing the dependent resurvey OK. FOR FURTHER INFORMATION CONTACT: and subdivision of sections and Texas Bureau of Land Management, Milada meanders of the San Juan River for T. Krasilinec, Land Law Examiner, Branch 29 N., R. 16 W., accepted February 19, The plat representing the Kickapoo Traditional tribe of Texas Reservation of Fluid Minerals Adjudication, at 2008, for Group 1037 NM. 303.239.3767. The plat representing the dependent Boundary, Maverick County, Texas, resurvey for T. 11 N., R. 1 W., accepted metes and bounds Survey accepted SUPPLEMENTARY INFORMATION: The lessee January 17, 2008, for Group 1052 NM. March 10, 2008 for Group 9 TX. has agreed to the amended lease terms The plat in three sheets representing If a protest against a survey, as shown for rentals and royalties at rates of the dependent resurvey, corrective on any of the above plats is received $10.00 per acre or fraction thereof, per resurvey and survey for T. 9 N., R. 17 prior to the date of official filing, the year and 162⁄3 percent, respectively. The E., accepted January 29, 2008, for Group filing will be stayed pending lessee has paid the required $500 907 NM. consideration of the protest. A plat will administrative fee and $163 to The plat representing the dependent not be officially filed until the day after reimburse the Department for the cost of resurvey and survey, for T. 21 N., R. 1 all protests have been dismissed. this Federal Register notice. The lessees

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33108 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

have met all the requirements for increased rental and royalty rates cited DEPARTMENT OF THE INTERIOR reinstatement of the lease as set out in above. Bureau of Land Management Section 31(d) and (e) of the Mineral Dated: June 6, 2008. Lands Leasing Act of 1920 (30 U.S.C. Milada Krasilinec, [CO–922–08–1310–FI; COC68789] 188), and the Bureau of Land Land Law Examiner. Management is proposing to reinstate Notice of Proposed Reinstatement of [FR Doc. E8–13119 Filed 6–10–08; 8:45 am] lease COC68787 effective February 1, Terminated Oil and Gas Lease 2008, under the original terms and BILLING CODE 4310–JB–P conditions of the lease and the AGENCY: Bureau of Land Management, increased rental and royalty rates cited Interior. DEPARTMENT OF THE INTERIOR above. ACTION: Notice of Proposed Reinstatement of Terminated Oil and Dated: June 6, 2008. Bureau of Land Management Gas Lease. Milada Krasilinec, Land Law Examiner. [CO–922–08–1310–FI; COC68790] SUMMARY: Under the provisions of 30 [FR Doc. E8–13115 Filed 6–10–08; 8:45 am] U.S.C. 188(d) and (e), and 43 CFR BILLING CODE 4310–JB–P Notice of Proposed Reinstatement of 3108.2–3(a) and (b)(1), the Bureau of Terminated Oil and Gas Lease Land Management (BLM) received a petition for reinstatement of oil and gas DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, lease COC68789 from Gunnison Energy Interior. Corp., and SG Interests VII, LTD, for Bureau of Land Management ACTION: Notice of Proposed lands in Gunnison County, Colorado. Reinstatement of Terminated Oil and The petition was filed on time and was [CO–922–08–1310–FI; COC68791] Gas Lease. accompanied by all the rentals due since the date the lease terminated Notice of Proposed Reinstatement of SUMMARY: Under the provisions of 30 under the law. Terminated Oil and Gas Lease U.S.C. 188(d) and (e), and 43 CFR FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of Land Management, 3108.2–3(a) and (b)(1), the Bureau of Bureau of Land Management, Milada Interior. Land Management (BLM) received a Krasilinec, Land Law Examiner, Branch ACTION: Notice of Proposed petition for reinstatement of oil and gas of Fluid Minerals Adjudication, at Reinstatement of Terminated Oil and lease COC68790 from Gunnison Energy 303.239.3767. Corp., and SG Interests VII, LTD, for Gas Lease. SUPPLEMENTARY INFORMATION: lands in Gunnison County, Colorado. The lessee has agreed to the amended lease terms SUMMARY: Under the provisions of 30 The petition was filed on time and was for rentals and royalties at rates of U.S.C. 188(d) and (e), and 43 CFR accompanied by all the rentals due $10.00 per acre or fraction thereof, per 3108.2–3(a) and (b)(1), the Bureau of since the date the lease terminated year and 162⁄3 percent, respectively. The Land Management (BLM) received a under the law. lessee has paid the required $500 petition for reinstatement of oil and gas FOR FURTHER INFORMATION CONTACT: administrative fee and $163 to lease COC68791 from Gunnison Energy Bureau of Land Management, Milada reimburse the Department for the cost of Corp., and SG Interests VII, LTD, for Krasilinec, Land Law Examiner, Branch this Federal Register notice. The lessees lands in Gunnison County, Colorado. of Fluid Minerals Adjudication, at have met all the requirements for The petition was filed on time and was 303.239.3767. reinstatement of the lease as set out in accompanied by all the rentals due Section 31(d) and (e) of the Mineral since the date the lease terminated SUPPLEMENTARY INFORMATION: The lessee Lands Leasing Act of 1920 (30 U.S.C. under the law. has agreed to the amended lease terms for rentals and royalties at rates of 188), and the Bureau of Land FOR FURTHER INFORMATION CONTACT: Management is proposing to reinstate Bureau of Land Management, Milada $10.00 per acre or fraction thereof, per 2 lease COC68789 effective February 1, Krasilinec, Land Law Examiner, Branch year and 16 ⁄3 percent, respectively. The lessee has paid the required $500 2008, under the original terms and of Fluid Minerals Adjudication, at conditions of the lease and the 303.239.3767. administrative fee and $163 to reimburse the Department for the cost of increased rental and royalty rates cited SUPPLEMENTARY INFORMATION: The lessee this Federal Register notice. The lessees above. has agreed to the amended lease terms have met all the requirements for Dated: June 6, 2008. for rentals and royalties at rates of reinstatement of the lease as set out in Milada Krasilinec, $10.00 per acre or fraction thereof, per Section 31(d) and (e) of the Mineral Land Law Examiner. year and 162⁄3 percent, respectively. The Lands Leasing Act of 1920 (30 U.S.C. [FR Doc. E8–13121 Filed 6–10–08; 8:45 am] lessee has paid the required $500 188), and the Bureau of Land BILLING CODE 4310–JB–P administrative fee and $163 to Management is proposing to reinstate reimburse the Department for the cost of lease COC68790 effective February 1, this Federal Register notice. The lessees 2008, under the original terms and DEPARTMENT OF THE INTERIOR have met all the requirements for conditions of the lease and the reinstatement of the lease as set out in increased rental and royalty rates cited Bureau of Land Management Section 31(d) and (e) of the Mineral above. Lands Leasing Act of 1920 (30 U.S.C. [CO–922–08–1310–FI; COC68788] 188), and the Bureau of Land Dated: June 6, 2008. Milada Krasilinec, Notice of Proposed Reinstatement of Management is proposing to reinstate Terminated Oil and Gas Lease lease COC68791 effective February 1, Land Law Examiner. 2008, under the original terms and [FR Doc. E8–13120 Filed 6–10–08; 8:45 am] AGENCY: Bureau of Land Management, conditions of the lease and the BILLING CODE 4310–JB–P Interior.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33109

ACTION: Notice of Proposed Management (BLM) located in Boise The camping restriction is necessary Reinstatement of Terminated Oil and Meridian. to: Gas Lease. T.50 N., R. 2 W., (1) Protect public health and safety; (2) Protect persons, property, public Sec. 31, lots 5, 6, 7, 8, E1⁄2NE1⁄4SW1⁄4. SUMMARY: Under the provisions of 30 T. 50 N., R. 3 W., land and resources from vandalism and U.S.C. 188(d) and (e), and 43 CFR Sec. 26, portion of SW lying S & W of other damage; 3108.2–3(a) and (b)(1), the Bureau of Sunnyside Road; (3) Protect water quality from Land Management (BLM) received a Sec. 35, portion of lots 1, 2, 7, lots 4, 5, 6, improper disposal of human waste; petition for reinstatement of oil and gas N1⁄2NW1⁄4, W1⁄2NE1⁄4. (4) Prevent proliferation of illegal lease COC68788 from Gunnison Energy T. 49 N., R. 2 W., campfires; and Corp., and SG Interests VII, LTD, for Sec. 6, lot 4. (5) Prevent other activities which are lands in Gunnison County, Colorado. T. 49 N., R. 3 W., illegal under state or Federal The petition was filed on time and was Sec. 1, portion of lots 1, 2, 5, 6. regulations, or both. accompanied by all the rentals due All are contiguous lands in Kootenai These restrictions do not apply to: since the date the lease terminated County, Idaho. (1) Any Federal, state or local under the law. The area described above is hereby government officer or member of an organized rescue or fire fighting force FOR FURTHER INFORMATION CONTACT: closed to public occupancy and use while in the performance of an official Bureau of Land Management, Milada daily, beginning one hour after sunset and continuing until one hour before duty; Krasilinec, Land Law Examiner, Branch (2) Any Bureau of Land Management of Fluid Minerals Adjudication, at sunrise. A map depicting the restricted area is available for public inspection at employee, agent, contractor, or 303.239.3767. cooperator while in the performance of the Bureau of Land Management, Coeur an official duty; and SUPPLEMENTARY INFORMATION: The lessee d’Alene Field Office, 3815 Schreiber (3) Any person or group expressly has agreed to the amended lease terms Way, Coeur d’Alene, Idaho. These for rentals and royalties at rates of authorized by the BLM to use the restrictions become effective subject public land. $10.00 per acre or fraction thereof, per immediately and shall remain in effect year and 16 2⁄3 percent, respectively. Penalties. Any person failing to until revoked or replaced with comply with the closure orders may be The lessee has paid the required $500 supplemental rules, or both. administrative fee and $163 to subject to imprisonment for not more FOR FURTHER INFORMATION CONTACT: reimburse the Department for the cost of than 12 months, or a fine in accordance Brian White at the BLM Coeur d’Alene this Federal Register notice. The lessees with the applicable provisions of 18 Field Office, 3815 Schreiber Way, Coeur have met all the requirements for U.S.C. 3571, or both. d’Alene, ID 83815 or call (208) 769– reinstatement of the lease as set out in Dated: April 23, 2008. 5031 or via e-mail at Section 31(d) and (e) of the Mineral Eric R. Thomson, [email protected]. Lands Leasing Act of 1920 (30 U.S.C. Coeur d’Alene Field Manager. 188), and the Bureau of Land SUPPLEMENTARY INFORMATION: The [FR Doc. E8–13106 Filed 6–10–08; 8:45 am] Management is proposing to reinstate authority for establishing these BILLING CODE 4310–GG–P lease COC68788 effective February 1, restrictions is 43 CFR 8364.1. 2008, under the original terms and The 2007 Coeur d’Alene Resource conditions of the lease and the Management Plan (Action RC–1.2.6, p. DEPARTMENT OF THE INTERIOR increased rental and royalty rates cited 47) calls for ‘‘establishing additional above. rules as needed in response to changing National Park Service Dated: June 6, 2008. situations’’ under Objective RC–1.2. This objective applies specifically to Coastal Wetlands Restoration at Milada Krasilinec, recreation sites within the Coeur Prisoners Harbor, Santa Cruz Island, Land Law Examiner. d’Alene Lake Special Recreation Channel Islands National Park, Santa [FR Doc. E8–13124 Filed 6–10–08; 8:45 am] Management Area (SRMA). The subject Barbara County, CA; Notice of Intent to BILLING CODE 4310–JB–P public lands are entirely within this Prepare an Environmental Impact SRMA. Statement The BLM initiated a public DEPARTMENT OF THE INTERIOR Summary: The National Park Service, participation process last year to get in accordance with the provisions of the Bureau of Land Management ideas and comments from the public National Environmental Policy Act (42 about future management of this area. U.S.C. 4321 et seq. ), will prepare an Three public workshops were held, [ID–410–1232–IA–ID27–241A, DEG080003] Environmental Impact Statement (EIS) including one on-site, which generated to consider suitable means for Notice of Restriction Order No. ID– significant public interest. Area restoration of a wetland and stream 410–03, Wallace Forest Conservation residents complained of loud parties, corridor at Prisoners Harbor and lower Area; Idaho bonfires, and lewd activities visible Canada del Puerto drainage on Santa from their homes. Other participants Cruz Island, Santa Barbara County, AGENCY: Bureau of Land Management, and the vast majority of public California. The Prisoners Harbor area is Interior. comments did not support overnight use part of Channel Islands National Park ACTION: Notice of Restriction. or camping within the area. managed by the National Park Service Supplementary rules will be (NPS). The EIS will analyze alternatives SUMMARY: This restriction order published according to decisions made for ecological restoration of the wetland prohibits overnight camping by any within the Environmental Assessment and lower stream corridor, ensuring person or groups of persons within the and Recreation Project Plan for the public access, and protecting cultural Wallace Forest Conservation Area Wallace Forest Conservation Area, and historical resources. described as all public lands which are expected to be completed in Background: Channel Islands administered by the Bureau of Land 2008. National Park is headquartered in

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33110 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Ventura, California. Congress • Consistent with restoring functional Carrie Stanton’s conversion to a cattle established the park ‘‘[i]n order to ecosystems, recreate and maintain operation. The corrals are considered a protect the nationally significant habitat adequate to support populations ‘‘small scale feature’’ in the 2004 natural, scenic, wildlife, marine, of special status species, passerine Cultural Landscape Inventory and ecological, archeological, cultural, and birds, and migratory waterfowl. deemed to be a contributing element to scientific values of the Channel Islands’’ • Develop a restoration design that the eligibility of the Santa Cruz Island (Pub. L. 96–199). The park proposes to identifies and, to the extent possible, Ranching District to the National restore a functional, self-sustaining mitigates factors that reduce the site’s Register of Historic Places. The park has ecosystem at a former 9-acre backbarrier full restoration potential. acknowledged this concern and will • coastal wetland site known as Prisoners Protect archaeological resources work with the State Historic Harbor and an associated 40-acre stream from erosion during both normal and Preservation Office in developing flood conditions. mitigation measures common to all corridor in the lower Canada del Puerto • watershed on Santa Cruz Island. The Provide access to the Central Valley alternatives or safeguards specific to a proposed wetland restoration site inland from the affected area, NPS particular alternative if necessary. Other includes what was once the largest property east of Prisoners Harbor, and issues or concerns known at this time backbarrier coastal wetland on the Nature Conservancy inholdings on NPS include potential effects upon: Channel Islands. The wetland and property upstream from the area of Threatened and endangered species stream corridor have been extensively potential effect. protected under the federal and state • Reduce risk of exposure to flooding modified over the past 150 years by Endangered Species Acts, floodplain that could damage the roadway and filling of wetlands, intentional planting and stream corridor, native flora and historic buildings. and accidental introduction of non- • fauna; historic and archeological Provide visitor access and resource resources, land use, and opportunities native vegetation such as stone pines, interpretation that are compatible with eucalyptus, and kikuyu grass in the for and constraints on public use. protection of resources. Public Scoping and Comment Process: area, and construction of a levee, • Enhance visitor knowledge and buildings, corral, and unsurfaced roads. Notice is hereby given that the final understanding of the prehistory, recent public scoping phase is underway, with These modifications to the creek and human history, and natural history of floodplain have altered channel the express purpose of eliciting the Prisoners Harbor area. additional public comment regarding a hydraulics, resulting in reduced Channel Islands National Park seeks ecosystem function, and contributed to suitable range of alternatives, the nature public input to assist with identifying and extent of potential environmental the estimated 95% decline of issues and developing a suitable range California’s wetlands statewide. impacts and benefits, and appropriate of alternatives for restoration of the mitigation strategies that should be The loss of natural wetland and lower Canada del Puerto watershed and addressed in the forthcoming riparian ecosystems in the Prisoners Prisoners Harbor wetlands area. conservation planning and Harbor area has resulted in locally Restoration methods could include environmental impact analysis process. diminished habitat for federally listed topographic alterations aimed at For those who have commented Santa Cruz Island barberry, Santa Cruz recovering natural hydrologic and previously, it is not necessary to re- Island silver lotus, Santa Cruz Island ecological processes. These potential submit comments. Federal, state, and gooseberry, endemic Santa Cruz Island alterations could change the current local agencies, Tribes, and interested scrub jay, Santa Cruz Island deer mouse, hydrologic regime within the proposed organizations are also encouraged to the rare Channel Islands slender project area, leading to either participate in the scoping process. salamander, western harvest mouse, resumption of seasonal flooding of a Whether California state or local loggerhead shrike, other passerine birds, fully restored wetland/floodplain or involvement in the environmental and migratory waterfowl. Proliferation limited flooding of a partially restored impact analysis process is necessary is of non-native eucalyptus trees in the wetland/floodplain. A ‘‘no-action’’ yet to be determined. If an riparian corridor has severely reduced alternative, entailing no changes in environmental clearance document is plant and wildlife-diversity and current hydrologic regime, will also be required under the California negatively affected habitat for species of assessed. An archeological site and Environmental Quality Act (CEQA), the special concern and passerine birds. some historic structures are located NPS will coordinate the NEPA/CEQA Preliminary Alternatives and within the area of potential effect. Any process with the designated state agency Environmental Issues: The park restoration actions undertaken would be (or agencies). proposes to restore wetland and riparian designed to ensure flood risks to the A timely opportunity to learn more ecosystem function by removing fill archeological site and historic resources about the proposed restoration and from the historic wetland, reconnecting will not be aggravated beyond current provide information is a public meeting the Canada del Puerto stream with its conditions and that influence of non- to be held during summer 2008. floodplain, removing non-native native species, including eucalyptus, on Information expected to be provided at eucalyptus and other vegetation in the a restored ecosystem dominated by the public meeting includes the history lower drainage, and recreating habitat native species is reduced. As part of the of the Prisoners Harbor/Canada del for special status species (both flora and effort to develop preliminary Puerto area, purpose and need for the fauna), passerine birds, and migratory alternatives, the NPS will explore proposed restoration, opportunities and waterfowl. Additionally the project options for improved public access and constraints in developing the restoration proposes to protect significant cultural enhacing educational opportunities design, potential alternative courses of resources, and provide for an enhanced consistent with ecosystem restoration. action with regards to restoration, visitor experience. A successful project Preliminary public outreach was potential effects of these courses of would meet the following goals: initiated by the park in 2007. Concern action, and appropriate strategies for • Restore functional wetland and was expressed about the possibility of mitigation and monitoring. All riparian ecosystems and reduce the removing cattle corrals constructed on interested individuals, organizations, impact of non-native species on local filled coastal wetland. The corrals were and agencies are encouraged to provide biological diversity. built in the 1950’s as part of rancher comments or suggestions. For those

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33111

persons unable to attend the meeting, DEPARTMENT OF THE INTERIOR 11989 in 1977, states that Federal information about the project will be agencies allowing ORV use must available at http://parkplanning.nps.gov National Park Service designate the specific areas and trails on or by contacting the park as noted public lands on which the use of ORVs Off-Road Vehicle Management Plan below. may be permitted, and areas in which (ORV Management Plan), the use of ORVs may not be permitted. All written scoping comments must Environmental Impact Statement (EIS), Agency regulations to authorize ORV be postmarked or transmitted not later Lake Meredith National Recreation use provide that designation of such than 45 days following publication of Area, Texas areas and trails will be based upon the this notice in the Federal Register AGENCY: National Park Service, protection of the resources of the public (immediately upon publication of this Department of the Interior. lands, promotion of the safety of all notice, the confirmed deadline for ACTION: Notice of Intent To Prepare an users of those lands, and minimization comments to be submitted will be Environmental Impact Statement (EIS) of conflicts among the various uses of posted on the park Web site). Before for an Off-Road Vehicle Management those lands. Executive Order 11644 was including your address, phone number, Plan (ORV Management Plan) for Lake issued in response to the widespread e-mail address, or other personal Meredith National Recreation Area, and rapidly increasing use of ORVs on identifying information in your Texas. the public lands—‘‘often for legitimate comment, you should be aware that purposes but also in frequent conflict your entire comment—including your SUMMARY: Pursuant to the National with wise land and resource personal identifying information—may Environmental Act of 1969, 42 U.S.C. management practices, environmental be made publicly available at any time. 4332(2)(C), the National Park Service is values, and other types of recreational While you can ask us in your comment preparing an Environmental Impact activity.’’ Code of Federal Regulations to withhold your personal identifying Statement for an Off-Road Vehicle (CFR) 36 § 4.10 requires that ‘‘Routes information from public review, we Management Plan (ORV Management and areas designated for off-road motor cannot guarantee that we will be able to Plan) for Lake Meredith National vehicle use shall be promulgated as Recreation Area, Texas. This effort will do so. To provide comments or special regulations.’’ ‘‘In addition, such result in an ORV Management Plan/EIS information pertinent to the proposal, routes and areas may only be designated that will be used to guide the in national recreation areas, national inquire about the public meeting, or to management and control of ORVs at the request a printed copy of the scoping seashores, national lakeshores and Recreation Area for approximately the national preserves.’’ Therefore, in document, please contact Paula Power, next 15 to 20 years. It will also form the Channel Islands National Park, Attn: accordance with the Executive Order, basis for a special regulation that will the purpose of this plan/EIS is to Prisoners Harbor Coastal Wetland regulate ORV use at the Recreation Area. manage ORV use in compliance with Restoration Project, 1901 Spinnaker The ORV Management Plan/EIS will the Recreation Area’s enabling Drive, Ventura, CA 93001, telephone assess potential environmental impacts legislation, NPS management policies, (805) 658–5784; FAX (805) 658–5799; e- associated with a range of reasonable and other laws and regulations to ensure mail [email protected]). Duplicate alternatives for managing ORV impacts protection of the natural, cultural, and informational updates will be regularly on park resources such as soils, recreational values of the Recreation posted on the park Web site http:// wetlands, wildlife, cultural resources, Area’s environment for present and _ www.nps.gov/chis/home visitor experience, and public safety. future generations. Lake Meredith Recreation Area was mngmntdocs.htm and also at http:// An ORV Management Plan is needed established in 1964 for the parkplanning.nps.gov. to address the inconsistent management administration of public recreational Decision Process: At this time, the facilities at the Sanford Reservoir area, of ORV use over time, address the draft EIS is expected to be available for Canadian River project, Texas. In 1990 impacts to both cultural and natural public review in early 2009; following Congress designated Lake Meredith a resources, and address ORV use outside due consideration of all public and National Recreation Area to ‘‘provide for of the authorized areas. Specifically, an agency comments, it is expected that the public outdoor recreation use and ORV Management Plan is needed to: (1) final environmental document will be enjoyment of the lands and waters Comply with Executive Orders 11644 completed in late 2009. As a delegated associated with Lake Meredith in the and 11989 respecting ORV use, and EIS, the official responsible for the final State of Texas, and to protect the scenic, with NPS laws, regulations (36 CFR decision is the Regional Director, Pacific scientific, cultural, and other values 4.10), and policies to minimize impacts to Recreation Area resources and values; West Region. Subsequently the contributing to the public enjoyment of (2) Provide for sustainable recreational Superintendent, Channel Islands such lands and waters,’’ (Pub. L. 101– ORV use areas; (3) Address the lack of National Park, would be responsible for 628, 16 U.S.C. 46Oeee, November 28, 1990). Lake Meredith offers many an approved plan, which has led to ORV implementing the approved restoration use outside of authorized areas; (4) and management actions. recreational uses including boating, swimming, fishing, hunting and ORV Address resource impacts resulting from Dated: April 28, 2008. use. Lake Meredith currently has two ORV use; and (5) Address the change in Patricia L. Neubacher, areas designated as ORV areas, Rosita numbers, power, range and capabilities Acting Regional Director, Pacific West Region. (∼1,740 acres) and Blue Creek (∼275 of ORVs. The ORV Management Plan/ DEIS will cover all lands administered [FR Doc. E8–12965 Filed 6–10–08; 8:45 am] acres). These areas were designated by by the NPS at the Recreation Area. BILLING CODE 4310–F6–M special regulation, 36 CFR 7.57. Both areas were utilized by the local Through internal scoping efforts, community for recreational use prior to several draft objectives were outlined the establishment of the Sanford for the EIS: Reservoir Project in 1965. Visitor Use and Safety: Manage ORV Executive Order 11644, issued in use to minimize conflicts among 1972 and amended by Executive Order different ORV users; promote safe

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33112 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

operation of ORVs and safety of all NPS PEPC Web site at http:// DEPARTMENT OF THE INTERIOR visitors. parkplanning.nps.gov/LAMR. To Management: Build stewardship comment using PEPC, select the ‘‘Lake National Park Service through public awareness and Meredith National Recreation Area ORV General Management Plan, Record of understanding of NPS resource Management Plan and Regulation’’ Decision, Saguaro National Park, management and visitor use policy and project, select ‘‘documents,’’ select this Arizona responsibilities as they pertain to the ‘‘Notice of Intent,’’ and then select recreation area and ORV management; ‘‘comment’’ and enter your comments. AGENCY: National Park Service, develop a monitoring plan that allows Further information about this project Department of the Interior. the park to establish the number of may also be found on the PEPC Web site ACTION: Notice of Availability of a ORVs the park is able to support. listed above, including links to Record of Decision on the Final Park Operations: Identify needs and information about the NEPA planning Environmental Impact Statement I costs necessary to implement an ORV process. General Management Plan, Saguaro plan; minimize impacts to park National Park. operations and costs necessary to FOR FURTHER INFORMATION CONTACT: implement an ORV plan. Superintendent, Cindy Ott-Jones, Lake SUMMARY: Pursuant to the National Natural Resources: Minimize adverse Meredith National Recreation Area, Environmental Policy Act of 1969, 42 impacts to threatened, endangered, and Alibates Flint Quarries National U.S.C. 4332(2)(C), the National Park other protected species and their Monument, P.O. Box 1460, Fritch, Texas Service announces the availability of the habitats; define effective strategies for 79036, by e-mail at Cindy Ott- Record of Decision (ROD) for the soil erosion control and restoration of [email protected]. General Management Plan, Saguaro plant resources to support wildlife National Park, Arizona. On April 2, populations. SUPPLEMENTARY INFORMATION: If you 2008, the Regional Director, Cultural Resources: Preserve and wish to comment on this project, you Intermountain Region approved the protect significant cultural resources may submit your comments by any one Record of Decision. As soon as within the recreation area; work with of several methods. You may mail practicable after March 31, 2008, on interested parties to identify cultural comments to Office of the which the 30-day waiting period ends, resources that could be adversely Superintendent, Lake Meredith National the National Park Service will start affected by ORV use. Recreation Area and Alibates Flint implementing the selected action as in The draft and final ORV Management the FEIS issued on February 29, 2008, Plan/EIS will be made available to all Quarries National Monument, P.O. Box 1460, Fritch, Texas 79036–1460. You the date the FETS was published in the known interested parties and Environmental Protection Agency’s appropriate agencies. Full public may also comment via the Internet at http://parkplanning.nps.gov. If you do Federal Register notice (Volume 73, participation by Federal, State, and local Number 41, Page 11112). The ROD agencies as well as other concerned not receive a confirmation from the system that we have received your explains that alternative 2 is the organizations and private citizens is selected action over no-action and the Internet message, contact the park invited throughout the preparation other action alternative. To reduce directly at Office of the Superintendent, process of this document. habitat fragmentation, the selected DATES: The Park Service will accept Cindy Ott-Jones at 806–857–3151. action emphasizes ecological processes comments from the public through July Finally, you may hand-deliver and biological diversity by creating and 11, 2008. To determine the scope of comments to Lake Meredith National preserving wildlife movement corridors issues to be addressed in the ORV Recreation Area and Alibates Flint among isolated habitats, while still Management Plan/EIS and to identify Quarries National Monument, 419 E. providing a range of visitor significant issues related to the ORV Broadway, Fritch, Texas 79036. opportunities. The selected action management at the Recreation Area, Before including your address, phone includes a parkwide management zone NPS will be conducting public scoping number, e-mail address, or other for the preservation of cultural meetings on July 8, 9, and 10, 2008. The personal identifying information in your resources. The no-action alternative NPS is planning to conduct the three comment, you should be aware that would mean no change from existing meetings in Fritch, Dumas, and your entire comment—including your conditions. The other action alternative Amarillo, Texas, respectively. personal identifying information—may would mean some but less emphasis on Representatives of the NPS will be be made publicly available at any time. wildlife movement corridors among available to discuss issues, resource While you can ask us in your comment isolated habitats to address habitat concerns, and the planning process at fragmentation, and more visitor each of the public meetings. The to withhold your personal identifying information from public review, we opportunities. The selected action calls locations, times, and dates of the public for road, trail, and visitor center cannot guarantee that we will be able to meetings will be published in local improvements as well as monitoring for do so. newspapers and posted on the NPS certain natural and cultural resources Planning, Environment, and Public Date: May 28, 2008. and vehicular traffic patterns for Comment (PEPC) Web site at http:// John T. Crowley, preservation and safety, respectively. parkplanning.nps.gov/LAMR. Acting Regional Director, Intermountain The Record of Decision includes a ADDRESSES: Written comments or Region, National Park Service. statement of the decision made, requests for information should be [FR Doc. E8–12839 Filed 6–10–08; 8:45 am] synopses of the other alternatives addressed to Superintendent, Cindy Ott- considered, the basis for the decision, a BILLING CODE 4310–3A–M Jones, Lake Meredith National description of the environmentally Recreation Area, Alibates Flint Quarries preferable alternative, and findings of National Monument, P.O. Box 1460, no unacceptable impacts and no Fritch, Texas 79036–1460. In addition, impairment to park resources and comments may be entered on-line in the values. There is a listing of measures to

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33113

minimize environmental harm, and an DATES: A public meeting to obtain input Avenue, NW., Suite 317, Washington, overview of public involvement in the on the scope of issues to be addressed DC 20004 or http:// decision-making process. in the EIS is scheduled for June 24, www.poplarpointeis.com. FOR FURTHER INFORMATION CONTACT: 2008, at 7 p.m. at Matthews Memorial SUPPLEMENTARY INFORMATION: The D.C. Superintendent Sarah Craighead, Baptist Church, 2616 Martin Luther Lands Act calls for the redevelopment of Saguaro National Park, 3693 South Old King Avenue, SE., Washington, DC. Poplar Point (the Site), by the District Written comments from the public Spanish Trail, Tucson, AZ 85730–5601, and, should the NPS and the District and others are sought. Comments will [email protected], 520–733– jointly determine that it is no longer be considered by both NPS and the 5101. appropriate for the NPS and U.S. Park District. For these comments to be most Police (USPP), which is part of the NPS, SUPPLEMENTARY INFORMATION: Copies of helpful to the scoping process, they to remain in their current Poplar Point the Record of Decision may be obtained must be received within 45 days from facilities, new permanent replacement from the above contact or online at the date of publication of this notice. facilities will be provided by the http://parkplanning.nps.gov/sagu. Before including your address, phone District. The EIS will analyze Dated: April 2, 2008. number, e-mail address, or other alternatives for the District’s personal identifying information in your Michael D. Snyder, redevelopment of the Site and for NPS comment, be advised that your entire and USPP replacement facilities which Regional Director, Intermountain Region, comment including your personal National Park Service. may be located elsewhere in identifying information—may be made Washington, D.C., and a no-action [FR Doc. E8–12835 Filed 6–10–08; 8:45 am] publicly available at any time. While BILLING CODE 4310–08–M alternative. This EIS will be used in the you can ask us in your comment to decision-making processes for this withhold from public review your relocation and redevelopment which are personal identifying information, we DEPARTMENT OF THE INTERIOR pursuant to the D.C. Lands Act. Much cannot guarantee that we will be able to of the Site is within National Capital National Park Service do so. Parks—East of the National Park System Government agencies who will be or and, by law, as the NPS and USPP Notice of Intent To Prepare an seek to be cooperating agencies are facilities situation is resolved, these Environmental Impact Statement; requested to get in touch with NPS, the lands will go to the District, possibly Poplar Point Redevelopment Project District, or both as early in the process through a sequence of multiple and Proposed National Park Service as possible. conveyances of title. and U.S. Park Police Facilities ADDRESSES: The scoping meeting will be Poplar Point occupies a prime and Relocation held at 7 p.m. at Matthews Memorial highly visible parcel along the eastern Baptist Church, 2616 Martin Luther bank of the Anacostia River, directly AGENCY: National Park Service, King Avenue, SE., Washington, DC. across from the Washington Navy Yard. Department of the Interior. Potential cooperating agencies should The Site includes, but is not limited, to ACTION: Notice of intent to prepare an contact Peter May, Associate Regional ‘‘Poplar Point’’ as defined in Section environmental impact statement and for Director for Lands, Resources and 304 of the D.C. Lands Act, and is scoping on the redevelopment of Poplar Planning, 1100 Ohio Drive SW., generally bounded by the Anacostia Point and proposed relocation of certain Washington, DC 20242, and/or the River to the north, the Frederick National Park Service and U.S. Park Office of the Deputy Mayor for Planning Douglass Bridge to the west, the 11th Police facilities in Washington, D.C. and Economic Development, Attention: Street Bridge to the east, and the Poplar Point Project Manager, 1350 Anacostia Freeway (Interstate 295) and SUMMARY: Pursuant to the National Pennsylvania Avenue, NW., Suite 317, Suitland Parkway to the south. It is Environmental Policy Act of 1969 Washington, DC 20004, or http:// approximately 130 acres, mostly under (NEPA), 42 U.S.C. 4321 et seq., the www.poplarpointeis.com. Comments NPS jurisdiction, containing the NPS National Park Service (NPS) with the may be submitted electronically through and USPP facilities and 60 acres of District of Columbia government the NPS Planning, Environment and managed meadows. The Site will (District), acting as joint lead agencies, Public Comment (PEPC) Web site at increase to approximately 150 acres will prepare an Environmental Impact http://parkplanning.nps.gov/NACE; or when the Frederick Douglass Bridge is Statement (EIS) to aid their decision- by mail to: Superintendent, National realigned further to the South; the making under Title III of the Federal Capital Parks—East, RE: Poplar Point District already has jurisdiction of the and District of Columbia Government Redevelopment, 1900 Anacostia Drive, land underneath the freeway Real Property Act of 2006, Pub. L. 109– SE., Washington, DC 20020. To be infrastructure leading to that bridge. The 396, 120 Stat. 2711 (2006) (D.C. Lands added to a mailing list about this Site also contains the Anacostia Metro Act). During this NEPA process, the project: contact Superintendent, Station and a Washington Metropolitan NPS and the District will be complying National Capital Parks—East, RE: Poplar Area Transit Authority (WMATA) with applicable laws and regulations, Point Redevelopment, 1900 Anacostia parking garage. including Section 106 of the National Drive, SE., Washington, DC 20020. The NPS and USPP presently operate Historic Preservation Act, and those FOR FURTHER INFORMATION CONTACT: The in approximately 100,000 square feet of pertaining to activities within NPS and the District may both be facilities at the Site. The NPS and USPP floodplains. Other Federal and District contacted. For the NPS: Superintendent, relocation involves the NPS and District agencies may serve as cooperating National Capital Parks—East, RE: Poplar agreeing on a new location and on agencies and they are invited to contact Point Redevelopment, 1900 Anacostia facilities design, followed by the District the NPS and the District. Scoping Drive, SE., Washington, DC 20020. For providing such facilities to the NPS at commences with this notice. Written the District: Office of the Deputy Mayor no cost to the NPS. Options for comments on the scope of issues to be for Planning and Economic relocation include moving to other land addressed in the EIS are requested, and Development, Attention: Poplar Point in the District, or relocation at the Site. a public meeting has been scheduled. Project Manager, 1350 Pennsylvania A determination could also be made for

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33114 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

the NPS and USPP to remain in their comments by any one of several Street, SW., Washington, DC 20436, current facilities. methods. You may mail comments to telephone (202) 205–2000. General Pursuant to the D.C. Lands Act, the the Superintendent at the address information concerning the Commission redevelopment of Poplar Point will above. You may also comment via the may also be obtained by accessing its include approximately 70 acres of Internet at http://parkplanning.nps.gov/ Internet server at http://www.usitc.gov. parkland in perpetuity that may include bith. If you do not receive a The public record for this investigation wetlands, landscaped areas, pedestrian confirmation from the system that we may be viewed on the Commission’s walkways, bicycle trails, seating, have received your Internet message, electronic docket (EDIS) at http:// opensided shelters, natural areas, contact us directly using the edis.usitc.gov. Hearing-impaired recreational use areas and memorial information above. Finally, you may persons are advised that information on sites. For the remaining acreage of the hand-deliver comments to the address this matter can be obtained by Site, the District is considering above. Before including your address, contacting the Commission’s TDD proposals for a cultural institution or phone number, e-mail address, or other terminal on (202) 205–1810. museum, transit, a sports complex or personal identifying information in your SUPPLEMENTARY INFORMATION: The stadium, and residential and comment, you should be aware that Commission instituted Inv. No. 337– commercial uses. your entire comment including your TA–607 based on a complaint filed by Dated: May 19, 2008. personal identifying information may be Samsung Electronics Co., Ltd. of Seoul, made publicly available at any time. Lisa A. Mendelson-Ielmini, Korea (‘‘Samsung’’) on May 7, 2007. 72 While you can ask us in your comment FR 32863 (June 14, 2007). The Deputy Regional Director, National Capital to withhold your personal identifying Region. complaint, as amended, alleged information from public review, we violations of section 337 of the Tariff [FR Doc. E8–12837 Filed 6–10–08; 8:45 am] cannot guarantee that we will be able to BILLING CODE 4312–JK–M Act of 1930 (19 U.S.C. 1337) in the do so. importation into the United States, the Dated: May 2, 2008 sale for importation, and the sale within DEPARTMENT OF THE INTERIOR Todd W. Brindle, the United States after importation of Superintendent, Big Thicket National certain semiconductor devices, DMA National Park Service Preserve. systems, and products containing same [FR Doc. E8–12964 Filed 6–10–08; 8:45 am] by reason of infringement of certain Plan of Operations for Reclamation of BILLING CODE 4312–CB–M claims of U.S. Patent No. 5,613,162 and the Rafferty Fee Lease—Well No. 1 U.S. Patent No. 7,064,026. The notice of Site, Big Thicket National Preserve, investigation named Renesas Texas INTERNATIONAL TRADE Technology Corp. of Tokyo, Japan and AGENCY: National Park Service, COMMISSION Renesas Technology America, Inc. of Department of the Interior. San Jose, California (collectively, [Investigation No. 337–TA–607] ‘‘Renesas’’) as respondents. The ACTION: Notice of Availability of a Plan complaint, as amended, further alleged of Operations for reclamation of the In the Matter of Certain Semiconductor that an industry in the United States Rafferty Fee Lease—Well No. 1 site at Devices, DMA Systems, and Products exists as required by subsection Big Thicket National Preserve. Containing Same; Notice of Commission Decision Not To Review 337(a)(2). SUMMARY: Notice is hereby given, in an Initial Determination Terminating On April 25, 2008, Samsung and accordance with Section 9.52(b) of Title the Investigation on the Basis of a Renesas jointly moved to terminate the 36 of the Code of Federal Regulations, Settlement Agreement investigation based on a settlement Part 9, Subpart B, of a Plan of agreement. On April 29, 2008, the Operations submitted by Buford Curtis, AGENCY: U.S. International Trade Commission investigative attorney filed Inc., for reclamation of the Rafferty Fee Commission. a response supporting the motion. Lease—Well No. 1 site, Hardin County, ACTION: Notice. On May 19, 2008, the ALJ issued the Texas. subject ID (Order No. 73) granting the SUMMARY: Notice is hereby given that DATES: The above document is available joint motion to terminate the the U.S. International Trade investigation based on a settlement for pubic review and comment through Commission has determined not to July 11, 2008. agreement. The ALJ found that the joint review the presiding administrative law motion complied with the requirements ADDRESSES: The Plan of Operations is judge’s (‘‘ALJ’’) initial determination of Commission Rule 210.21(b) (19 CFR available for public review and (‘‘ID’’) (Order No. 73) granting the joint 210.21(b)). In addition, the ALJ comment online at http:// motion to terminate the above-captioned concluded, pursuant to Commission parkplanning.nps.gov/bith, and in the investigation based on a settlement Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), office of the Superintendent, Todd agreement. that there is no evidence that Brindle, Big Thicket National Preserve, FOR FURTHER INFORMATION CONTACT: Eric termination of this investigation will 6044 FM 420, Kountze, Texas 77625, Frahm, Office of the General Counsel, prejudice the public interest. No telephone: 409–951–6802. U.S. International Trade Commission, petitions for review of this ID were filed. FOR FURTHER INFORMATION CONTACT: Mr. 500 E Street, SW., Washington, DC The Commission has determined not Haigler ‘‘Dusty’’ Pate, Biologist, Oil and 20436, telephone (202) 205–3107. to review the ID. Gas Program Manager, Big Thicket Copies of non-confidential documents The authority for the Commission’s National Preserve, 6044 FM 420, filed in connection with this determination is contained in section Kountze, Texas 77625, telephone: 409– investigation are or will be available for 337 of the Tariff Act of 1930, as 951–6822, e-mail at _ inspection during official business amended (19 U.S.C. 1337), and in Haigler [email protected]. hours (8:45 a.m. to 5:15 p.m.) in the section 210.42 of the Commission’s SUPPLEMENTARY INFORMATION: If you Office of the Secretary, U.S. Rules of Practice and Procedure (19 CFR wish to comment, you may submit your International Trade Commission, 500 E 210.42).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33115

By order of the Commission. of the investigations. Industrial users, INTERNATIONAL TRADE Issued: June 5, 2008, and, if the merchandise under COMMISSION Marilyn R. Abbott, investigation is sold at the retail level, [Investigation No. 731–TA–1135 (Final)] Secretary to the Commission. representative consumer organizations [FR Doc. E8–13047 Filed 6–10–08; 8:45 am] have the right to appear as parties in Sodium Metal From France BILLING CODE 7020–02–P Commission antidumping and countervailing duty investigations. The AGENCY: United States International Secretary will prepare a public service Trade Commission. INTERNATIONAL TRADE list containing the names and addresses ACTION: Scheduling of the final phase of COMMISSION of all persons, or their representatives, an antidumping investigation. [Investigation Nos. 701–TA–456 and 731– who are parties to the investigations. SUMMARY: The Commission hereby gives TA–1151–1152 (Preliminary)] Background notice of the scheduling of the final Citric Acid and Certain Citrate Salts phase of antidumping investigation No. From Canada And China; On April 14, 2008, a petition was filed 731–TA–1135 (Final) under section Determinations with the Commission and Commerce by 735(b) of the Tariff Act of 1930 (19 Archer Daniels Midland Co., Decatur, U.S.C. 1673d(b)) (the Act) to determine 1 On the basis of the record developed IL; Cargill, Inc., Wayzata, MN; and Tate whether an industry in the United in the subject investigations, the United & Lyle Americas, Inc., Decatur, IL, States is materially injured or States International Trade Commission alleging that an industry in the United threatened with material injury, or the (Commission) determines, pursuant to States is materially injured or establishment of an industry in the sections 703(a) and 733(a) of the Tariff threatened with material injury by United States is materially retarded, by Act of 1930 (19 U.S.C. 1671b(a) and reason of less-than-fair-value imports 1673b(a)) (the Act), that there is a reason of imports of citric acid and certain citrate salts from Canada and from France of sodium metal, provided reasonable indication that an industry for in subheading 2805.11.00 of the China that are alleged to be sold in the in the United States is materially Harmonized Tariff Schedule of the 2 United States at LTFV and subsidized injured by reason of imports from United States.1 Canada and China of citric acid and by the Government of China. For further information concerning certain citrate salts, provided for in Accordingly, effective April 14, 2008, the conduct of this phase of the subheading 2918.14.00 of the the Commission instituted antidumping investigation, hearing procedures, and Harmonized Tariff Schedule of the and countervailing duty investigations rules of general application, consult the United States, that are alleged to be sold Nos. 701–TA–456 and 731–TA–1151– Commission’s Rules of Practice and in the United States at less than fair 1152 (Preliminary). Procedure, part 201, subparts A through value (LTFV) and subsidized by the Notice of the institution of the E (19 CFR part 201), and part 207, Government of China. Commission’s investigations and of a subparts A and C (19 CFR part 207). Commencement of Final Phase public conference to be held in EFFECTIVE DATE: May 28, 2008. Investigations connection therewith was given by FOR FURTHER INFORMATION CONTACT: Pursuant to section 207.18 of the posting copies of the notice in the Office Nathanael Comly (202–205–3174), Commission’s rules, the Commission of the Secretary, U.S. International Office of Investigations, U.S. also gives notice of the commencement Trade Commission, Washington, DC, International Trade Commission, 500 E of the final phase of its investigations. and by publishing the notice in the Street, SW., Washington, DC 20436. The Commission will issue a final phase Federal Register of April 22, 2008 (73 Hearing-impaired persons can obtain notice of scheduling, which will be FR 21650). The conference was held in information on this matter by contacting published in the Federal Register as Washington, DC, on May 7, 2008, and the Commission’s TDD terminal on 202– provided in section 207.21 of the all persons who requested the 205–1810. Persons with mobility Commission’s rules, upon notice from opportunity were permitted to appear in impairments who will need special the Department of Commerce person or by counsel. assistance in gaining access to the (Commerce) of affirmative preliminary Commission should contact the Office The Commission transmitted its determinations in the investigations of the Secretary at 202–205–2000. under sections 703(b) or 733(b) of the determinations in these investigations to General information concerning the Act, or, if the preliminary the Secretary of Commerce on May 29, Commission may also be obtained by determinations are negative, upon 2008. The views of the Commission are accessing its Internet server (http:// notice of affirmative final contained in USITC Publication 4008 www.usitc.gov). The public record for determinations in those investigations (June 2008), entitled Citric Acid and this investigation may be viewed on the under sections 705(a) or 735(a) of the Certain Citrate Salts from Canada and Commission’s electronic docket (EDIS) Act. Parties that filed entries of China: Investigation Nos. 701–TA–456 at http://edis.usitc.gov. appearance in the preliminary phase of and 731–TA–1151–1152 (Preliminary). SUPPLEMENTARY INFORMATION: the investigations need not enter a By order of the Commission. Background.—The final phase of this separate appearance for the final phase investigation is being scheduled as a Issued: June 5, 2008. result of an affirmative preliminary 1 The record is defined in sec. 207.2(f) of the Marilyn R. Abbott, determination by the Department of Commission’s Rules of Practice and Procedure (19 Secretary to the Commission. Commerce that imports of sodium metal CFR 207.2(f)). [FR Doc. E8–13050 Filed 6–10–08; 8:45 am] from France are being sold in the United 2 Chairman Daniel R. Pearson and Commissioners Charlotte R. Lane and Dean A. Pinkert determined BILLING CODE 7020–02–P States at less than fair value within the that there is no reasonable indication that an industry in the United States is materially injured 1 For purposes of this investigation, the or threatened with material injury by reason of Department of Commerce has defined the subject imports from Canada and China of citric acid and merchandise as ‘‘sodium metal (Na), in any form certain citrate salts. and at any purity level.’’

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33116 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

meaning of section 733 of the Act (19 nonparties desiring to appear at the Electronic Filing Procedures, 67 FR U.S.C. 1673b). The investigation was hearing and make oral presentations 68168, 68173 (November 8, 2002). requested in a petition filed on October should attend a prehearing conference Additional written submissions to the 23, 2007, by E.I. du Pont de Nemours & to be held at 9:30 a.m. on October 7, Commission, including requests Co. Inc., Wilmington, DE. 2008, at the U.S. International Trade pursuant to section 201.12 of the Participation in the investigation and Commission Building. Oral testimony Commission’s rules, shall not be public service list.—Persons, including and written materials to be submitted at accepted unless good cause is shown for industrial users of the subject the public hearing are governed by accepting such submissions, or unless merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and the submission is pursuant to a specific sold at the retail level, representative 207.24 of the Commission’s rules. request by a Commissioner or consumer organizations, wishing to Parties must submit any request to Commission staff. participate in the final phase of this present a portion of their hearing In accordance with sections 201.16(c) investigation as parties must file an testimony in camera no later than 7 and 207.3 of the Commission’s rules, entry of appearance with the Secretary business days prior to the date of the each document filed by a party to the to the Commission, as provided in hearing. investigation must be served on all other section 201.11 of the Commission’s parties to the investigation (as identified rules, no later than 21 days prior to the Written submissions.—Each party by either the public or BPI service list), hearing date specified in this notice. A who is an interested party shall submit and a certificate of service must be party that filed a notice of appearance a prehearing brief to the Commission. timely filed. The Secretary will not during the preliminary phase of the Prehearing briefs must conform with the accept a document for filing without a investigation need not file an additional provisions of section 207.23 of the certificate of service. notice of appearance during this final Commission’s rules; the deadline for phase. The Secretary will maintain a filing is September 26, 2008. Parties Authority: This investigation is being conducted under authority of title VII of the public service list containing the names may also file written testimony in Tariff Act of 1930; this notice is published and addresses of all persons, or their connection with their presentation at pursuant to section 207.21 of the representatives, who are parties to the the hearing, as provided in section Commission’s rules. investigation. 207.24 of the Commission’s rules, and Limited disclosure of business posthearing briefs, which must conform By order of the Commission. proprietary information (BPI) under an with the provisions of section 207.25 of Issued: June 5, 2008. administrative protective order (APO) the Commission’s rules. The deadline Marilyn R. Abbott, and BPI service list.—Pursuant to for filing posthearing briefs is October Secretary to the Commission. section 207.7(a) of the Commission’s 21, 2008; witness testimony must be [FR Doc. E8–13046 Filed 6–10–08; 8:45 am] rules, the Secretary will make BPI filed no later than three days before the BILLING CODE 7020–02–P gathered in the final phase of this hearing. In addition, any person who investigation available to authorized has not entered an appearance as a party applicants under the APO issued in the to the investigation may submit a INTERNATIONAL TRADE investigation, provided that the written statement of information COMMISSION application is made no later than 21 pertinent to the subject of the [Inv. No. 731–TA–745 (Second Review)] days prior to the hearing date specified investigation, including statements of in this notice. Authorized applicants support or opposition to the petition, on must represent interested parties, as Steel Concrete Reinforcing Bar From or before October 21, 2008. On defined by 19 U.S.C. 1677(9), who are Turkey November 6, 2008, the Commission will parties to the investigation. A party make available to parties all information AGENCY: United States International granted access to BPI in the preliminary on which they have not had an Trade Commission. phase of the investigation need not reapply for such access. A separate opportunity to comment. Parties may ACTION: Scheduling of a full five-year service list will be maintained by the submit final comments on this review concerning the antidumping Secretary for those parties authorized to information on or before November 7, duty order on steel concrete reinforcing receive BPI under the APO. 2008, but such final comments must not bar from Turkey. Staff report.—The prehearing staff contain new factual information and SUMMARY: The Commission hereby gives report in the final phase of this must otherwise comply with section notice of the scheduling of a full review investigation will be placed in the 207.30 of the Commission’s rules. All pursuant to section 751(c)(5) of the nonpublic record on September 19, written submissions must conform with Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) 2008, and a public version will be the provisions of section 201.8 of the (the Act) to determine whether issued thereafter, pursuant to section Commission’s rules; any submissions revocation of the antidumping duty 207.22 of the Commission’s rules. that contain BPI must also conform with Hearing.—The Commission will hold the requirements of sections 201.6, order on steel concrete reinforcing bar a hearing in connection with the final 207.3, and 207.7 of the Commission’s from Turkey would be likely to lead to phase of this investigation beginning at rules. The Commission’s rules do not continuation or recurrence of material 9:30 a.m. on October 14, 2008, at the authorize filing of submissions with the injury within a reasonably foreseeable U.S. International Trade Commission Secretary by facsimile or electronic time. For further information Building. Requests to appear at the means, except to the extent permitted by concerning the conduct of this review hearing should be filed in writing with section 201.8 of the Commission’s rules, and rules of general application, consult the Secretary to the Commission on or as amended, 67 Fed. Reg. 68036 the Commission’s Rules of Practice and before October 2, 2008. A nonparty who (November 8, 2002). Even where Procedure, part 201, subparts A through has testimony that may aid the electronic filing of a document is E (19 CFR part 201), and part 207, Commission’s deliberations may request permitted, certain documents must also subparts A, D, E, and F (19 CFR part permission to present a short statement be filed in paper form, as specified in II 207). at the hearing. All parties and (C) of the Commission’s Handbook on EFFECTIVE DATE: June 5, 2008.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33117

FOR FURTHER INFORMATION CONTACT: granted access to BPI following before November 25, 2008, but such Joshua Kaplan (202–205–3184), Office publication of the Commission’s notice final comments must not contain new of Investigations, U.S. International of institution of the review need not factual information and must otherwise Trade Commission, 500 E Street, SW., reapply for such access. A separate comply with section 207.68 of the Washington, DC 20436. Hearing- service list will be maintained by the Commission’s rules. All written impaired persons can obtain Secretary for those parties authorized to submissions must conform with the information on this matter by contacting receive BPI under the APO. provisions of section 201.8 of the the Commission’s TDD terminal on 202– Staff report.—The prehearing staff Commission’s rules; any submissions 205–1810. Persons with mobility report in the review will be placed in that contain BPI must also conform with impairments who will need special the nonpublic record on September 25, the requirements of sections 201.6, assistance in gaining access to the 2008, and a public version will be 207.3, and 207.7 of the Commission’s Commission should contact the Office issued thereafter, pursuant to section rules. The Commission’s rules do not of the Secretary at 202–205–2000. 207.64 of the Commission’s rules. authorize filing of submissions with the General information concerning the Hearing.—The Commission will hold Secretary by facsimile or electronic Commission may also be obtained by a hearing in connection with the review means, except to the extent permitted by accessing its Internet server (http:// beginning at 9:30 a.m. on October 16, section 201.8 of the Commission’s rules, www.usitc.gov). The public record for 2008, at the U.S. International Trade as amended, 67 FR 68036 (November 8, this review may be viewed on the Commission Building. Requests to 2002). Even where electronic filing of a Commission’s electronic docket (EDIS) appear at the hearing should be filed in document is permitted, certain at http://edis.usitc.gov. writing with the Secretary to the documents must also be filed in paper Commission on or before October 8, SUPPLEMENTARY INFORMATION: form, as specified in II (C) of the 2008. A nonparty who has testimony Background.—On May 6, 2008, the Commission’s Handbook on Electronic that may aid the Commission’s Filing Procedures, 67 FR 68168, 68173 Commission determined that responses deliberations may request permission to to its notice of institution of the subject (November 8, 2002). present a short statement at the hearing. Additional written submissions to the five-year review were such that a full All parties and nonparties desiring to review pursuant to section 751(c)(5) of Commission, including requests appear at the hearing and make oral pursuant to section 201.12 of the the Act should proceed (73 FR 27847, presentations should attend a May 14, 2008). A record of the Commission’s rules, shall not be prehearing conference to be held at 9:30 accepted unless good cause is shown for Commissioners’ votes, the a.m. on October 14, 2008, at the U.S. Commission’s statement on adequacy, accepting such submissions, or unless International Trade Commission the submission is pursuant to a specific and any individual Commissioner’s Building. Oral testimony and written statements are available from the Office request by a Commissioner or materials to be submitted at the public Commission staff. of the Secretary and at the hearing are governed by sections Commission’s Web site. In accordance with sections 201.16(c) 201.6(b)(2), 201.13(f), 207.24, and and 207.3 of the Commission’s rules, Participation in the review and public 207.66 of the Commission’s rules. service list.—Persons, including each document filed by a party to the Parties must submit any request to review must be served on all other industrial users of the subject present a portion of their hearing merchandise and, if the merchandise is parties to the review (as identified by testimony in camera no later than 7 either the public or BPI service list), and sold at the retail level, representative business days prior to the date of the consumer organizations, wishing to a certificate of service must be timely hearing. filed. The Secretary will not accept a participate in this review as parties Written submissions.—Each party to document for filing without a certificate must file an entry of appearance with the review may submit a prehearing of service. the Secretary to the Commission, as brief to the Commission. Prehearing provided in section 201.11 of the briefs must conform with the provisions Authority: This review is being conducted Commission’s rules, by 45 days after of section 207.65 of the Commission’s under authority of title VII of the Tariff Act publication of this notice. A party that rules; the deadline for filing is October of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. filed a notice of appearance following 6, 2008. Parties may also file written publication of the Commission’s notice testimony in connection with their By order of the Commission. of institution of the review need not file presentation at the hearing, as provided Issued: June 6, 2008. an additional notice of appearance. The in section 207.24 of the Commission’s Marilyn R. Abbott, Secretary will maintain a public service rules, and posthearing briefs, which Secretary to the Commission. list containing the names and addresses must conform with the provisions of [FR Doc. E8–13049 Filed 6–10–08; 8:45 am] of all persons, or their representatives, section 207.67 of the Commission’s BILLING CODE 7020–02–P who are parties to the review. rules. The deadline for filing Limited disclosure of business posthearing briefs is October 27, 2008; proprietary information (BPI) under an witness testimony must be filed no later NATIONAL AERONAUTICS AND administrative protective order (APO) than three days before the hearing. In SPACE ADMINISTRATION and BPI service list.—Pursuant to addition, any person who has not section 207.7(a) of the Commission’s entered an appearance as a party to the [Notice (08–051)] rules, the Secretary will make BPI review may submit a written statement gathered in this review available to of information pertinent to the subject of NASA Advisory Council; Meeting authorized applicants under the APO the review on or before October 27, AGENCY: National Aeronautics and issued in the review, provided that the 2008. On November 21, 2008, the Space Administration. application is made by 45 days after Commission will make available to ACTION: Notice of meeting. publication of this notice. Authorized parties all information on which they applicants must represent interested have not had an opportunity to SUMMARY: In accordance with the parties, as defined by 19 U.S.C. 1677(9), comment. Parties may submit final Federal Advisory Committee Act, Public who are parties to the review. A party comments on this information on or Law 92–463, as amended, the National

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33118 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Aeronautics and Space Administration ADDRESSES: Comments should be NATIONAL SCIENCE FOUNDATION announces a meeting of the NASA addressed to Permit Office, Room 755, Advisory Council. The agenda for the Office of Polar Programs, National Notice of Permits Issued Under the meeting includes updates from each of Science Foundation, 4201 Wilson Antarctic Conservation Act of 1978 the Council committees, including Boulevard, Arlington, Virginia 22230. AGENCY: National Science Foundation. discussion and deliberation of potential ACTION: recommendations. The Council FOR FURTHER INFORMATION CONTACT: Notice of permits issued under committees address NASA interests in Nadene G. Kennedy at the above the Antarctic Conservation Act of 1978, the following areas: Aeronautics, Audit address or (703) 292–7405. Public Law 95–541. and Finance, Space Exploration, Human SUPPLEMENTARY INFORMATION: The SUMMARY: The National Science Capital, Science, and Space Operations. National Science Foundation, as Foundation (NSF) is required to publish DATES: Thursday, July 10, 2008, 8 a.m. directed by the Antarctic Conservation notice of permits issued under the to 4 p.m. Act of 1978 (Pub. L. 95–541), as Antarctic Conservation Act of 1978. ADDRESSES: Kingston Room, Radisson amended by the Antarctic Science, This is the required notice. Hotel Cleveland Airport, 25070 Country Tourism and Conservation Act of 1996, FOR FURTHER INFORMATION CONTACT: Club Boulevard, North Olmsted, OH has developed regulations for the Nadene G. Kennedy, Permit Office, 44070. establishment of a permit system for Office of Polar Programs, Rm. 755, National Science Foundation, 4201 FOR FURTHER INFORMATION CONTACT: Mr. various activities in Antarctica and Wilson Boulevard, Arlington, VA 22230. Paul A. Iademarco, Designated Federal designation of certain animals and Official, National Aeronautics and certain geographic areas a requiring SUPPLEMENTARY INFORMATION: On May 6, Space Administration, Washington, DC special protection. The regulations 2008, the National Science Foundation 20546, 202/358–1318. establish such a permit system to published a notice in the Federal Register of permit applications received. SUPPLEMENTARY INFORMATION: The designate Antarctic Specially Protected Permits were issued on June 5, 2008, to: meeting will be open to the public up Areas. to the seating capacity of the room. It is Sam Feola, Permit No. 2009–003. The applications received are as Sam Feola, Permit No. 2009–004. imperative that the meeting be held on follows: this date to accommodate the Nadene G. Kennedy, scheduling priorities of the key 1. Applicant Permit Officer. participants. Permit Application No. 2009–009, [FR Doc. E8–13033 Filed 6–10–08; 8:45 am] Dated: June 5, 2008. Rennie S. Holt, U.S. AMLR Program, BILLING CODE 7555–01–P P. Diane Rausch, Southwest Fisheries Science Center, Advisory Committee Management Officer, National Marine Fisheries Service, 8604 National Aeronautics and Space La Jolla Shores Drive, La Jolla, CA NUCLEAR REGULATORY Administration. 92038. COMMISSION [FR Doc. E8–13094 Filed 6–10–08; 8:45 am] [Docket Nos. 52–025 and 52–026] BILLING CODE 7510–13–P Activity for Which Permit Is Requested Take and Import into the U.S.A. The Southern Nuclear Operating Company; applicant plans capture up to 30 adult Acceptance for Docketing of an NATIONAL SCIENCE FOUNDATION Application for Combined License for female southern elephant seals which Vogtle Electric Generating Plant Units will be tagged, dye marked, blood Notice of Permit Applications Received 3 and 4 Under the Antarctic Conservation Act sampled, weighed, morphometric of 1978 (Pub. L. 95–541) measurements taken, muscle/blubber By letter dated March 28, 2008, biopsy taken, and vibrissae collected. In Southern Nuclear Operating Company AGENCY: National Science Foundation. addition up to 150 juvenile southern (SNC), acting on behalf of itself and ACTION: Notice of Permit Applications elephant seals will be captured to Georgia Power Company, Oglethorpe Received under the Antarctic collect morphometric measurements, Power Corporation (an Electric Conservation Act of 1978, Public Law determine gender and tag. Up to 50 Membership Corporation), Municipal 95–541. Leopard seals per year will have tissue Electric Authority of Georgia, and the plugs taken from their flippers using a City of Dalton, Georgia, an incorporated SUMMARY: The National Science disposable 2 mm biopsy punch. These municipality in the State of Georgia Foundation (NSF) is required to publish samples will be used in DNA studies. acting by and through its Board of notice of permit applications received to Water, Light and Sinking Fund conduct activities regulated under the Location Commissioners, submitted an Antarctic Conservation Act of 1978. application to the U.S. Nuclear NSF has published regulations under ASPA 149—Cape Shirreff, Livingston Regulatory Commission (NRC) for a the Antarctic Conservation Act at Title Island (including San Telmo Islands), combined license (COL) for two AP1000 45 Part 670 of the Code of Federal and Seal Island. advanced passive pressurized water Regulations. This is the required notice Dates reactors in accordance with the of permit applications received. requirements contained in 10 CFR 52, DATES: Interested parties are invited to November 1, 2008 to April 30, 2011. ‘‘Licenses, Certifications and Approvals submit written data, comments, or for Nuclear Power Plants.’’ These views with respect to this permit Nadene G. Kennedy, reactors will be identified as Vogtle application by July 11, 2008. This Permit Officer, Office of Polar Programs. Electric Generating Plant (VEGP) Units application may be inspected by [FR Doc. E8–13075 Filed 6–10–08; 8:45 am] 3 and 4 and located on the existing interested parties at the Permit Office, BILLING CODE 7555–01–P VEGP site in Burke County, Georgia. A address below. notice of receipt and availability of this

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33119

application was previously published in Agencywide Documents Access and For the Nuclear Regulatory Commission. the Federal Register (73 FR 24616) on Management System (ADAMS) Public Annette L. Vietti-Cook, May 5, 2008. Electronic Reading Room link at the Secretary of the Commission. The NRC staff has determined that NRC Web site http://www.nrc.gov/ [FR Doc. E8–13059 Filed 6–10–08; 8:45 am] SNC has submitted information in reading-rm/adams.html. The accordance with 10 CFR Part 2, ‘‘Rules application is also available at http:// BILLING CODE 7590–01–P of Practice for Domestic Licensing www.nrc.gov/reactors/new-licensing/ Proceedings and Issuance of Orders,’’ col.html. Persons who do not have and 10 CFR Part 52 that is acceptable for access to ADAMS or who encounter PRESIDIO TRUST docketing. The docket numbers problems in accessing documents established for the VEGP Units 3 and 4 located in ADAMS should contact the Notice of Public Meeting COL application are 52–025 and 52– NRC PDR Reference staff by telephone 026, respectively. This COL application at 1–800–397–4209, 301–415–4737, or AGENCY: The Presidio Trust. is referencing an Early Site Permit (ESP) by e-mail to [email protected]. application (docket number 52–011) for Dated at Rockville, Maryland this 30th day ACTION: Notice of public meeting. the VEGP Units 3 and 4 site. The ESP of May 2008. application is currently being For the Nuclear Regulatory Commission. SUMMARY: In accordance with § 103(c)(6) considered by the NRC. of the Presidio Trust Act, 16 U.S.C. The NRC staff will perform a detailed Manny Comar, Lead Project Manager, AP1000 Projects 460bb note, Title I of Pub. L. 104–333, technical review of the application. 110 Stat. 4097, as amended, and in Docketing of the application does not Branch 1, Division of New Reactor Licensing, Office of New Reactors. accordance with the Presidio Trust’s preclude the NRC from requesting bylaws, notice is hereby given that a additional information from the [FR Doc. E8–13055 Filed 6–10–08; 8:45 am] applicant as the review proceeds, nor BILLING CODE 7590–01–P public meeting of the Presidio Trust does it predict whether the Commission Board of Directors will be held will grant or deny the application. The commencing 6:30 p.m. on Monday, July NUCLEAR REGULATORY Commission will conduct a hearing in 14, 2008, at the Officers’ Club, 50 COMMISSION accordance with Subpart L, ‘‘Informal Moraga Avenue, Presidio of San Hearing Procedures for NRC [Docket No[s] 52–022 and 52–023] Francisco, California. The Presidio Trust Adjudications,’’ of 10 CFR Part 2 and was created by Congress in 1996 to will receive a report on the COL Progress Energy Carolinas, Inc.; manage approximately eighty percent of application from the Advisory Notice of Hearing and Opportunity To the former U.S. Army base known as the Committee on Reactor Safeguards in Petition for Leave To Intervene and Presidio, in San Francisco, California. accordance with 10 CFR 52.87, ‘‘Referral Order Imposing Procedures for Access to Sensitive Unclassified Non- The purposes of this meeting are to to the Advisory Committee on Reactor receive public comment on the draft Safeguards (ACRS).’’ If the Commission Safeguards Information and Supplemental Environmental Impact finds that the COL application meets the Safeguards Information for Contention Statement for the Main Post, to provide applicable standards of the Atomic Preparation on a Combined License for Energy Act and the Commission’s the Shearon Harris Units 2 and 3; an Executive Director’s report, and to regulations, and that required Correction receive public comment on other notifications to other agencies and matters in accordance with the Trust’s AGENCY: Nuclear Regulatory Public Outreach Policy. bodies have been made, the Commission Commission. will issue a COL, in the form and Individuals requiring special ACTION: Correction. containing conditions and limitations accommodation at this meeting, such as that the Commission finds appropriate SUMMARY: This document corrects a needing a sign language interpreter, and necessary. notice appearing in the Federal Register should contact Mollie Matull at In accordance with 10 CFR Part 51, on June 4, 2008 (73 FR 31899), that 415.561.5300 prior to July 7, 2008. the Commission will also prepare a gives notice that a hearing will be held supplemental environmental impact Time: The meeting will begin at 6:30 that will consider the application dated p.m. on Monday, July 14, 2008. statement for the proposed action. February 18, 2008, filed by Progress Pursuant to 10 CFR 51.26, and as part Energy Carolinas, Inc., pursuant to ADDRESSES: The meeting will be held at of the environmental scoping process, Subpart C of 10 CFR Part 52, for a the Officers’ Club, 50 Moraga Avenue, the staff intends to hold a public combined license. This action is Presidio of San Francisco. scoping meeting. Detailed information necessary to correct an erroneous e-mail FOR FURTHER INFORMATION CONTACT: regarding this meeting will be included address. Karen Cook, General Counsel, the in a future Federal Register notice. FOR FURTHER INFORMATION CONTACT: Presidio Trust, 34 Graham Street, P.O. Finally, the Commission will Serita Sanders, Office of New Reactors, Box 29052, San Francisco, California announce in a future Federal Register Nuclear Regulatory Commission, notice the opportunity to petition for Telephone 301–415–2956, e-mail 94129–0052, Telephone: 415.561.5300. leave to intervene in the hearing [email protected]. Dated: June 5, 2008. required for this application by 10 CFR 52.85. SUPPLEMENTARY INFORMATION: On page Karen A. Cook, Documents may be examined, and/or 31900, center column, the first complete General Counsel. copied for a fee, at the NRC’s Public paragraph, the e-mail address [FR Doc. E8–13057 Filed 6–10–08; 8:45 am] Document Room (PDR), located at One [email protected] is BILLING CODE 4310–4R–P White Flint North, Public File Area O1 corrected to read F21, 11555 Rockville Pike (first floor), john.o’[email protected]. Rockville, Maryland 20852, and will be Dated at Rockville, Maryland, this 5th day accessible electronically through the of June 2008.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33120 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

SECURITIES AND EXCHANGE Electronic Comments In what manner were these issues COMMISSION • Use the Commission’s Internet resolved? Were the primary [Release Nos. 33–8927, 34–57929; File No. comment form (http://www.sec.gov/ considerations in addressing these 4–559] rules/proposed.shtml); or issues based on technological or • Send an e-mail to rule- regulatory developments? International Roundtable on Interactive [email protected]. Please include File • How did issuers in your jurisdiction Data for Public Financial Reporting Number respond, or how do you anticipate they • S7–11–08 on the subject line. AGENCY: Securities and Exchange will respond, to the requirement to Commission. Paper Comments provide reports using interactive data ACTION: Notice of roundtable meeting; • Send paper comments in triplicate for financial reporting? Does your request for comment. to Secretary, Securities and Exchange response differ depending on the size of Commission, 100 F Street, NE., the issuer or the level of detail required SUMMARY: On Tuesday, June 10, 2008, Washington, DC 20549–1090. to be submitted? the Securities and Exchange All submissions should refer to File • Did the use of interactive data in Commission will hold a roundtable Number S7–11–08. This file number your jurisdiction impact what or how discussion on the experience in should be included on the subject line issuers report financial information? countries that have already adopted if e-mail is used. To help us process and Does interactive data filing pose a interactive data; the views of countries review your comments more efficiently, currently considering adopting burden to filers? please use only one method. The interactive data; and the perspectives • What factors have most impacted Commission will post all comments on from analysts and users of financial the timing and ability of issuers to move the Commission’s Internet Web site information about how best to take to the use of interactive data for (http://www.sec.gov/rules/ advantage of the capabilities of financial reporting in your jurisdiction? proposed.shtml). Comments are also interactive data. The event begins with available for public inspection and • Do you find, or do you anticipate, remarks by SEC Chairman Christopher copying in the Commission’s Public that issuer filings in interactive data in Cox on the use of interactive data by Reference Room, 100 F Street, NE., your jurisdiction benefit, or will benefit, public companies and mutual funds to Washington, DC 20549, on official the investor and the larger investment improve disclosure for individual business days between the hours of 10 community? What have been your investors. Following Chairman Cox’s a.m. and 3 p.m. All comments received experiences to date in realizing these remarks, a panel discussion will will be posted without change; we do consider the use of interactive data for benefits? In what ways are investors not edit personal identifying public financial reporting. Panelists will assessing and using interactive data? information from submissions. You include representatives from foreign Are any alternatives for easier access for should submit only information that securities regulators that already require investors being considered to increase you wish to make available publicly. interactive-data reporting as well as usage of the data? representatives from foreign securities FOR FURTHER INFORMATION CONTACT: J. • What regulatory filings would regulators that are considering adopting Troy Beatty, Senior Counsel, Office of benefit investors by being subject to an International Affairs at (202) 551–6681. a form of interactive-data disclosure. In interactive data filing requirement? Are addition, the panel will feature users of SUPPLEMENTARY INFORMATION: The there portions of existing filings that such disclosure and solicit their views Roundtable follows the issuance on May would benefit investors by being subject on the use of interactive data for public 30, 2008 of a proposed rule on to an interactive data filing Interactive Data to Improve Financial financial reporting. The panel will be requirement? Reporting. The proposed rule may be moderated by Chicago Sun-Times • personal finance columnist Terry accessed on the Commission’s Web site In your experience, what ‘‘works’’ Savage. (http://www.sec.gov/rules/proposed/ in terms of designing and implementing The roundtable will take place at the 2008/33-8924.pdf). The Commission interactive data regulatory Commission’s headquarters at 100 F welcomes feedback regarding the requirements? Street, NE., Auditorium, Room L–002, proposed rule and any of the topics to • Should interactive data filing tags Washington, DC, from 9:30 a.m. to 12 be addressed at the Roundtable, be interoperable across national p.m. The public is invited to observe the including those raised in the questions markets? If so, what efforts could be roundtable discussions. Seating is below. made to make data filing tags available on a first-come, first-serve Questions for Panelists interoperable? Should regulatory basis. The roundtable discussions also • How did your interactive data authorities collaborate on or encourage will be available via webcast on the this? Commission’s Web site at http:// program originate? Was it driven by www.sec.gov. The Roundtable Agenda investors, the regulator, or some other By the Commission. and other materials related to the organization? What is the current status June 5, 2008. of your interactive data program? Roundtable, including written • Florence E. Harmon, statements submitted by participants for What is the scope of interactive filings required in your jurisdiction? If Acting Secretary. public distribution, will be accessible at [FR Doc. E8–13053 Filed 6–10–08; 8:45 am] http://www.sec.gov/spotlight/xbrl/xbrl- none, what filings are currently being meetings.shtml. considered that might be subject to an BILLING CODE 8010–01–P interactive data reporting requirement? DATES: Comments should be received on • What levels of detail of interactive or before August 1, 2008. data are you considering or have been ADDRESSES: Comments may be the most effective in implementing? submitted by any of the following What issues arose in assessing the level methods: of detail to be tagged in required filings?

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33121

SECURITIES AND EXCHANGE the most significant aspects of such tax reporting form, the Exchange has COMMISSION statements. been notified that the need for the current two-tier trust structure set forth [Release No. 34–57925; File No. SR–Amex– A. Self-Regulatory Organization’s in Amex Rule 1400 for Paired Trust 2008–36] Statement of the Purpose of, and Shares is no longer necessary.6 The Statutory Basis for, the Proposed Rule Exchange represents that there are no Self-Regulatory Organizations; Change American Stock Exchange LLC; Notice substantive differences between the of Filing of a Proposed Rule Change 1. Purpose proposed structure (a single set of Relating to the Listing and Trading of The Exchange proposes to amend Trading Trusts that issue Trading Shares Shares of the MacroShares $100 Oil Up Amex Rules 1400, 1401, 1402 and 1405 and hold financial instruments) and the Trust and the MacroShares $100 Oil relating to the trading of Paired Trust current two-tier structure (a set of Down Trust Shares and to list and trade the Shares Tradeable Trusts that issue Tradeable under those rules, as amended.3 The Up Shares and hold Holding Shares issued June 5, 2008. MacroShares and the Down by a set of Holding Trusts that invest in Pursuant to Section 19(b)(1) of the MacroShares will be offered by the Up financial instruments).7 Securities Exchange Act of 1934 Therefore, the Exchange proposes to 1 2 Trust and the Down Trust, respectively. (‘‘Act’’) and Rule 19b–4 thereunder, The Trusts were established by MACRO amend Amex Rules 1400, 1401, 1402 notice is hereby given that on May 20, Securities Depositor, LLC, as depositor, and 1405 to provide for the listing and 2008, the American Stock Exchange LLC under the laws of the State of New York. trading of Paired Trust Shares in the (‘‘Amex’’ or ‘‘Exchange’’), filed with the The Trusts are not registered with the case of a series that has only one set of Securities and Exchange Commission Commission as investment companies.4 paired trusts. Under the proposed (‘‘Commission’’) the proposed rule amendments to Amex Rule 1400, the change as described in Items I, II, and a. Amendment to Amex Rules 1400, term ‘‘Paired Trust Shares’’ refers to: (1) III below, which Items have been 1401, 1402 and 1405 Both Holding Shares and any related substantially prepared by the Exchange. The Exchange proposes to amend Tradeable Shares; or (2) solely ‘‘Trading The Commission is publishing this Amex Rules 1400, 1401, 1402 and 1405, Shares,’’ which is a new defined term. notice to solicit comments on the which apply to Paired Trust Shares, to As proposed, Trading Shares has the proposed rule change from interested accommodate the listing and trading of same definition as Holding Shares, persons. the Up MacroShares and the Down except that it is not required that a I. Self-Regulatory Organization’s MacroShares. In their current form, majority of Trading Shares be acquired Statement of the Terms of Substance of these rules apply to Paired Trust Shares and deposited in a related Tradeable the Proposed Rule Change that consist of Holding Shares and Trust, as it is with Holding Shares. The Tradeable Shares.5 Exchange proposes conforming changes The Exchange proposes to amend As described in more detail below, in Amex Rules 1401, 1402 and 1405.8 Amex Rules 1400, 1401, 1402 and 1405 the structure of the series of Paired relating to the trading of Paired Trust Trust Shares proposed to be listed and b. Description of the Shares and the Shares and to list and trade shares of the traded on the Exchange pursuant to this Trusts MacroShares $100 Oil Up Trust (‘‘Up proposal varies from the structure The Up Trust and the Down Trust Trust’’) and the MacroShares $100 Oil contemplated under the current rules would issue Up MacroShares and Down Down Trust (‘‘Down Trust’’) for Paired Trust Shares in that there is MacroShares, respectively, on a (collectively, the ‘‘Trusts’’) under those only one set of trusts instead of two. As continuous basis at the direction of rules, as amended. The shares of the Up a result of a recent interpretation by the authorized participants, as described in Trust are referred to as the Up staff of the Internal Revenue Service more detail below.9 The Up MacroShares, the shares of the Down relating to the inability to interpose a MacroShares and the Down Trust are referred to as the Down grantor trust in order to utilize a certain MacroShares represent undivided MacroShares, and they are referred to beneficial interests in the Up Trust and collectively as the ‘‘Shares.’’ The text of 3 The Commission approved the listing and the Down Trust, respectively. the proposed rule change is available at trading of a similar product on the Exchange when The assets of each Trust will include it approved new Amex Rules 1400–1405. See the Exchange, the Commission’s Public Securities Exchange Act Release No. 54839 an income distribution agreement and Reference Room, and http:// (November 29, 2006), 71 FR 70804 (December 6, settlement contracts entered into with www.amex.com. 2006) (SR–Amex–2006–82) (approving the listing the other Trust. Under the income and trading of Claymore MACROshares Oil Up distribution agreement, as of any II. Self-Regulatory Organization’s Tradeable Shares and Claymore MACROshares Oil distribution date, each Trust will either: Statement of the Purpose of, and Down Tradeable Shares). Amex Rules 1403 and (1) Be required to pay all or a portion Statutory Basis for, the Proposed Rule 1404 would also be applicable to the Up MacroShares and Down MacroShares described of its available income to the other Change herein, although the Exchange is not proposing to Trust; or (2) be entitled to receive all or In its filing with the Commission, the amend those rules. 4 The Shares are being offered by the Trusts under 6 Exchange included statements the Securities Act of 1933, as amended. On April See email from William Love, Vice President concerning the purpose of, and basis for, 17, 2008, the depositor filed with the Commission and Associate General Counsel, Amex, to the proposed rule change and discussed a Registration Statement on Form S–1 for both the Christopher W. Chow and Ronesha Butler, Special any comments it received on the Up MacroShares (File No. 333–150282–01) (‘‘Up Counsels, Commission, dated May 29, 2008 (‘‘May Trust Registration Statement’’) and the Down 29 E-mail’’). proposed rule change. The text of these MacroShares (File No. 333–150282–02) (‘‘Down 7 See id. statements may be examined at the Trust Registration Statement’’ and together with the 8 In paragraph (b)(i) of Amex Rule 1402, the places specified in Item IV below. The Up Trust Registration Statement, the ‘‘Registration Exchange also proposes to correct an error that was Exchange has prepared summaries, set Statements’’). inadvertently made when the rule was originally forth in Sections A, B, and C below, of 5 Holding Shares are issued by a matched pair of adopted by replacing the word ‘‘certificates’’ with trusts (‘‘Holding Trusts’’) in exchange for cash; the word ‘‘shares’’ (consistent with all other Tradeable Shares are issued by a different pair of references to shares in the rules for Paired Trust 1 15 U.S.C. 78s(b)(1). trusts (‘‘Tradeable Trusts’’) in exchange for the Shares). 2 17 CFR 240.19b–4. deposit of Holding Shares. 9 See May 29 E-mail, supra note 6.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33122 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

a portion of the other Trust’s available crude oil futures contract of the on the business day on which a creation income, based, in each case, on the level designated maturity occurs by open order for the Shares is delivered to and of the Applicable Reference Price of outcry on the trading floor of NYMEX.13 accepted by MacroMarkets LLC, the Crude Oil (as defined below) for each The Applicable Reference Price of administrative agent for both Trusts.14 day during the preceding calculation Crude Oil is the reference value on the The Shares may then be sold by period. Under each settlement contract, basis of which quarterly and final authorized participants to the public at in connection with the final scheduled distributions on the Up MacroShares the market price prevailing at the time termination date, an early termination and Down MacroShares are calculated. of any such sale. date or any redemption date, each Trust With respect to the Up Trust, if the The Up MacroShares (Down will either be required to make a final level of the Applicable Reference Price MacroShares) may be redeemed on any payment out of its assets to the other of Crude Oil on any price determination business day together with Down Trust or be entitled to receive a final day exceeds its starting level on the MacroShares (Up MacroShares) by any payment from the other Trust out of the closing date (the date on which the holder who is an authorized participant assets of the other Trust, based, in each Trusts entered into the income only in MacroShares Units (as described case, on the change in the level of the distribution agreement), the underlying above) at the respective per Share Applicable Reference Price of Crude Oil value of the Up Trust will increase to underlying values of those Shares, as from its starting level on the closing include all of its assets plus a portion of measured on the date on which the date to its ending level on the relevant the assets of the paired Down Trust. applicable redemption order was price determination day preceding the Conversely, if the level of the placed. Unless earlier redeemed on a final scheduled termination date, early Applicable Reference Price of Crude Oil redemption date or an early termination termination date, or redemption date, as on any price determination day falls date, a final distribution will be made the case may be. Each Trust will also below its starting level, the Up Trust’s on both the Up MacroShares and the underlying value will decrease because hold U.S. Treasuries and repurchase Down MacroShares on the distribution a portion of its assets will be included agreements on U.S. Treasuries date occurring in December of 2013. (collectively, ‘‘treasuries’’) to secure its in the underlying value of the paired The Registration Statements contain obligations under the income Down Trust. The underlying value of more information regarding the Shares, distribution agreement and the the Up Trust on each price the Trusts, the Applicable Reference settlement contracts.10 determination day represents the Each Trust will make quarterly aggregate amount of the assets in the Price of Crude Oil, quarterly distributions of income on the treasuries paired Trusts to which the Up Trust distributions, final distributions, and a final distribution of all assets it would be entitled if the settlement underlying values, risks, fees and holds on deposit on the final scheduled contracts were settled on that day. expenses, termination triggers, and termination date, an early termination With respect to the Down Trust, if the creation and redemption procedures. date or a redemption date.11 Each level of the Applicable Reference Price c. Availability of Information Regarding quarterly and final distribution will be of Crude Oil on any price determination the Shares based on the value of the Applicable day exceeds its starting level on the Reference Price of Crude Oil, which is closing date, the underlying value of the Intraday Indicative Values. defined as the settlement price of the Down Trust will decrease because a Throughout each price determination New York Mercantile Exchange portion of its assets will be included in day, the Amex, acting as the calculation (‘‘NYMEX’’) division light sweet crude the underlying value of the paired Up agent for each Trust, will calculate and oil futures contract of the designated Trust. Conversely, if the level of the disseminate, at least every 15 seconds maturity, as established and reported by Applicable Reference Price of Crude Oil during regular Amex trading hours, the NYMEX on a per barrel basis in U.S. on any price determination day falls through the facilities of the dollars at the end of each price below its starting level, the Down Consolidated Tape Association determination day.12 For this purpose, a Trust’s underlying value will increase to (‘‘CTA’’), an estimated value (referred to price determination day refers to each include all of its assets plus a portion of as an ‘‘Intraday Indicative Value’’ or day on which trading of the light sweet the assets of the paired Up Trust. The ‘‘IIV’’) for the underlying value per underlying value of the Down Trust on Share of both the Up MacroShares and 10 See id. each price determination day represents the Down MacroShares. The purpose of 11 Each Trust’s quarterly distribution to holders of the aggregate amount of the assets in the this disclosure is to promote liquidity that Trust’s Shares will be made out of the income paired Trusts to which the Down Trust and intraday pricing transparency with that it holds on deposit after it has deducted an would be entitled if the settlement respect to these estimated per Share appropriate amount for fees, either made or contracts were settled on that day. received a payment under the income distribution underlying values, which can be used in agreement, and acquired treasuries with an The Up MacroShares and the Down connection with other related market aggregate purchase price equal to the aggregate par MacroShares may be issued only in information. To enable this calculation, amount of the outstanding Shares of that Trust on MacroShares Units, consisting of 50,000 the Amex will receive real time price that distribution date. On any distribution date, if Up MacroShares issued by the Up Trust a Trust’s actual fees and expenses exceeds its data from the NYMEX through major income from the treasuries, there will be a and 50,000 Down MacroShares issued market data vendors for the light sweet corresponding reduction in the underlying value of by the Down Trust. The Up Trust and crude oil futures contract of the the Trust that will be permanent unless it can be Down Trust will issue their Shares on designated maturity that trades on the made up out of treasury income on future an ongoing basis at any time after the NYMEX.15 distribution dates, net of fees and expenses on those closing date only to persons who qualify distribution dates. Each Trust’s final distribution to holders of that as authorized participants at the per 14 Authorized participants must also pay a Trust’s Shares will depend on the payments that it share underlying value of those shares transaction fee of $2,000 for any paired redemption is required to make to, or that it is entitled to or issuance. All of the shares created on the closing receive from, the other Trust under the settlement 13 If trading of the NYMEX division’s light sweet date will be sold to authorized participants at their contracts that are settled in connection with the crude oil futures contract ceases to occur by open underlying value plus a fee of $0.10 per share, final scheduled termination date, early termination outcry and is transferred by NYMEX to an which will be applied to cover the formation costs date, or redemption date, as the case may be. electronic platform, a price determination day will of the Trusts. 12 See id. be based upon trading on such electronic platform. 15 See May 29 E-mail, supra note 6.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33123

Because the NYMEX market for the Down Trust, will calculate the Down Share, respectively, will be light sweet crude oil futures contract underlying value of the Up Trust and calculated daily and will be made will be closed for portions of the Amex the Down Trust and the per-Share available to all market participants at trading day, the IIV calculated values underlying value of one Up MacroShare the same time. The Exchange will will become fixed and will not be and one Down MacroShare, based on remove from listing the Up MacroShares updated at such times that the NYMEX the Applicable Reference Price of Crude or the Down MacroShares under the contract is not trading.16 Conversely, at Oil established and reported by following circumstances, pursuant to times when the light sweet crude oil NYMEX. The trustee will then provide proposed Amex Rule 1402: futures contract of the designated such values to the administrative agent, • If following the initial twelve maturity is trading on NYMEX, those which will post them on its Web site month period following the trades will be used to update the IIV (http://www.macromarkets.com). All commencement of trading of the Shares: values. investors and market participants will (1) The Up Trust or the Down Trust has The per-Share IIVs disseminated have access to the administrative agent’s more than 60 days remaining until during Amex trading hours should not Web site at no charge. termination and there are fewer than 50 be viewed as real time updates of the Information regarding secondary record and/or beneficial holders of Up underlying value of an Up MacroShare market prices and volume of the Shares MacroShares or Down MacroShares, and a Down MacroShare, as these values will be broadly available on a real-time respectively, for 30 or more consecutive are calculated only once a day. The basis throughout the trading day on trading days; (2) if the Up Trust or the Exchange believes, however, that brokers’ computer screens and other Down Trust has fewer than 50,000 Up dissemination of the IIVs provides electronic services. The previous day’s MacroShares or Down MacroShares, additional information that is useful to closing price and trading volume respectively, issued and outstanding; or professionals and investors in information will be published daily in (3) if the combined market value of all connection with the trading of the the financial section of newspapers. Shares issued and outstanding for the Shares on the Exchange or the creation Delayed information on futures Up Trust and the Down Trust combined or redemption of Shares. contracts is often publicly available is less than $1,000,000; The Amex will make available from futures exchanges.17 Daily • If the intraday level of the through its in-house systems, for use by settlement prices for the oil futures Applicable Reference Price of Crude Oil the specialist and market makers, the contract designated as the Applicable is no longer calculated or available on IIV values distributed through the Reference Price of Crude Oil for the at least a 15-second delayed basis facilities of the CTA. This data will also Shares is publicly available on during the time the Shares trade on the be available to Amex surveillance NYMEX’s Web site.18 Amex from a source unaffiliated with systems and personnel for their d. Initial and Continued Listing Criteria the sponsor, custodian, depositor, Up purposes. Trading Trust, Down Trading Trust or Availability of Other Information and Amex Rule 1402 sets forth initial and the Exchange that is a major market data Data. At the end of each price continued listing criteria applicable to vendor; determination day, the Amex will also Paired Trust Shares. These criteria are • If the IIV of each Up Trading Share calculate the premium or discount of currently applicable to Holding Shares or Down Trading Share, as the case may the midpoint of the bid/offer for the Up and Tradeable Shares, and the proposed be, is no longer made available on at MacroShares at the close on the Amex rule change would make them least a 15-second delayed basis by a relative to the underlying value per applicable to Trading Shares as well. major market data vendor during the Share for that price determination day, A minimum of 150,000 Up time the shares trade on the Exchange; after the latter is calculated and MacroShares and 150,000 Down • If a replacement benchmark is provided to the Amex by the trustee. MacroShares will be required to be selected for the determination of the The Amex will also perform the same outstanding at the commencement of Applicable Reference Price of Crude Oil, calculation with respect to the Down trading. The Exchange believes that this unless the Exchange files with the MacroShares. The Amex will then post minimum number of outstanding Shares Commission a related proposed rule these premiums/discounts, together at the start of trading is sufficient to change pursuant to Rule 19b–4 under with the end-of-day price information provide adequate market liquidity, and the Act seeking approval to continue for the Shares, on its Web site (http:// it is the same initial minimum trading the Up MacroShares or Down www.amex.com/amextrader). Further, requirement that was applicable to the MacroShares and such rule change is the Amex will post on its Web site any Claymore MACROshares Oil Up approved by the Commission; or corrections made by NYMEX to the Tradeable Shares and the Claymore • If such other event shall occur or Applicable Reference Price of Crude Oil MACROshares Oil Down Tradeable condition exists which in the opinion of that was reported by NYMEX for any Shares (the first series of Paired Trust the Exchange makes further dealings on price determination day. The Amex also Shares to be listed and traded on the the Exchange inadvisable. intends to disseminate a variety of data Exchange). The starting level for the e. Trading Halts with respect to the Shares on a daily Applicable Reference Price of Crude Oil basis by means of CTA and CQ High will be $100 and is based on recent Prior to the commencement of Speed Lines, including quotation and prices for a barrel of light sweet crude trading, the Exchange will issue an last sale data information. oil. The Exchange will obtain a Information Circular (described below) On each price determination day, representation on behalf of the Up Trust to members informing them of, among State Street Bank and Trust Company, and the Down Trust that the underlying other things, Exchange policies the trustee for the Up Trust and the value per share of each Up Share and regarding halts in trading of the Shares. First, the Information Circular 16 The IIV calculated during the period following 17 See e-mail from William Love, Vice President (described below) will advise that the daily opening of trading of the Shares on the and Associate General Counsel, Amex, to trading will be halted in the event the Amex but prior to any trades taking place on the Christopher W. Chow and Ronesha Butler, Special NYMEX in the relevant light sweet crude oil futures Counsels, Commission, dated May 30, 2008 (‘‘May market volatility trading halt parameters contract will be based on the final price of the 30 E-mail’’). set forth in Amex Rule 117 have been futures contract on the prior trading day. 18 See id. reached. In exercising its discretion to

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33124 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

halt or suspend trading in the Shares, opening and customer suitability (Amex optional redemptions of Shares, which the Exchange may also consider other Rule 411). The Shares will trade on the may only be effected in MacroShares relevant factors and the existence of Amex from 9:30 a.m. until either 4 p.m. Units or multiples thereof by unusual conditions or circumstances or 4:15 p.m. Eastern Time each business Authorized Participants (noting in that may be detrimental to the day for each series, as specified by the particular that Shares are not maintenance of a fair and orderly Exchange, and will trade in a minimum individually redeemable); (3) prospectus market. During any trading halt in the price variation of $0.01 pursuant to delivery requirements that are Shares, the underlying light sweet crude Amex Rule 127–AEMI. Trading rules applicable in connection with the oil futures contracts are expected to pertaining to odd-lot trading in Amex purchase of newly issued Shares by continue to trade on the NYMEX equities (Amex Rule 205–AEMI) will investors; (4) applicable Amex rules; (5) because the NYMEX does not provide also apply. dissemination of information regarding for trading halts in these contracts. Amex Rule 154–AEMI(c)(ii) provides the underlying value of each Trust and In the event that (a) The underlying that stop and stop limit orders to buy or the share of that underlying value value of each Trust or the per-Share sell a security the price of which is allocable to one Up MacroShare and one underlying values of each of the Up derivatively priced based upon another Down MacroShare; (6) trading Trading Shares or the Down Trading security or index of securities, may be information; and (7) suitability Shares are not disseminated daily to all elected by a quotation, as set forth in obligations of members with respect to market participants at the same time, (b) subparagraphs (c)(ii)(1)–(4) of Amex recommended transactions to customers the IIV, updated at least every fifteen Rule 154–AEMI . By this rule filing, the in the Shares (see below). (15) seconds, for the underlying value Exchange is designating the Shares as In addition, the Information Circular per Share of the Up Trading Shares or eligible for this treatment.21 In addition, will reference that the Shares are subject the Down Trading Shares is no longer Amex Rule 126A–AEMI complies with to various fees and expenses described being calculated or disseminated by a Rule 611 of Regulation NMS, which in the Registration Statement on Form major market data vendor during the requires, among other things, that the S–1 for the Up MacroShares or the time the Shares trade on the Amex, or Exchange adopt and enforce written Down MacroShares, as applicable.22 (c) the price of the NYMEX light sweet policies and procedures that are The Information Circular will discuss crude oil futures contract is no longer reasonably designed to prevent trade- any exemptive, no-action, and available at least every 15 seconds from throughs of protected quotations. interpretive relief granted by the a major market data vendor during the Members and member organizations Commission from any rules under the time the Shares trade on the Amex 19 will be subject to Commentary .03 to Exchange Act. It will also reference the (e.g., due to a temporary disruption in Amex Rule 1400 prohibiting such fact that the Commission has no connection with either the pricing of the member or member organizations from jurisdiction over the trading of the light sweet crude oil futures contract on entering into the Exchange’s order NYMEX light sweet crude oil futures the NYMEX or the transmission of real routing system multiple limit orders as contract. Finally, the Information time price data from the NYMEX), then agent (i.e., customer agency orders). Circular will also advise members that the Exchange will halt trading.20 g. Information Circular the upside gains to investors are capped However, in the case of (b) or (c) once the price level percentage change involving interruption to the required Prior to the commencement of of the Applicable Reference Price of dissemination of IIVs or futures contract trading, the Exchange will inform its Crude Oil equals or exceeds 100%. prices, the Exchange may consider members and member organizations in relevant factors and exercise its an Information Circular of the special h. Suitability discretion regarding the halt or characteristics and risks associated with The Exchange, in the Information suspension of trading during the day in trading the Shares. Specifically, the Circular referenced above, will inform which the interruption to the Information Circular will discuss the members and member organizations of dissemination of the IIVs or the futures following: (1) What the Shares are; (2) the characteristics of the Trusts and the contract prices occurs. If the the procedures for purchases and paired Shares and of applicable Exchange interruption to the dissemination of the rules, as well as of the requirements of IIVs or the futures contract prices 21 See Securities Exchange Act Release No. 29063 Amex Rule 411 (Duty to Know and persists past the trading day in which it (April 10, 1991), 56 FR 15652 (April 17, 1991) (SR– Approve Customers). Amex–90–31) at note 9, regarding the Exchange’s occurred, the Exchange will halt trading designation of equity derivative securities as The Exchange notes that pursuant to no later than the beginning of the eligible for such treatment by means of a new rule Amex Rule 411, members and member trading day following the interruption. filing with the Commission. In the instant case, the organizations are required in connection price of the Up MacroShares and the Down with recommending transactions in the f. Trading Rules MacroShares are derivatively based upon, and should fluctuate with, the value of the underlying Shares to have a reasonable basis to The Shares are equity securities settlement contracts held by the Up Trust or the believe that a customer is suitable for subject to Amex Rules governing the Down Trust, as the case may be, which settlement the particular investment given trading of equity securities, including, contracts: (1) Determine the amount of the aggregate reasonable inquiry concerning the among others, rules governing priority, assets in the paired Trusts to which each respective customer’s investment objectives, parity and precedence of orders, Trust would be entitled if settlement occurred on that day; and (2) have a value that is determined financial situation, needs, and any other specialist responsibilities and account by the level of the Applicable Reference Price of information known by such member. Crude Oil. Consequently, as with other equity 19 Trading in the MACRO Tradeable Shares will derivative securities designated by the Exchange as i. Surveillance not be halted on the Amex, however, simply eligible under the terms of Securities Exchange Act because price data from the NYMEX based on Release No. 29063 to allow stop and stop limit The Exchange represents that its current trading is not available outside the normal orders to be elected by a quotation, the Exchange surveillance procedures are adequate to open outcry trading hours of light sweet crude oil believes that the derivative pricing relationship to properly monitor the trading of the futures contracts on the NYMEX from 10 a.m. to which the Shares are subject does not present the Shares and to deter and detect 2:30 p.m., Eastern Time. type of opportunity for manipulation and trading 20 In each of these circumstances, the Exchange abuses in connection with elections of stop orders violations of Exchange rules and may contact the Commission staff to discuss the by specialists that the Commission seeks to matter. prohibit. 22 See supra note 4.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33125

applicable federal securities laws.23 necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ Specifically, the Amex will rely on its of the purposes of the Act. rules/sro.shtml). Copies of the existing surveillance procedures submission, all subsequent C. Self-Regulatory Organization’s applicable to derivative securities amendments, all written statements Statement on Comments on the products, including Paired Trust Shares, with respect to the proposed rule Proposed Rule Change Received From to monitor trading in the Shares. In change that are filed with the Members, Participants, or Others addition, the Exchange also has a Commission, and all written general policy prohibiting the Written comments on the proposed communications relating to the distribution of material, non-public rule change were neither solicited nor proposed rule change between the information by its employees. received. Commission and any person, other than those that may be withheld from the The Exchange currently has in place III. Date of Effectiveness of the public in accordance with the a comprehensive surveillance sharing Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be agreement with the NYMEX for the Commission Action purpose of providing information in available for inspection and copying in Within 35 days of the date of connection with trading in, or related to, the Commission’s Public Reference publication of this notice in the Federal futures contracts traded on the NYMEX Room, 100 F Street, NE., Washington, Register or within such longer period (i) that will serve as the Applicable DC 20549, on official business days as the Commission may designate up to Reference Price of Crude Oil. This between the hours of 10 a.m. and 3 p.m. 90 days of such date if it finds such agreement supports the surveillance Copies of such filing also will be longer period to be appropriate and responsibilities of the two exchanges, available for inspection and copying at publishes its reasons for so finding or including monitoring for fraudulent and the principal office of the Exchange. All (ii) as to which the self-regulatory manipulative practices in the trading of comments received will be posted organization consents, the Commission the Shares. The Exchange also notes that without change; the Commission does will: NYMEX is a member of the Intermarket not edit personal identifying A. By order approve such proposed Surveillance Group (‘‘ISG’’) and a information from submissions. You rule change, or should submit only information that signatory to the existing ISG Agreement, B. Institute proceedings to determine as is the Amex. Pursuant to the ISG you wish to make available publicly. All whether the proposed rule change submissions should refer to File Agreement, NYMEX has the obligation should be disapproved. to provide relevant surveillance Number SR–Amex–2008–36 and should The Exchange has requested be submitted on or before June 26, 2008. information in response to a request accelerated approval of this proposed from Amex.24 For the Commission, by the Division of rule change prior to the 30th day after Trading and Markets, pursuant to delegated 2. Statutory Basis the date of publication of the notice of authority.26 the filing thereof. The Commission is Florence E. Harmon, The basis under the Act for this considering granting accelerated Acting Secretary. proposed rule change is the requirement approval of the proposed rule change at 25 under Section 6(b)(5) that a national the end of a 15-day comment period. [FR Doc. E8–13030 Filed 6–10–08; 8:45 am] securities exchange have rules that are BILLING CODE 8010–01–P designed to prevent fraudulent and IV. Solicitation of Comments manipulative acts and practices, to Interested persons are invited to SECURITIES AND EXCHANGE promote just and equitable principles of submit written data, views, and COMMISSION trade, to foster cooperation and arguments concerning the foregoing, coordination with persons engaged in including whether the proposed rule [Release No. 34–57916; File No. SR–Amex– facilitating transactions in securities, to change is consistent with the Act. 2008–14] remove impediments to and perfect the Comments may be submitted by any of mechanism of a free and open market the following methods: Self-Regulatory Organizations; and a national market system, and, in American Stock Exchange LLC; Order general, to protect investors and the Electronic Comments Approving Proposed Rule Change, and public interest. The Exchange believes • Use the Commission’s Internet Amendment No. 1 Thereto, To Amend that the proposed rule amendments will comment form (http://www.sec.gov/ Rule 903C To Permit the Listing and facilitate the listing and trading of rules/sro.shtml); or Trading of Additional Index Options additional types of exchange-traded • Send an e-mail to rule- Series [email protected]. Please include File products that will enhance competition June 4, 2008. among market participants, to the Number SR–Amex–2008–36 on the benefit of investors and the marketplace. subject line. I. Introduction In addition, the listing and trading Paper Comments On February 20, 2008, the American criteria set forth in the proposed rules • Stock Exchange LLC (‘‘Amex’’ or are intended to protect investors and the Send paper comments in triplicate ‘‘Exchange’’) filed with the Securities public interest. to Secretary, Securities and Exchange and Exchange Commission Commission, 100 F Street, NE., (‘‘Commission’’), pursuant to Section B. Self-Regulatory Organization’s Washington, DC 20549–1090. Statement on Burden on Competition 19(b)(1) of the Securities Exchange Act All submissions should refer to File of 1934 (the ‘‘Act’’),1 and Rule 19b–4 The Exchange does not believe that Number SR–Amex–2008–36. This file thereunder,2 a proposed rule change to the proposed rule change will impose number should be included on the amend Rule 903C to permit the listing any burden on competition that is not subject line if e-mail is used. To help the and trading of additional index options Commission process and review your 23 See May 30 E-mail supra note 17. comments more efficiently, please use 26 17 CFR 200.30–3(a)(12). 24 See id. only one method. The Commission will 1 15 U.S.C. 78s(b)(1). 25 15 U.S.C. 78f(b)(5). post all comments on the Commission’s 2 17 CFR 240.19b–4.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33126 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

series that do not meet current exchange.4 In particular, the SECURITIES AND EXCHANGE requirements. On April 24, 2008, Amex Commission finds that the proposal is COMMISSION submitted Amendment No. 1 to the consistent with Section 6(b)(5) of the 5 proposed rule change. The proposed Act, which requires that an exchange [Release No. 34–57918; File No. SR–Amex– rule change was published for comment have rules designed to promote just and 2008–42] in the Federal Register on May 1, 2008.3 equitable principles of trade, to remove The Commission received no comments impediments to and perfect the Self-Regulatory Organizations; on the proposal. This order approves the mechanism of a free and open market American Stock Exchange LLC; Notice proposed rule change, as amended. and a national market system, and, in of Filing and Order Granting II. Description of the Proposal general, to protect investors and the Accelerated Approval of Proposed The Exchange proposes to add new public interest. Rule Change Relating to Equity Linked Commentary .06 to Rule 903C to permit The Commission notes that in order Term Notes the listing and trading of additional for Amex to list any additional June 4, 2008. index options series that do not meet expiration month series of an index current Rule 903C requirements if such option class pursuant to new Pursuant to Section 19(b)(1) of the options series are listed on at least one Commentary .06 to Rule 903C, such Securities Exchange Act of 1934 1 2 other national securities exchange in series must: (1) Be already listed on (‘‘Act’’) and Rule 19b–4 thereunder, accordance with the applicable rules of another options exchange; (2) belong to notice is hereby given that on May 16, such exchange for the listing and an index options class that has been 2008, the American Stock Exchange LLC trading of index options. For each specifically reviewed and approved by (‘‘Amex’’ or ‘‘Exchange’’) filed with the additional options series listed by the the Commission under Section 19(b)(2) Securities and Exchange Commission Exchange pursuant to proposed of the Act or that complies with (‘‘Commission’’) the proposed rule Commentary .06, the Exchange would Commentary .02 or .03 to Rule 901C; change as described in Items I and II submit a proposed rule change with the and (3) Amex must submit a proposed below, which Items have been Commission that is effective upon filing rule change with the Commission that is substantially prepared by the Exchange. within the meaning of Section effective upon filing within the meaning This order provides notice of the 19(b)(3)(A) of the Act. of Section 19(b)(3)(A) of the Act.6 In proposed rule change and approves it Rule 903C provides the mechanism on an accelerated basis. for the Exchange to list or open options addition, the Commission notes that the expiration month series on particular proposal would allow Amex the ability I. Self-Regulatory Organization’s index options classes approved for to quickly list and trade additional Statement of the Terms of Substance of listing and trading on the Exchange. expiration month series of an index the Proposed Rule Change Currently, up to six expiration month options class based on the listing of the series may be listed at any one time. series by another options exchange. The Exchange proposes to revise Section 107B of the Amex Company Amex Rule 903C(a) permits the IV. Conclusion Exchange to open options expiration Guide (‘‘Company Guide’’) to clarify 3 month series on approved index options It is therefore ordered, pursuant to that Rule 19b–4(e) under the Act classes as follows: (i) Consecutive Section 19(b)(2) of the Act,7 that the applies to the listing of equity-linked 4 Month Series; (ii) Cycle Month Series; proposed rule change (SR–Amex–2008– term notes (‘‘ELNs’’) that meet the (iii) Long-Term Options Series; (iv) 14), as modified by Amendment No. 1, generic listing criteria of Section 107B. Short-Term (1 week) Options Series; is hereby approved. The text of the proposed rule change is and (v) Quarterly Options Series. This available at Amex’s principal office, the proposal seeks to permit the Exchange For the Commission, by the Division of Commission’s Public Reference Room, to list additional index options Trading and Markets, pursuant to delegated 8 and http://www.amex.com. expiration month series if another authority. options exchange does so, regardless of Florence E. Harmon, II. Self-Regulatory Organization’s whether the additional series listing Acting Secretary. Statement of the Purpose of, and complies with the requirements of Rule [FR Doc. E8–13038 Filed 6–10–08; 8:45 am] Statutory Basis for, the Proposed Rule Change 903C. BILLING CODE 8010–01–P Consistent with this proposal, the index options class must either be In its filing with the Commission, specifically reviewed and approved by Amex included statements concerning the Commission under Section 19(b)(2) the purpose of, and basis for, the of the Act and rules thereunder, or proposed rule change. The text of these comply with Commentary .02 or .03 to statements may be examined at the Rule 901C, for the Exchange to be able places specified in Item III below. Amex 4 to list the additional series. In approving this proposed rule change, the has prepared summaries, set forth in Commission notes that it has considered the Sections A, B, and C below, of the most III. Discussion and Commission proposed rule’s impact on efficiency, competition, significant aspects of such statements. Findings and capital formation. 15 U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(5). The Commission finds that the 6 Commentary .02 (Broad Stock Index Groups) proposed rule change is consistent with and Commentary .03 (Stock Index Industry Groups) 1 15 U.S.C. 78s(b)(1). the requirements of the Act and the of Rule 901C provide the requirements that must be 2 17 CFR 240.19b–4. rules and regulations thereunder met before those specific options groups may be 3 17 CFR 240.19b–4(e). applicable to a national securities traded on the Exchange pursuant to Rule 19b–4(e) 4 ELNs are the non-convertible debt of an issuer, under the Act. whose value is based, at least in part, on the value 3 See Securities Exchange Act Release No. 57707 7 15 U.S.C. 78s(b)(2). of another issuer’s common stock or non- (April 24, 2008), 73 FR 24098 (‘‘Notice’’). 8 17 CFR 200.30–3(a)(12). convertible preferred stock.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33127

A. Self-Regulatory Organization’s market performance of up to 30 Paper Comments Statement of the Purpose of, and common stocks or non-convertible • Send paper comments in triplicate Statutory Basis for, the Proposed Rule preferred stocks will be considered for to Secretary, Securities and Exchange Change listing, pursuant to Rule 19b–4(e) under Commission, 100 F Street, NE., the Act, as long as the applicable 1. Purpose Washington, DC 20549–1090. conditions set forth in Section 107B are All submissions should refer to File Section 107B of the Amex Company met. Thus, within five business days Number SR–Amex–2008–42. This file Guide details the Exchange’s listing after commencement of trading of an number should be included on the criteria for ELNs. The original listing ELN in reliance on Section 107B, the subject line if e-mail is used. To help the criteria for Section 107B were approved Exchange would file a Form 19b–4(e) Commission process and review your in 1990 and amended to reflect specific with the Commission. standards for ELNs 5 prior to the comments more efficiently, please use adoption of Rule 19b–4(e) under the 2. Statutory Basis only one method. The Commission will Act.6 The listing criteria allowed Amex The proposed rule change is post all comments on the Commission’s to list ELNs that met the standards set consistent with Section 6(b) of the Act 10 Internet Web site (http://www.sec.gov/ forth in Section 107B of the Company in general, and furthers the objectives of rules/sro.shtml ). Copies of the Guide. In this manner, the Exchange Section 6(b)(5) of the Act 11 in submission, all subsequent was able to list ELNs linked to a basket particular, in that it is designed to amendments, all written statements of up to 30 securities, as long as prevent fraudulent and manipulative with respect to the proposed rule specified standards were met.7 acts and practices, to promote just and change that are filed with the Rule 19b–4(e) provides that the listing equitable principles of trade, to remove Commission, and all written and trading of a new derivative impediments to and perfect the communications relating to the securities product by a self-regulatory mechanism of a free and open market proposed rule change between the organization shall not be deemed a and a national market system, and, in Commission and any person, other than proposed rule change, pursuant to general, to protect investors and the those that may be withheld from the paragraph (c)(1) of Rule 19b–4,8 if the public interest. public in accordance with the Commission has approved, pursuant to The Exchange submits that the provisions of 5 U.S.C. 552, will be Section 19(b) of the Act,9 the self- proposal meets the forgoing objectives available for inspection and copying in regulatory organization’s trading rules, by clarifying the application of Rule the Commission’s Public Reference procedures, and listing criteria for the 19b–4(e) under the Act to Section 107B Room, 100 F Street, NE., Washington, product class that would include the of the Company Guide and providing DC 20549, on official business days new derivative securities product, and notice to the Commission of new between the hours of 10 a.m. and 3 p.m. the self-regulatory organization has a products listed under Section 107B. Copies of the filing also will be available surveillance program for the product for inspection and copying at the B. Self-Regulatory Organization’s principal office of the Exchange. All class. Statement on Burden on Competition The Exchange proposes to revise comments received will be posted Section 107B of the Company Guide, Amex does not believe that the without change; the Commission does which sets forth Amex’s listing criteria proposed rule change will impose any not edit personal identifying for ELNs, to clarify that the listing and burden on competition that is not information from submissions. You trading of ELNs on Amex is subject to necessary or appropriate in furtherance should submit only information that Rule 19b–4(e) under the Act. Section of the purposes of the Act. you wish to make available publicly. All submissions should refer to File 107B of the Company Guide would C. Self-Regulatory Organization’s Number SR–Amex–2008–42 and should provide that income instruments which Statement on Comments on the be submitted on or before July 2, 2008. are linked, in whole or in part, to the Proposed Rule Change Received From Members, Participants or Others III. Commission’s Findings and Order 5 See Securities Exchange Act Release No. 27753 Granting Accelerated Approval of the (March 1, 1990), 55 FR 8626 (March 8, 1990) (SR– No written comments were solicited Amex–89–29) (approving listing standards to or received with respect to the proposed Proposed Rule Change accommodate new securities not readily categorized rule change. After careful consideration, the under Amex’s traditional listing guidelines for Commission finds that the proposed common and preferred stocks, bonds, debentures, III. Solicitation of Comments and warrants); Securities Exchange Act Release No. rule change is consistent with the 32343 (May 20, 1993), 58 FR 30833 (May 27, 1993) Interested persons are invited to requirements of the Act and the rules (SR–Amex–92–42) (approving rules for the listing submit written data, views, and and regulations thereunder applicable to and trading of ELNs based on a single security). arguments concerning the foregoing, a national securities exchange.12 In 6 See Securities Exchange Act Release No. 40761 including whether the proposed rule (December 8, 1998), 63 FR 70952 (December 22, particular, the Commission finds that 1998) (New Products Release adopting Rule 19b– change is consistent with the Act. the proposed rule change is consistent 4(e)). Comments may be submitted by any of with Section 6(b)(5) of the Act 13— 7 See Securities Exchange Act Release No. 42582 the following methods: which requires that the rules of an (March 27, 2000), 65 FR 17685 (April 4, 2000) (SR– exchange be designed, among other Amex–99–42) (approving listing standards for ELNs Electronic Comments things, to prevent fraudulent and based on a basket of up to 20 equity securities); • Use the Commission’s Internet Securities Exchange Act Release No. 47055 manipulative acts and practices, to comment form (http://www.sec.gov/ (December 19, 2002), 67 FR 79669 (December 30, promote just and equitable principles of rules/sro.shtml ); or 2002) (SR–Amex–2002–110) (amending the trade, to remove impediments to and standards to allow for the listing of ELNs based on • Send an e-mail to rule- a basket of up to 30 equity securities). Clarified in [email protected]. Please include File perfect the mechanism of a free and an e-mail from Jeffrey Burns, Vice President and Number SR–Amex–2008–42 on the Associate General Counsel, Amex, to Mitra Mehr, 12 In approving this rule change, the Commission Special Counsel, Division of Trading and Markets, subject line. notes that it has considered the proposed rule’s Commission, dated June 2, 2008. impact on efficiency, competition, and capital 8 17 CFR 240.19b–4(c)(1). 10 15 U.S.C. 78f(b). formation. See 15 U.S.C. 78c(f). 9 15 U.S.C. 78s(b). 11 15 U.S.C. 78f(b)(5). 13 15 U.S.C. 78f(b)(5).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33128 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

open market and a national market I. Self-Regulatory Organization’s calculation uses daily returns for the system, and, in general, to protect Statement of the Terms of Substance of three-month period relative to an investors and the public interest— the Proposed Rule Change average (mean) daily price return of zero. Three-month realized volatility is because it seeks to clarify that the The Exchange proposes to amend the square root of three-month realized Exchange’s listing and trading of ELNs certain of its rules, including Rules 5.5, variance. The Exchange also proposes to is subject to Rule 19b–4(e) under the 24.1, and 24.9, to provide for the listing make technical changes to some of the Act. and trading of options that overlie two rules that would be amended in order to The Commission finds good cause for statistical measurements of market list and trade realized variance and approving this proposal before the 30th variability: Realized variance and realized volatility options. day after the publication of notice realized volatility of the S&P 500 Currently, the Exchange lists and thereof in the Federal Register. The Composite Stock Price Index (‘‘S&P 500 trades options on the 30-day implied Commission notes that it has recently Index’’). CBOE S&P 500 Three-Month volatility of the S&P 500 Index (CBOE approved similar proposals of other Realized Variance options and CBOE Volatility Index (‘‘VIX’’) options).3 With exchanges,14 and Amex’s proposal does S&P 500 Three-Month Realized the introduction of realized variance not raise any novel regulatory issues. Volatility options would be cash-settled and realized volatility options, market and have European-style exercise. The IV. Conclusion participants would be able to trade text of the rule proposal and proposed options that settle to the actual or contract specifications for CBOE S&P It is therefore ordered, pursuant to realized volatility of the S&P 500 Index 15 500 Three-Month Realized Variance Section 19(b)(2) of the Act, that the that has accrued over a three-month options are available on the Exchange’s proposed rule change (SR–Amex–2008– time period. Different from VIX options, Web site (http://www.cboe.org/legal), at 42) be, and it hereby is, approved on an realized variance and realized volatility the Exchange’s Office of the Secretary accelerated basis. options would allow market and at the Commission. For the Commission, by the Division of participants to take a position on what Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s they anticipate the actual volatility of authority.16 Statement of the Purpose of, and the S&P 500 Index would be at Florence E. Harmon, Statutory Basis for, the Proposed Rule expiration. In addition, the Exchange Acting Secretary. Change also notes that realized variance [FR Doc. E8–13039 Filed 6–10–08; 8:45 am] In its filing with the Commission, the contracts are a popular and successful BILLING CODE 8010–01–P Exchange included statements product in the over-the-counter (‘‘OTC’’) concerning the purpose of, and basis for, market. By providing a listed and the proposed rule change and discussed standardized market for realized SECURITIES AND EXCHANGE variance and realized volatility options, COMMISSION any comments it received on the proposed rule change. The text of these the Exchange seeks to attract investors statements may be examined at the who desire to trade options on realized [Release No. 34–57913; File No. SR–CBOE– places specified in Item IV below. The variance and realized volatility but at 2008–31] Exchange has prepared summaries, set the same time prefer the certainty and forth in Sections A, B, and C below, of safeguards of a regulated and Self-Regulatory Organizations; standardized marketplace. Chicago Board Options Exchange, the most significant aspects of such Incorporated; Notice of Filing of statements. Calculation of Realized Variance and Proposed Rule Change to List and A. Self-Regulatory Organization’s Realized Volatility Trade CBOE S&P 500 Three-Month Statement of the Purpose of, and The formula for three-month realized Realized Variance Options and CBOE Statutory Basis for, the Proposed Rule variance and three-month realized S&P 500 Three-Month Realized Change volatility uses continuously Volatility Options compounded daily returns for a three- 1. Purpose month period assuming a mean daily June 3, 2008. The purpose of the proposed rule price return of zero. The calculated Pursuant to Section 19(b)(1) of the change is to permit the Exchange to list realized variance is then annualized Securities Exchange Act of 1934 and trade cash-settled options having assuming 252 business days per year.4 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 European-style exercise on two The exercise-settlement value for CBOE notice is hereby given that on May 23, statistical measurements of market S&P 500 Three-Month Realized 2008, the Chicago Board Options variability: Realized variance and Variance options is 10,000 times the Exchange, Incorporated (‘‘Exchange’’ or realized volatility of the S&P 500 Index. three-month realized variance of the ‘‘CBOE’’) filed with the Securities and These statistical measurements are S&P 500 Index, and the exercise- Exchange Commission (‘‘Commission’’) attributes of and based on a broad-based settlement value for CBOE S&P 500 the proposed rule change as described security index (i.e., S&P 500 Index). Three-Month Realized Volatility options in Items I, II, and III below, which Items Three-month realized variance is a is 100 times the three-month realized have been substantially prepared by the measure of the historical variability of volatility of the S&P 500 Index, both of Exchange. The Commission is the S&P 500 Index, based on actual which are calculated using the publishing this notice to solicit prices that have been reported, or following standardized formula: comments on the proposed rule change ‘‘realized,’’ historically looking back REALIZED VARIANCE AND REALIZED from interested persons. over a three-month period. The VOLATILITY FORMULAS:

14 See, e.g., Chicago Board Options Exchange Rule 16 17 CFR 200.30–3(a)(12). measures implied volatility, but the Exchange 31.5; Securities Exchange Act Release No. 57758 1 15 U.S.C. 78s(b)(1). currently does not list VXV options. (May 1, 2008), 73 FR 25814 (May 7, 2008) (SR– 2 17 CFR 240.19b–4. 4 The annualization factor for realized volatility is CBOE–2008–44). 3 The Exchange also calculates the CBOE S&P 500 the square root of 252. 15 15 U.S.C. 78s(b)(2). Three-Month Volatility Index (‘‘VXV’’), which

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33129

−  Na 1  ×−2 () Realized Variance = 252  ∑ RNi e 1   i=1 

−  Na 1  =×2 () − Realized Volattility = Realized Variance252 ∑ Ri Ne 1   i=1 

Where: S&P 500 Index SOQ on Friday, The exercise-settlement value for September 19, 2008. CBOE S&P 500 Three-Month Realized Ri = ln (Pi∂1/Pi)—Daily return of the S&P As described above, three-month Volatility options would be 100 times 500 Index from Pi to Pi∂1. realized variance and three-month the three-month realized volatility of the Pi∂1 = The final value of the S&P 500 Index realized volatility would be calculated S&P 500 Index. Realized volatility used to calculate the daily return. using actual daily values of the S&P 500 would be quoted in volatility points and Pi = The initial value of the S&P 500 Index used to calculate the daily return. Index, which is a broad-based security fractions and one point would equal Ne = Number of expected S&P 500 Index index. By extension, products based on $100. The minimum tick size for series values needed to calculate daily returns statistical measurements that are trading below 3.00 would be 0.05 point during the three-month period. The total derived from S&P 500 Index values ($5.00) and the minimum tick for series number of daily returns expected during should similarly be treated as products trading at and above 3.00 would be 0.10 ¥ the three-month period is Ne 1. based directly on S&P 500 Index values. point ($10.00). The minimum strike Na = The actual number of S&P 500 Index For purposes of CBOE’s rules, the price interval would be $1.00. values used to calculate daily returns indicative values for three-month The Exchange proposes to list series during the three-month period. Generally, the actual number of S&P 500 realized variance and three-month at $1 or greater strike price intervals on Index values will equal the expected realized volatility shall be treated as CBOE S&P 500 Three-Month Realized number of S&P 500 Index values indexes. Volatility options. The Exchange (represented by Ne). However, if one or Currently, CBOE calculates indicative believes that $1 strike price intervals more ‘‘market disruption events’’ occurs values for implied and realized would provide investors with greater during the three-month period, the variance, and publishes those values flexibility by allowing them to establish actual number of S&P 500 Index values daily after the close of trading. The positions that are better tailored to meet will be less than the expected number of CBOE S&P 500 Implied Variance S&P 500 Index values by an amount their investment objectives. CBOE equal to the number of market disruption indicator (‘‘IUG’’) is a measure of the believes that traders would likely use events that occurred during the three- market’s expectation of future variance the related CBOE S&P 500 Three-Month month period. The total number of actual of the S&P 500 Index that is implied by Variance futures contract price as a daily returns during the three-month the daily settlement price of the front- proxy for the ‘‘current index level.’’ This ¥ period is Na 1. month CBOE S&P 500 Three-Month is because the futures contract price For purposes of calculating the Variance futures contract.6 The CBOE reflects: (i) The realized variance of the respective exercise-settlement value to S&P 500 Realized Variance indicator S&P 500 Index experienced to date; and which the options would settle, realized (‘‘RUG’’) is a measure of the realized (ii) the market’s expectation of the variance and realized volatility are variance of the S&P 500 Index from the future variance of the S&P 500 Index at calculated from a series of values of the beginning of the three-month period to expiration of the respective contract. S&P 500 Index beginning with the the current date. IUG and RUG are CBOE believes that using futures prices Special Opening Quotation (‘‘SOQ’’) of disseminated through the Options Price is an accurate and transparent method the S&P 500 Index on the first day of the Reporting Authority (‘‘OPRA’’) and are for determining the ‘‘current index three-month period, and ending with publicly available through most price level’’ used to center the range in which the S&P 500 Index SOQ on the last day quote vendors.7 $1 or greater strikes in CBOE S&P 500 5 of the three-month period. All other Options Trading Three-Month Realized Volatility options values in the series are closing values of would be listed.9 the S&P 500 Index. The exercise-settlement value for Initially, the Exchange would list at For example, the final exercise- CBOE S&P 500 Three-Month Realized least two strike prices above and two settlement value to which a CBOE S&P Variance options would be 10,000 times strike prices below the square root of the 500 Three-Month Realized Variance the three-month realized variance of the related CBOE S&P 500 Three-Month option contract expiring on Friday, S&P 500 Index. Realized variance would Variance futures contract price at or September 19, 2008 would settle would be quoted in variance points and about the time a series is opened for be calculated using the S&P 500 Index fractions and one point would equal trading on the Exchange. As part of this SOQ on Friday, June 20, 2008, the $50. The minimum tick size for all closing prices of the S&P 500 Index from series would be 0.10 point ($5.00) and 9 The Commission has approved the listing of Monday, June 23, 2008 through the minimum strike price interval options and LEAPS in $1 strike intervals, and the would be $5.00.8 use of futures prices in setting those strike intervals, Thursday, September 18, 2008 and the for all other implied volatility products approved for listing and trading on the Exchange. See Rule 5 The SOQ is calculated per normal index 6 CBOE Futures Exchange, LLC (‘‘CFE’’) currently 24.9.01(e)(ii). See also Securities Exchange Act calculation procedures and uses the opening (first) lists CBOE S&P 500 Three-Month Realized Variance Release Nos. 54192 (July 21, 2006), 71 FR 43251 reported sales price in the primary market of each future contracts, which commenced trading on May (July 31, 2006) (SR–CBOE–2006–27) ($1 strikes for component stock in the index on the last business 18, 2004. VIX options); 55425 (March 8, 2007), 72 FR 12238 day (usually a Friday) before the expiration date. If 7 These values can be accessed by typing in the (March 15, 2007) (SR–CBOE–2006–73) ($1 strikes a stock in the index does not open on the day on ticker symbol (IUG or RUG) at the following Web for RVX options); 56813 (November 19, 2007), 72 which the exercise-settlement value is determined, page: http://cfe.cboe.com/DelayedQuote/ FR 66211 (November 27, 2007) (SR–CBOE–2007– the last reported sales price in the primary market SSFQuote.aspx. 52) ($1 strikes for VXD and VXN options and $1 is used to calculate the exercise-settlement value. 8 See Rules 5.5 and 24.9. strikes for RVX, VIX, VXD and VXN LEAPS).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES EN11JN08.000 33130 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

initial listing, the Exchange would list Rule 5.5, Series of Option Contracts options. Because realized variance and strike prices that are within 5 points Open for Trading, which would be an realized volatility are calculated using from the square root of the related CBOE internal cross reference stating that the values of the S&P 500 Index, the S&P 500 Three-Month Variance futures intervals between strike prices for CBOE Exchange believes that the position and contract price on the preceding day. S&P 500 Three-Month Realized exercise limits for these new products As for additional series, the Exchange Volatility options series would be should be the same as those for broad- would be permitted to add additional determined in accordance with based index options (e.g., SPX, for series when the Exchange deems it proposed new Interpretation and Policy which there are no position limits). necessary to maintain an orderly .01(g) to Rule 24.9. CBOE S&P 500 Three-Month Realized market, to meet customer demand or Exercise and Settlement Variance options and CBOE S&P 500 when the square root of the related Three-Month Realized Volatility options CBOE S&P 500 Three-Month Variance The proposed options would expire would be subject to the same reporting futures contract price moves on the Saturday following the third and other requirements triggered for substantially from the initial exercise Friday of the expiring month. Trading in other options dealt in on the price or prices. To the extent that any the expiring contract month would Exchange.10 additional strike prices are listed by the normally cease at 3:15 p.m. Chicago Exchange, such additional strike prices time on the business day preceding the Exchange Rules Applicable shall be within thirty percent (30%) last day of trading (ordinarily the above or below the square root of the Thursday before expiration Saturday, As stated above, for purposes of related CBOE S&P 500 Three-Month unless there is an intervening holiday). CBOE’s rules, the indicative values for Variance futures contract price. The When the last trading day is moved three-month realized variance and Exchange would also be permitted to because of an Exchange holiday (such as three-month realized volatility shall be open additional strike prices that are when CBOE is closed on the Friday treated as indexes. Except as modified more than 30% above or below the before expiration), the last trading day by this proposal, the rules in Chapters square root of the related CBOE S&P 500 for expiring options would be Thursday. I through XIX, XXIV, XXIVA, and Three-Month Variance futures contract As described above, the exercise- XXIVB would equally apply to CBOE price, provided that demonstrated settlement value would be calculated S&P 500 Three-Month Realized customer interest exists for such series, from a series of values of the S&P 500 Variance options and CBOE S&P 500 as expressed by institutional, corporate Index beginning with the SOQ of the Three-Month Realized Volatility or individual customers or their brokers. S&P 500 Index on the first day of the options. Market-makers trading for their own three-month period, and ending with CBOE S&P 500 Three-Month Realized account would not be considered when the S&P 500 Index SOQ on the last day Variance options and CBOE S&P 500 determining customer interest. In of the three-month period. All other Three-Month Realized Volatility options addition to the initial listed series, the values in the series are closing values of would be margined as ‘‘broad-based Exchange proposes to list up to sixty the S&P 500 Index. index’’ options, and under CBOE rules, (60) additional series per expiration The exercise-settlement amount is especially, Rule 12.3(c)(5)(A), the month for each series in CBOE S&P 500 equal to the difference between the margin requirement for a short put or Three-Month Realized Volatility exercise-settlement value and the call shall be 100% of the current market options. Further, LEAPS on CBOE S&P exercise price of the option multiplied value of the contract plus up to 15% of 500 Three-Month Realized Volatility by $50 for CBOE S&P 500 Three-Month the respective underlying indicative options would not be listed at intervals Realized Variance options and value. Additional margin may be less than $1. multiplied by $100 for CBOE S&P 500 required pursuant to Exchange Rule The Exchange also proposes to set Three-Month Realized Volatility 12.10. forth a delisting policy with respect to options. CBOE S&P 500 Three-Month Realized The Exchange proposes that CBOE Volatility options. Specifically, the Surveillance S&P 500 Three-Month Realized Exchange would, on a monthly basis, The Exchange would use the same Variance options and CBOE S&P 500 review series that are outside a range of surveillance procedures currently Three-Month Realized Volatility options five (5) strikes above and five (5) strikes utilized for each of the Exchange’s other be eligible for trading as Flexible below the square root of the related index options to monitor trading in Exchange Options as provided for in CBOE S&P 500 Three-Month Variance CBOE S&P 500 Three-Month Realized Chapters XXIVA (Flexible Exchange futures contract price and delist series Variance options and CBOE S&P 500 Options) and XXIVB (FLEX Hybrid with no open interest in both the put Three-Month Realized Volatility Trading System). and the call series having a: (i) Strike options. The Exchange represents that Capacity higher than the highest strike price with these surveillance procedures are open interest in the put and/or call adequate to monitor trading in options CBOE has analyzed its capacity and series for a given expiration month; and on these option products. For represents that it believes the Exchange (ii) strike lower than the lowest strike surveillance purposes, the Exchange and the Options Price Reporting price with open interest in the put and/ would have complete access to Authority have the necessary systems or call series for a given expiration information regarding trading activity in capacity to handle the additional traffic month. the pertinent underlying securities (i.e., associated with the listing of new series Notwithstanding the proposed S&P 500 Index component securities). that would result from the introduction delisting policy, customer requests to of CBOE S&P 500 Three-Month Realized add strikes and/or maintain strikes in Position Limits Variance options and CBOE S&P 500 CBOE S&P 500 Three-Month Realized The Exchange is not proposing to Three-Month Realized Volatility Volatility option series eligible for establish any position limits for CBOE options. delisting shall be granted. S&P 500 Three-Month Realized The Exchange also proposes to add Variance options and CBOE S&P 500 10 See Rule 4.13, Reports Related to Position new Interpretation and Policy .11 to Three-Month Realized Volatility Limits.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33131

Technical Changes 90 days of such date if it finds such you wish to make available publicly. All The Exchange proposes to make longer period to be appropriate and submissions should refer to File technical changes to Rules 24.4.03, publishes its reasons for so finding or Number SR–CBOE–2008–31 and should 24.4.04, and 24.5, Exercise Limits by (ii) as to which the self-regulatory be submitted on or before July 2, 2008. adding ‘‘VIX, VXN and VXD’’ to the rule organization consents, the Commission For the Commission, by the Division of text.11 The Exchange proposes to make will: Trading and Markets, pursuant to delegated technical changes to Rules 24A.7(b), A. By order approve such proposed authority.15 24A.8(a), 24B.7(b), and 24B.8(a), by rule change, or Florence E. Harmon, B. institute proceedings to determine adding the parenthetical phrase, whether the proposed rule change Acting Secretary. ‘‘including reduced-value option should be disapproved. [FR Doc. E8–13019 Filed 6–10–08; 8:45 am] contracts’’ to the rule text. These FLEX BILLING CODE 8010–01–P rules already contemplate reduced- IV. Solicitation of Comments value option contracts, and the Interested persons are invited to proposed changes are consistent with submit written data, views, and SECURITIES AND EXCHANGE the treatment of non-FLEX reduced- arguments concerning the foregoing, COMMISSION value option contracts.12 including whether the proposed rule [Release No. 34–57927; File No. SR– 2. Statutory Basis change is consistent with the Act. NYSEArca–2008–54] Comments may be submitted by any of The proposed rule change is Self-Regulatory Organizations; NYSE consistent with Section 6(b) 13 of the Act the following methods: Arca, Inc.; Notice of Filing of Proposed in general and furthers the objectives of Electronic Comments Rule Change, as Modified by Section 6(b)(5) 14 in particular in that it • Use the Commission’s Internet Amendment No. 1, To Amend Rules would permit trading in options based comment form (http://www.sec.gov/ 6.62 and 6.91 Describing Complex on the index pursuant to rules designed rules/sro.shtml); or Orders, Complex Order Priority, and to prevent fraudulent and manipulative • Send an e-mail to rule- Complex Order Execution acts and practices and to promote just [email protected]. Please include File and equitable principles of trade, and No. SR–CBOE–2008–31 on the subject June 5, 2008. thereby would provide investors with line. Pursuant to Section 19(b)(1) of the the ability to invest in options that Securities Exchange Act of 1934 provide statistical measurements of Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 market variability. • Send paper comments in triplicate notice is hereby given that on May 23, B. Self-Regulatory Organization’s to Secretary, Securities and Exchange 2008, NYSE Arca, Inc. (‘‘NYSE Arca’’ or Statement on Burden on Competition Commission, 100 F Street, NE., the ‘‘Exchange’’) filed with the Washington, DC 20549–1090. Securities and Exchange Commission CBOE believes that the proposed rule All submissions should refer to File (‘‘Commission’’) the proposed rule change does not impose any burden on change as described in Items I, II, and competition that is not necessary or Number SR–CBOE–2008–31. This file III below, which Items have been appropriate in furtherance of the number should be included on the substantially prepared by the Exchange. purposes of the Act. subject line if e-mail is used. To help the Commission process and review your On June 5, 2008, the Exchange filed C. Self-Regulatory Organization’s comments more efficiently, please use Amendment No. 1 to the proposed rule Statement on Comments on the only one method. The Commission will change.3 The Commission is publishing Proposed Rule Change Received From post all comments on the Commission’s this notice to solicit comments on the Members, Participants or Others Internet Web site (http://www.sec.gov/ proposed rule change, as amended, from The Exchange has not solicited, and rules/sro.shtml). Copies of the interested persons. does not intend to solicit, comments on submission, all subsequent I. Self-Regulatory Organization’s this proposed rule change. The amendments, all written statements Statement of the Terms of Substance of Exchange has not received any with respect to the proposed rule the Proposed Rule Change unsolicited written comments from change that are filed with the members or other interested parties. Commission, and all written The Exchange proposes to modify communications relating to the Rules 6.62 and 6.91 describing Complex III. Date of Effectiveness of the proposed rule change between the Orders, Complex Order Priority, and Proposed Rule Change and Timing for Commission and any person, other than Complex Order Execution. The text of Commission Action those that may be withheld from the the proposed rule change is available at Within 35 days of the date of public in accordance with the the principal office of NYSE Arca, at the publication of this notice in the Federal provisions of 5 U.S.C. 552, will be Commission’s Public Reference Room, Register or within such longer period (i) available for inspection and copying in and at http://www.nyse.com. as the Commission may designate up to the Commission’s Public Reference II. Self-Regulatory Organization’s Room, 100 F Street, NE., Washington, Statement of the Purpose of, and 11 The Exchange inadvertently neglected to DC 20549, on official business days Statutory Basis for, the Proposed Rule request the Commission’s approval to add ‘‘VIX, between the hours of 10 a.m. and 3 p.m. VXN and VXD’’ to the respective rule text when the Change position limits for these products were eliminated. Copies of such filing also will be available for inspection and copying at In its filing with the Commission, the See Securities Exchange Act Release No. 54019 Exchange included statements (June 20, 2006), 71 FR 36569 (June 27, 2006) (SR– the principal office of the Exchange. All CBOE–2006–55). comments received will be posted 12 See Securities Exchange Act Release No. 56350 15 17 CFR 200.30–3(a)(12). (September 4, 2007), 72 FR 51878 (September 11, without change; the Commission does 1 15 U.S.C. 78s(b)(1). 2007) (SR–CBOE–2007–79). not edit personal identifying 2 17 CFR 240.19b–4. 13 15 U.S.C. 78f(b). information from submissions. You 3 Amendment No. 1 updates cross references to 14 15 U.S.C. 78f(b)(5). should submit only information that recently renumbered rules.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33132 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

concerning the purpose of, and basis for, short three at the money puts, long two To illustrate how the proposal would the proposed rule change and discussed out of the money puts. Each of these work, suppose, for instance, the markets any comments it received on the represents a legitimate investment for two call series is as follows: proposed rule change. The text of these strategy to limit risk or unwind an XYZ July 30 2.20–2.40 10 × 10 statements may be examined at the already established position in a XYZ July 35 1.10–1.25 10 × 10 places specified in Item IV below. The portfolio. A Complex Order is entered to Buy 10 Exchange has prepared summaries, set To provide for greater flexibility in July 30/Sell 10 July 35 for a Net Debit forth in Sections A, B, and C below, of the design and use of complex of 1.30. The Complex Matching Engine the most significant aspects of such strategies, NYSE Arca proposes to checks the Consolidated Book and finds statements. eliminate specific complex order types there are no Complex Orders willing to described in Rule 6.62, and adopt a sell the strategy, so it executes against A. Self-Regulatory Organization’s generic definition approved for use for Statement of the Purpose of, and the leg markets at prices of 2.40 for the exemption from Trade Through Liability July 30 calls and 1.10 for the July 35 Statutory Basis for, the Proposed Rule by the Options Linkage Authority as Change calls. described in the Plan For The Purpose With the same leg markets available, 1. Purpose Of Creating And Operating An another Complex Order is sent to NYSE Intermarket Option Linkage (‘‘Linkage Arca to Buy 10 July 30/Sell 10 July 35 For many years, the options Plan’’). The Exchange believes this will exchanges have recognized that for a Net Debit of 1.00. Since the screen give investors greater flexibility in market is .95–1.30, the order would not strategies involving more than one creating strategies that may be processed option series or more than one execute but route to the Consolidated electronically with greater accuracy and Book and post with a debit of 1.00. This instrument associated with an less intermediation than the present underlying security are different from would be disseminated to all NYSE manual methods. Arca market participants. An order to regular buy and sell orders for a single Proposed Rule 6.91 describes the Sell July 30/Buy July 35 for a credit of series, and orders to achieve such entry of Complex Orders in the 1.00 arrives. It is routed directly to the strategies should be defined separately. Consolidated Book and the operation of Complex Matching Engine, where it is As the sophistication of the industry has a Complex Matching Engine. The matched against the posted order, and grown, so have the strategies, and the Complex Matching Engine is the priced at the first available prices found options exchanges have regularly added mechanism in which Complex Orders in the Complex Matching Engine, new strategies to the list of defined are executed against each other or complex order types. The investing against individual quotes and orders in which, under this scenario, are 2.20 and industry, however, creates new, the Consolidated Book. Complex Orders 1.20. The Exchange proposes, however, that legitimate investment strategies that do in the Consolidated Book will be if the individual leg markets are pricing not necessarily fit into one of the narrow available to all market participants via the strategy at the same price as the definitions for complex order types that an electronic interface. NYSE Arca posted Complex Order, an order sent to the exchanges presently use. These proposes that Complex Orders be be executed against the posted order order types are often developed for a ranked in the Consolidated Book in particular strategy, specific to a strict price time based on the strategy will instead execute against the particular issue. The Exchange believes and the total or net debit or credit. individual orders and quotes in the leg that to attempt to define every Complex Orders eligible for execution markets. For instance, suppose that individual strategy imaginable, and file in the Complex Matching Engine are before the second order described above additional rules to memorialize them, defined to be consistent with the arrives, the markets in the options would be a time consuming and onerous Linkage Plan Trade Through exemption. change as follows: process, and would serve only to Therefore execution prices for the XYZ July 30 2.20–2.40 10 × 10 × confuse the investing public. As a individual legs of a Complex Trade that XYZ July 35 1.10–1.20 10 10 result, bona fide transactions to limit are outside of the National Best Bid or The individual leg markets are now risk are not afforded the facility of Offer may be reported. The Complex pricing the strategy at the same price as execution afforded more common Matching Engine will never, however, the posted Complex Order. Even though complex orders. execute any of the legs of a Complex the Complex Order net debit has been For instance, the Chicago Board Trade at a price outside of the NYSE disseminated and advertised, the Options Exchange (‘‘CBOE’’) 4 and the Arca best bid or offer (‘‘NYSE BBO’’) for individual leg markets will maintain International Securities Exchange that leg. priority over the posted Complex Order. (‘‘ISE’’) 5 each define at least nine NYSE Arca also proposes that The Complex Matching Engine will specific complex strategies. These are Complex Orders attempt to execute execute the order with a credit of 1.00 the most comprehensive lists of against other Complex Orders in the against the 1.00 debit price of the leg complex strategies defined in a rule set, Consolidated Book before attempting to markets, and then any residual will be yet they do not cover all of the execute against the individual leg matched against the Complex Order in possibilities of complex orders which markets in the Consolidated Book, the Consolidated Book at the same 1.00 are routinely presented for execution on provided that for purposes of priority, debit. the trading floor. Some strategies that do where the total or net debit or credit Complex Orders that are not not fit the predefined structures are: (i) derived from the individual leg market executable are entered into the Long in the money call, long two in the is better than or equal to the price of the Consolidated Book. The Complex money put, long out of the money call; Complex Order, the individual leg Matching Engine will monitor the (ii) long in the money call, short at the markets will maintain priority. NYSE markets in the individual legs of money call, long out of the money call; Arca notes that the various options Complex Orders in the Consolidated and (iii) long one in the money put, exchange rule sets recognize that Book. If the market prices in the legs investors wishing to complete a move so that the Complex Order is now 4 See CBOE Rule 6.53C. complex strategy should not be executable in full (or in a permissible 5 See ISE Rule 722. encumbered by orders for a single leg. ratio), the Complex Order will be

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33133

executed against the individual orders B. Self-Regulatory Organization’s with respect to the proposed rule and quotes in the leg markets. Statement on Burden on Competition change that are filed with the The Exchange proposes that Lead The Exchange does not believe that Commission, and all written Market Makers (‘‘LMM’’) not be afforded the proposed rule change will impose communications relating to the any guaranteed allocation either in the any burden on competition not proposed rule change between the execution of a complex strategy nor, if necessary or appropriate in furtherance Commission and any person, other than present, at the NYSE Arca BBO when a of the purposes of the Act. those that may be withheld from the Complex Order executes against the public in accordance with the individual leg markets. There is no C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be obligation for LMMs (or any Market Statement on Comments on the available for inspection and copying in Maker) to quote prices for complex Proposed Rule Change Received From the Commission’s Public Reference strategies; therefore there is no need for Members, Participants, or Others Room, 100 F Street NE., Washington, DC a guaranteed allocation. A market No written comments were solicited 20549, on official business days participant that establishes a price for a or received with respect to the proposed between the hours of 10 a.m. and 3 p.m. strategy should be rewarded for setting rule change. Copies of such filing also will be that price by being granted strict time available for inspection and copying at III. Date of Effectiveness of the priority. Similarly, the LMM quotes in the principal office of the Exchange. All the individual leg markets are available Proposed Rule Change and Timing for Commission Action comments received will be posted to all orders but are not advertising a without change; the Commission does particular strategy. They should not be Within 35 days of the date of not edit personal identifying granted a guaranteed allocation in any publication of this notice in the Federal information from submissions. You of the leg markets resulting from the Register or within such longer period (i) should submit only information that execution of a Complex Order. Complex as the Commission may designate up to you wish to make available publicly. All Orders will thus execute against the 90 days of such date if it finds such submissions should refer to File individual legs of the Consolidated longer period to be appropriate and Number SR–NYSEArca–2008–54 and Book in strict price time. The Exchange publishes its reasons for so finding, or should be submitted on or before July 2, also proposes to continue to allow the (ii) as to which the Exchange consents, 2008. individual legs of Complex Orders to be the Commission will: executed in the minimum applicable (A) By order approve such proposed For the Commission, by the Division of trading increments in the designated rule change; or Trading and Markets, pursuant to delegated series in order to achieve the total or net (B) Institute proceedings to determine authority.9 debit/credit, consistent with Rule 6.72. whether the proposed rule change Florence E. Harmon, For purposes of the firm quote rule, should be disapproved. Acting Secretary. the Complex Order in the Consolidated IV. Solicitation of Comments [FR Doc. E8–13066 Filed 6–10–08; 8:45 am] Book shall be considered ‘‘firm’’ at the BILLING CODE 8010–01–P posted debit or credit.6 Interested persons are invited to submit written data, views, and 2. Statutory Basis arguments concerning the foregoing, SECURITIES AND EXCHANGE including whether the proposed rule The Exchange believes the proposed COMMISSION rule change is consistent with Section change is consistent with the Act. 6(b) of the Act 7 in general and furthers Comments may be submitted by any of the objectives of Section 6(b)(5) of the the following methods: [Release No. 34–57930; File No. SR– 8 NASDAQ–2008–017] Act in particular in that it is designed Electronic Comments to foster cooperation and coordination • Self-Regulatory Organizations; The with persons engaged in regulating, Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of clearing, settling, processing comment form (http://www.sec.gov/ Filing of Amendment No. 1 and Order information with respect to, and rules/sro.shtml); or • Granting Accelerated Approval to facilitating transactions in securities, to Send an e-mail to rule- Proposed Rule Change, as Modified by remove impediments to and perfect the [email protected]. Please include File mechanism of a free and open market Number SR–NYSEArca–2008–54 on the Amendment No. 1, To Clarify the and a national market system, and, in subject line. Listing of Additional Shares Notification Process general, to protect investors and the Paper Comments public interest. • Send paper comments in triplicate June 5, 2008. NYSE Arca believes the proposed rule to Secretary, Securities and Exchange I. Introduction change related to Complex Orders is Commission, 100 F Street, NE., appropriate in that Complex Orders are Washington, DC 20549–1090. widely recognized by market On March 6, 2008, The NASDAQ All submissions should refer to File participants as invaluable, both as an Stock Market LLC (‘‘Nasdaq’’ or Number SR–NYSEArca–2008–54. This investment and for risk management ‘‘Exchange’’) filed with the Securities file number should be included on the and investment strategy. The proposed and Exchange Commission subject line if e-mail is used. To help the rule change would provide the (‘‘Commission’’), pursuant to Section Commission process and review your opportunity for a more efficient 19(b)(1) of the Securities Exchange Act comments more efficiently, please use 1 mechanism for carrying out these of 1934 (‘‘Act’’) and Rule 19b–4 only one method. The Commission will 2 strategies. thereunder, a proposed rule change to post all comments on the Commission’s modify Nasdaq’s listing of additional 6 See Rule 602 of Regulation NMS, 17 CFR Internet Web site (http://www.sec.gov/ 242.602. rules/sro.shtml). Copies of the 9 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78f(b). submission, all subsequent 1 15 U.S.C. 78s(b)(1). 8 15 U.S.C. 78f(b)(5). amendments, all written statements 2 17 CFR 240.19b–4.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33134 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

shares notification process.3 The issuing the securities, rather than 15 public reprimand letter, Nasdaq would proposed rule change was published for days prior to entering into the consider whether the issuer has comment in the Federal Register on transaction. Because such interpretation demonstrated a pattern of late filings, April 10, 2008.4 The Commission is not transparent from the rule, Nasdaq the length of such filing delays, the received no comments on the proposal proposes to revise these provisions so reason for the delays, whether the issuer as published. On May 7, 2008, the that it is clear that notice will instead be has been contacted concerning previous Exchange filed Amendment No. 1 to the required prior to ‘‘issuing’’ such violations, whether the underlying proposed rule change.5 This order securities. transactions were themselves non- provides notice of the proposed rule Second, Nasdaq proposes to modify compliant, and whether the issuer has change, as modified by Amendment No. the notice requirement contained in taken steps to assure that future 1, and approves the proposed rule Rules 4310(c)(17)(A) and 4320(e)(15)(A) violations will not occur. as it relates to companies relying on the change, as modified by Amendment No. III. Discussion and Commission exception to shareholder approval for 1, on an accelerated basis. Findings inducement grants to new employees II. Description of the Proposal contained in Rule 4350(i)(1)(A)(iv).6 After careful review, the Commission Pursuant to Nasdaq Rules 4310(c)(17) Currently, the rule provides that an finds that the proposed rule change is and 4320(e)(15), a company is required issuer is required to notify Nasdaq at consistent with the requirements of the to provide 15 days notice to Nasdaq least 15 calendar days prior to Act and the rules and regulations prior to issuing securities or entering establishing or materially amending a thereunder applicable to a national into transactions that would result in stock option plan, purchase plan or securities exchange and, in particular, the issuance of securities in certain other equity compensation arrangement with Section 6(b)(5) of the Act,9 which specified situations set forth in the pursuant to which stock may be requires, among other things, that the rules. These notification requirements acquired by officers, directors, rules of a national securities exchange are intended to allow Nasdaq to make employees, or consultants without be designed to prevent fraudulent and compliance determinations regarding shareholder approval. Nasdaq asserts manipulative acts and practices, to stock issuances that are potentially that, because inducement grants can be promote just and equitable principles of subject to the shareholder approval made at the time the employment offer trade, to remove impediments to, and rules. is accepted, companies may not be able perfect the mechanism of, a free and Nasdaq proposes to make certain to provide 15 days of advance notice. open market and a national market modifications to its rules governing the Therefore, Nasdaq proposes to modify system and, in general, to protect 10 notification process for the listing of the notice requirement to require investors and the public interest. The Commission believes that additional shares. First, Nasdaq notification of such inducement grants amending the timing requirement in proposes to clarify the timing of the no later than the earlier of: (1) Five Rules 4310(c)(17)(D) and 4320(e)(15)(D) notice requirement contained in Rules calendar days after entering into the to require that notification be made 15 4310(c)(17)(D) and 4320(e)(15)(D). agreement to issue the securities; or (2) days prior to issuing securities, rather Currently, the rules provide that the date of the public announcement of than prior to entering into the specified notifications under these subparagraphs the award required by Rule transactions, will provide issuers are required prior to ‘‘entering into’’ a 4350(i)(l)(A)(iv).7 certainty as to what point in a transaction that may result in the Third, Nasdaq proposes to amend transaction the latest notification can be potential issuance of common stock (or Rules 4310(c)(17) and 4320(e)(15) to provided under Nasdaq’s rule, as well as securities convertible into common clarify that the notifications required by eliminate any ambiguity surrounding stock) greater than 10% of either the these rules must be made on a Listing the application of this rule. Further, this total shares outstanding or the voting of Additional Shares (‘‘LAS’’) proposed rule change will make the power outstanding on a pre-transaction Notification Form 8 and that Nasdaq timing requirement in subparagraph (D) basis. Nasdaq states that, in practice, it encourages companies to file the form as of Rules 4310(c)(17) and 4320(e)(15) has treated this requirement as being soon as practicable. In addition, in an consistent with the timing requirement satisfied if the company files the effort to provide transparency to the required notification 15 days before for notification of other types of consequences of failing to timely file issuances of stock under the rules, LAS notifications, Nasdaq proposes to which require notification 15 days prior 3 As part of the proposed rule filing, the Exchange amend the rules to specifically state that submitted a revised Listing of Additional Shares to the issuance of securities.11 At the Notification Form conforming the instructions on if a company fails to timely file the LAS same time, Nasdaq has assured the the Form to the corresponding proposed rule notification, Nasdaq may issue a Staff Commission that 15 days notice prior to changes. Determination (pursuant to the Rule issuance should continue to give 4 See Securities Exchange Act Release No. 57616 4800 Series) that is a public reprimand (April 3, 2008), 73 FR 19540. letter or a delisting determination. 5 In Amendment No. 1, the Exchange modified 9 15 U.S.C. 78f(b)(5). the proposed notice requirement in Rules Nasdaq notes that, in determining 10 In approving this proposed rule change, the 4310(c)(17)(A) and 4320(e)(15)(A) relating to whether to issue a Staff Determination, Commission has considered the proposed rule’s companies relying on the exception to shareholder and whether such a Staff Determination impact on efficiency, competition, and capital approval for inducement grants to new employees would be a delisting determination or a formation. See 15 U.S.C. 78c(f). contained in Rule 4350(i)(1)(A)(iv). In the original 11 In particular, paragraph (B) of Rules 4310(c)(17) filing, Nasdaq proposed that notice of such an and 4320(e)(15) require issuers to notify Nasdaq 15 inducement grant would be required no later than 6 Rule 4350(i)(1)(A)(iv) allows an exception to the calendar days prior to issuing securities that may five calendar days after entering into the agreement requirement to obtain shareholder approval for potentially result in a change of control of the to issue securities. In Amendment No. 1, Nasdaq equity compensation for certain ‘‘issuances to a issuer. Further, paragraph (C) requires issuers to proposed to modify this notification requirement so person not previously an employee or director of notify Nasdaq 15 calendar days prior to issuing any that notice of an inducement grant must be the company, or following a bona fide period of common stock in connection with the acquisition provided no later than the earlier of: (1) Five non-employment, as an inducement material to the of the stock or assets of another company, if any calendar days after entering into the agreement to individual’s entering into employment with the officer or director or substantial shareholder of the issue securities; or (2) the date of the public company.’’ issuer has a 5% or greater interest in the company announcement of the award required by Rule 7 See Amendment No. 1, supra note 5. to be acquired or in the consideration to be paid. 4350(i)(1)(A)(iv). 8 See supra note 3. (emphasis added)

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33135

Nasdaq enough time to review the LAS such, the Commission believes that the Nasdaq proposed that notice of such an notifications to ensure that stock modified timing requirement for inducement grant would be required no issuances comply with the Nasdaq rules inducement grants is appropriate and later than five calendar days after and, in particular, Nasdaq’s shareholder balances the timing needs of issuers entering into the agreement to issue approval requirements. As such, the relying on the inducement grant securities. In Amendment No. 1, Nasdaq Commission believes that the proposed exception with Nasdaq’s compliance proposed to modify this notification rule change is consistent with the responsibility to ensure that the issuer requirement so that notice of an protection of investors and the public is appropriately relying on the inducement grant must provided no interest. The Commission also notes that inducement grant exception, and has later than the earlier of: (1) Five the proposed rule language and the met the Rule 4350(i)(1)(A)(iv) calendar days after entering into the instructions to the LAS Notification requirements for doing so. agreement to issue securities; or (2) the Form urge issuers to file the form as Finally, the Commission believes that date of the public announcement of the soon as practicable, even if all of the the additional proposed changes award required by Rule relevant terms of the transaction or provide clarity and transparency to the 4350(i)(1)(A)(iv). The Commission required documentation are not yet operation of the notification believes that the changes in Amendment available. The Commission would hope requirements. In particular, the No. 1 ensure that Nasdaq receives that issuers would provide the required proposed changes clarify that appropriate notice about an inducement LAS Notification Form to Nasdaq as notifications must be made on the LAS grant no later than the date that the soon as possible to ensure timely Notification Form and that Nasdaq public is notified about such issuance compliance with any shareholder encourages companies to file the form as pursuant to Rule 4350(i)(1)(A). As such, approval that may be required. soon as practicable even if all of the the Commission believes that The Commission also believes that the relevant terms are not yet known. The Amendment No. 1 raises no new or modification to the timing requirement Commission also notes that it reviewed novel regulatory issues and is consistent for companies making an inducement Nasdaq’s revised LAS Notification Form with the protection of investors and the grant is appropriate for this narrow and believes that the instructions on the public interest. Accordingly, the category of stock issuances. The form appropriately reflect the Commission finds good cause, Commission notes that Nasdaq has corresponding proposed rule changes. consistent with Section 19(b)(2) of the represented that, as a practical matter, it Further, the proposed changes clarify Act,14 to approve the proposed rule often is not possible for companies to the consequences of failing to timely file change, as modified by Amendment No. provide advance notice of inducement the form by expressly stating that in 1, on an accelerated basis. grants, because such grants are often such instances, Nasdaq may issue a Staff IV. Solicitation of Comments made at the time the employment offer Determination that is either a public is accepted. Accordingly, modifying the reprimand letter or a delisting Interested persons are invited to timing requirement to require determination. In this regard, the submit written data, views, and companies to provide notice to Nasdaq Commission notes that it expects arguments concerning the foregoing, no later than the earlier of: five calendar Nasdaq to carefully monitor compliance including whether the proposed rule days after entering into the agreement to with the notification requirements and change, as modified by Amendment No. issue the securities; or the date of the to take appropriate action as necessary. 1, is consistent with the Act. Comments 12 public announcement of the award, In particular, because of the importance may be submitted by any of the should make it more feasible for of shareholder approval, the following methods: companies to timely meet the Commission expects that in cases where Electronic Comments notification requirement. At the same failure to timely file the notification • Use the Commission’s Internet time, the Commission believes that the form is coupled with a failure to meet comment form (http://www.sec.gov/ modified timing requirement is the shareholder approval requirements, consistent with the protection of rules/sro.shtml); or Nasdaq will take action that is suitable • investors and the public interest Send an e-mail to rule- for violations of such rules. [email protected]. Please include File because such inducement grants are The Commission finds good cause for Number SR–NASDAQ–2008–017 on the permitted without shareholder approval approving the proposed rule change, as subject line. pursuant to Nasdaq Rule modified by Amendment No. 1, before 4350(i)(1)(A)(iv). Therefore, unlike other the thirtieth day after the date of Paper Comments stock issuances under Nasdaq’s publication of notice of filing thereof in • Send paper comments in triplicate shareholder approval rules, Nasdaq does the Federal Register. In Amendment to Secretary, Securities and Exchange not need to make a compliance No. 1, the Exchange modified the Commission, Station Place, 100 F Street, determination as to whether shareholder proposed notice requirement for NE., Washington, DC 20549–1090. approval is required prior to the companies issuing inducement grants to All submissions should refer to File issuance. The Commission notes, new employees. In the original filing, however, that Nasdaq still would need Number SR–NASDAQ–2008–017. This file number should be included on the to make a determination that the issuances to a person not previously an employee inducement grant meets the or director of the company, or following a bona fide subject line if e-mail is used. To help the requirements of the exception provided period of non-employment, as an inducement Commission process and review your in Nasdaq Rule 4350(i)(1)(A)(iv).13 As material to the individual’s entering into comments more efficiently, please use employment with the company, provided such only one method. The Commission will issuances are approved by either the issuer’s 12 See Nasdaq Rule 4350(i)(1)(A)(iv), which independent compensation committee or a majority post all comments on the Commission’s requires that, promptly following the issuance of of the issuer’s independent directors. Promptly Internet Web site (http://www.sec.gov/ any employment inducement grant made in following an issuance of any employment rules/sro.shtml). Copies of the reliance on the exception in such rule, a company inducement grant in reliance on this exception, a submission, all subsequent must disclose in a press release the material terms company must disclose in a press release the of the grant. material terms of the grant, including the amendments, all written statements 13 Specifically, Rule 4350(i)(1)(A)(iv) provides recipient(s) of the grant and the number of shares that shareholder approval is not required for involved. 14 15 U.S.C. 78s(b)(2).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33136 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

with respect to the proposed rule (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a that: (1) Except for the requirement change that are filed with the proposed rule change to list and trade under Commentary .01(a)(B)(3) to NYSE Commission, and all written the shares (‘‘Shares’’) of the NETS ISEQ Arca Equities Rule 5.2(j)(3) relating to communications relating to the 20 Index Fund (Ireland) (‘‘Fund’’) issued the five most heavily weighted proposed rule change between the by the NETS Trust (‘‘Trust’’). The component stocks, the Shares of the Commission and any person, other than proposed rule change was published for Fund currently satisfy all of the generic those that may be withheld from the comment in the Federal Register on listing standards under NYSE Arca public in accordance with the May 15, 2008 for a 15-day comment Equities Rule 5.2(j)(3); (2) the continued provisions of 5 U.S.C. 552, will be period.3 The Commission received no listing standards under NYSE Arca available for inspection and copying in comments on the proposal. This order Equities Rules 5.2(j)(3) and 5.5(g)(2) the Commission’s Public Reference approves the proposed rule change on applicable to ICUs will apply to the Room, on official business days between an accelerated basis. Shares; and (3) the Trust is required to the hours of 10 a.m. and 3 p.m. Copies comply with Rule 10A–3 under the II. Description of the Proposal of such filing also will be available for Act 7 for the initial and continued listing inspection and copying at the principal The Exchange proposes to list and of the Shares. In addition, the Exchange office of Nasdaq. All comments received trade the Shares pursuant to NYSE Arca represents that the Shares will comply will be posted without change; the Equities Rule 5.2(j)(3), the Exchange’s with all other requirements applicable Commission does not edit personal listing standards for Investment to ICUs including, but not limited to, identifying information from Company Units (‘‘ICUs’’).4 The Fund is requirements relating to the submissions. You should submit only an ‘‘index fund’’ that seeks to provide dissemination of key information such information that you wish to make investment results that correspond as the Index value and Intraday available publicly. All submissions generally to the price and yield Indicative Value, rules governing the should refer to File Number SR– performance, before fees and expenses, trading of equity securities, trading NASDAQ–2008–017 and should be of publicly-traded securities in the hours, trading halts, surveillance, and submitted on or before July 2, 2008. aggregate in the Irish market, as Information Bulletin to ETP Holders, as represented by the ISEQ 20 (‘‘Index’’). set forth in prior Commission orders V. Conclusion The primary market for securities in the approving the generic listing rules It is therefore ordered, pursuant to Index is the Irish Stock Exchange. applicable to the listing and trading of Section 19(b)(2) of the Act,15 that the The Exchange represents that the ICUs.8 Index for the Fund does not meet all of proposed rule change (SR–NASDAQ– III. Discussion and Commission’s 2008–017), as modified by Amendment the ‘‘generic’’ listing requirements of Findings No. 1, be, and hereby is, approved on an Commentary .01(a)(B) to NYSE Arca accelerated basis. Equities Rule 5.2(j)(3) applicable to the The Commission has carefully listing of ICUs based on international or reviewed the proposed rule change and For the Commission, by the Division of global indexes.5 Specifically, the Index finds that it is consistent with the Trading and Markets, pursuant to delegated 9 16 meets all such requirements except for requirements of Section 6 of the Act authority. and the rules and regulations Florence E. Harmon, those set forth in Commentary .01(a)(B)(3).6 The Exchange represents thereunder applicable to a national Acting Secretary. securities exchange.10 In particular, the [FR Doc. E8–13067 Filed 6–10–08; 8:45 am] 1 15 U.S.C. 78s(b)(1). Commission finds that the proposal is BILLING CODE 8010–01–P 2 17 CFR 240.19b–4. consistent with Section 6(b)(5) of the 3 See Securities Exchange Act Release No. 57805 Act,11 which requires, among other (May 8, 2008), 73 FR 28178. things, that the Exchange’s rules be SECURITIES AND EXCHANGE 4 ICUs are securities that represent interests in a designed to promote just and equitable COMMISSION registered investment company that holds securities comprising, or otherwise based on or representing principles of trade, to remove impediments to and perfect the [Release No. 34–57921; File No. SR– an interest in, an index or portfolio of securities (or holds securities in another registered investment mechanism of a free and open market NYSEArca-2008–46] company that holds securities comprising, or and a national market system, and, in otherwise based on or representing an interest in, general, to protect investors and the Self-Regulatory Organizations; NYSE an index or portfolio of securities). See NYSE Arca Arca, Inc.; Order Granting Accelerated Equities Rule 5.2(j)(3). public interest. Approval of Proposed Rule Change 5 NYSE Arca Equities may approve a series of The Commission believes that the Relating to the Listing and Trading of ICUs based on equity security components for proposed rule change should not listing and/or trading (including pursuant to Shares of the NETS ISEQ 20 Index significantly affect the protection of unlisted trading privileges) pursuant to Rule 19b– investors or the public interest or Fund (Ireland) 4(e) under the Act, if such series of ICUs satisfies the ‘‘generic’’ listing requirements that are set forth June 4, 2008. under Commentary .01 to NYSE Arca Equities Rule 7 See 17 CFR 240.10A–3. 5.2(j)(3) and have been approved by the 8 See, e.g., Securities Exchange Act Release Nos. I. Introduction Commission. See Commentary .01 to NYSE Arca 55621 (April 12, 2007), 72 FR 19571 (April 18, Equities Rule 5.2(j)(3); 17 CFR 240.19b–4(e). 2007) (SR–NYSEArca–2006–86) (approving generic On May 8, 2008, NYSE Arca, Inc. 6 The Exchange states that the Index satisfies the listing standards for ICUs based on international or (‘‘NYSE Arca’’ or ‘‘Exchange’’), through first requirement under Commentary .01(a)(B)(3) to global indexes); 44551 (July 12, 2001), 66 FR 37716 its wholly owned subsidiary, NYSE NYSE Arca Equities Rule 5.2(j)(3) that the most (July 19, 2001) (SR–PCX–2001–14) (approving Arca Equities, Inc. (‘‘NYSE Arca heavily weighted component stock shall not exceed generic listing standards for ICUs and Portfolio 25% of the weight of the index or portfolio. Depositary Receipts); and 41983 (October 6, 1999), Equities’’), filed with the Securities and However, the Index fails to meet the second 64 FR 56008 (October 15, 1999) (SR–PCX–98–29) Exchange Commission (‘‘Commission’’), requirement of Commentary .01(a)(B)(3) to NYSE (approving rules for the listing and trading of ICUs). pursuant to Section 19(b)(1) of the Arca Equities Rule 5.2(j)(3) that the five most 9 15 U.S.C. 78f. Securities Exchange Act of 1934 heavily weighted component stocks shall not 10 In approving this proposed rule change the exceed 60% of the weight of the Index. The Commission has considered the proposed rule’s Exchange states that, as of April 18, 2008, the five impact on efficiency, competition, and capital 15 15 U.S.C. 78s(b)(2). most heavily weighted component stocks formation. See 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). represented 68.7% of the Index weight. 11 15 U.S.C. 78f(b)(5).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33137

impose any significant burden on SECURITIES AND EXCHANGE The text of these statements may be competition. The Commission notes the COMMISSION examined at the places specified in Item Exchange’s representations that, IV below. The self-regulatory [Release No. 34–57922; File No. SR– organization has prepared summaries, although the Index fails to meet the NYSEArca-2008–55] requirement relating to the five most set forth in sections A, B, and C below, heavily weighted component stocks set Self-Regulatory Organizations; NYSE of the most significant aspects of such forth in Commentary .01(a)(B)(3) to Arca, Inc.; Notice of Filing and statements. NYSE Arca Equities Rule 5.2(j)(3) by Immediate Effectiveness of Proposed A. Self-Regulatory Organization’s 8.7%,12 the Shares currently satisfy all Rule Change Relating to the Extension Statement of the Purpose of, and of the other applicable generic listing of the Pilot Program for Initial and Statutory Basis for, the Proposed Rule standards under NYSE Arca Equities Continued Financial Listing Standards Change for Common Stock of Operating Rule 5.2(j)(3), and will be subject to all 1. Purpose of the continued listing standards under Companies Until November 30, 2008 NYSE Arca Equities Rules 5.2(j)(3) and NYSE Arca has amended on a pilot June 4, 2008. program basis the rules governing the 5.5(g)(2) applicable to ICUs. Pursuant to Section 19(b)(1) of the Additionally, the Exchange represents NYSE Arca Marketplace to amend the Securities Exchange Act of 1934 financial listing standards for common that the Shares will comply with all 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, stock of operating companies.5 On other requirements applicable to ICUs 13 notice is hereby given that on May 28, October 3, 2007, the Commission and that the Trust is required to comply 2008, NYSE Arca, Inc. (‘‘NYSE Arca’’ or approved the Exchange’s request to 14 with Rule 10A–3 under the Act. ‘‘Exchange’’) filed with the Securities amend the Pilot Program to, among The Commission finds good cause for and Exchange Commission other things, make the initial listing approving the proposed rule change (‘‘Commission’’) the proposed rule standards more restrictive and exclude before the 30th day after the date of change as described in Items I and II from qualification some companies that publication of notice of filing thereof in below, which Items have been currently qualify to list but whose size the Federal Register. The Commission substantially prepared by the self- or financial performance is not notes that, because the Shares comply regulatory organization. The Exchange consistent with that kind of issuer NYSE filed the proposed rule change pursuant with all of the NYSE Arca Equities Arca intends to list on the NYSE Arca to Section 19(b)(3)(A) of the Act 3 and 6 generic listing standards for ICUs Marketplace. The Pilot Program expires Rule 19b–4(f)(6) thereunder,4 which (except for missing the requirement on May 31, 2008. The Exchange renders the proposed rule change relating to the five highest weighted proposes to extend the Pilot Program effective upon filing with the until November 30, 2008. components of the Index), the listing Commission. The Commission is Based on the results of the Pilot and trading of the Shares by NYSE Arca publishing this notice to solicit Program, the Exchange has determined does not appear to present any novel or comments on the proposed rule change that the Pilot Program has met its significant regulatory issues or impose from interested persons. expectations. As a result, the Exchange any significant burden on competition. intends to file a proposal to I. Self-Regulatory Organization’s For these reasons, the Commission permanently adopt the Pilot Program. believes that accelerated approval of the Statement of the Terms of Substance of proposed rule change should provide the Proposed Rule Change 2. Statutory Basis additional choices for investors in, and The Exchange, through its wholly- The proposed rule change is promote additional competition in the owned subsidiary NYSE Arca Equities, consistent with Section 6(b) of the Act,7 market for, ICUs. Therefore, the Inc. (‘‘NYSE Arca Equities’’), has in general, and furthers the objectives of Commission finds good cause, amended the rules governing NYSE Section 6(b)(5) of the Act,8 in particular, consistent with Section 19(b)(2) of the Arca, LLC (also referred to as the ‘‘NYSE in that it is designed to prevent Act, to approve the proposed rule Arca Marketplace’’), which is the fraudulent and manipulative acts and change on an accelerated basis. equities trading facility of NYSE Arca practices, to promote just and equitable Equities, on a pilot program basis (the principles of trade, to foster cooperation IV. Conclusion ‘‘Pilot Program’’) to amend the initial and coordination with persons engaged and continued financial listing in facilitating transactions in securities, It is therefore ordered, pursuant to standards for common stock of and to remove impediments to and 15 Section 19(b)(2) of the Act, that the operating companies. The Pilot Program perfect the mechanisms of a free and proposed rule change (SR–NYSEArca– expires on May 31, 2008. The Exchange 2008–46) be, and it hereby is, approved proposes to extend the Pilot Program 5 The Commission initially approved the Pilot on an accelerated basis. Program for six months, until May 29, 2007. See until November 30, 2008. Securities Exchange Act Release No. 54796 For the Commission, by the Division of II. Self-Regulatory Organization’s (November 20, 2006), 71 FR 69166 (November 29, 2006) (SR–NYSEArca–2006–85). The Pilot Program Trading and Markets, pursuant to delegated Statement of the Purpose of, and authority.16 was subsequently extended for an additional six Statutory Basis for, the Proposed Rule months, until November 30, 2007. See Securities Florence E. Harmon, Change Exchange Act Release No. 55838 (May 31, 2007), 72 Acting Secretary. FR 31642 (June 7, 2007) (SR–NYSEArca–2007–51). In its filing with the Commission, the The Pilot Program was extended for an additional [FR Doc. E8–13040 Filed 6–10–08; 8:45 am] self-regulatory organization included six months, until May 31, 2008. See Securities BILLING CODE 8010–01–P statements concerning the purpose of Exchange Act Release No. 56885 (December 3, 2007), 72 FR 69272 (December 7, 2007) (SR– and basis for the proposed rule change. NYSEArca–2007–123). 12 See supra note 6. 6 See Securities Exchange Act Release No. 56606 13 See supra note 8 and accompanying text. 1 15 U.S.C. 78s(b)(1). (October 3, 2007), 72 FR 57982 (October 11, 2007) 14 See 17 CFR 240.10A–3. 2 17 CFR 240.19b–4. (SR–NYSEArca–2007–69). 15 15 U.S.C. 78s(b)(2). 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78f(b). 16 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b)(5).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33138 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

open market and a national market Program. The Commission designates be available for inspection and copying system. the proposal to become operative upon at the principal office of the Exchange. filing.12 All comments received will be posted B. Self-Regulatory Organization’s At any time within 60 days of the without change; the Commission does Statement on Burden on Competition filing of the proposed rule change, the not edit personal identifying The Exchange does not believe that Commission may summarily abrogate information from submissions. You the proposed rule change will impose such proposed rule change if it appears should submit only information that any burden on competition that is not to the Commission that such action is you wish to make available publicly. All necessary or appropriate in furtherance necessary or appropriate in the public submissions should refer to File of the purposes of the Act. interest, for the protection of investors, Number SR–NYSEArca–2008–55 and should be submitted on or before July 2, C. Self-Regulatory Organization’s or otherwise in furtherance of the 13 2008. Statement on Comments on the purposes of the Act. Proposed Rule Change Received From IV. Solicitation of Comments For the Commission, by the Division of Members, Participants or Others Trading and Markets, pursuant to delegated Interested persons are invited to authority.14 The Exchange has neither solicited submit written data, views, and Florence E. Harmon, nor received written comments on the arguments concerning the foregoing, Acting Secretary. proposed rule change. including whether the proposed rule [FR Doc. E8–13041 Filed 6–10–08; 8:45 am] change is consistent with the Act. III. Date of Effectiveness of the BILLING CODE 8010–01–P Comments may be submitted by any of Proposed Rule Change and Timing for the following methods: Commission Action The foregoing rule change has become Electronic Comments SOCIAL SECURITY ADMINISTRATION effective pursuant to Section 19(b)(3)(A) • Use the Commission’s Internet Agency Information Collection of the Act 9 and Rule 19b–4(f)(6) 10 comment form (http://www.sec.gov/ Activities: Proposed Request and thereunder because the proposal does rules/sro.shtml); or Comment Request not: (i) Significantly affect the • Send an e-mail to rule- protection of investors or the public [email protected]. Please include File The Social Security Administration interest; (ii) impose any significant Number SR–NYSEArca–2008–55 on the (SSA) publishes a list of information burden on competition; and (iii) by its subject line. collection packages requiring clearance terms, become operative for 30 days Paper Comments by the Office of Management and from the date on which it was filed, or • Budget (OMB) in compliance with such shorter time as the Commission Send paper comments in triplicate Public Law (Pub. L.) 104–13, the may designate if consistent with the to Secretary, Securities and Exchange Paperwork Reduction Act of 1995, protection of investors and the public Commission, 100 F Street, NE., effective October 1, 1995. This notice interest, provided that the Exchange has Washington, DC 20549–1090. includes new information collections, given the Commission notice of its All submissions should refer to File revisions to OMB-approved information intent to file the proposed rule change, Number SR–NYSEArca–2008–55. This collections and extensions (no change) along with a brief description and text file number should be included on the of OMB-approved information of the proposed rule change, at least five subject line if e-mail is used. To help the collections. business days prior to the date of filing Commission process and review your SSA is soliciting comments on the of the proposed rule change, or such comments more efficiently, please use accuracy of the Agency’s burden shorter time as designated by the only one method. The Commission will estimate; the need for the information; Commission. post all comments on the Commission’s its practical utility; ways to enhance its A proposed rule change filed under Internet Web site (http://www.sec.gov/ quality, utility, and clarity; and ways to Rule 19b–4(f)(6) normally may not rules/sro.shtml). Copies of the minimize the burden on respondents, become operative prior to 30 days after submission, all subsequent including the use of automated the date of filing. However, Rule 19b– amendments, all written statements collection techniques or other forms of 4(f)(6)(iii) 11 permits the Commission to with respect to the proposed rule information technology. Mail, e-mail, or designate a shorter time if such action change that are filed with the fax your comments and is consistent with the protection of Commission, and all written recommendations on the information investors and the public interest. The communications relating to the collection(s) to the OMB Desk Officer Exchange has requested that the proposed rule change between the and the SSA Reports Clearance Officer Commission waive the 30-day operative Commission and any person, other than to the addresses or fax numbers listed delay period. those that may be withheld from the below. The Commission believes that waiver public in accordance with the (OMB) Office of Management and of the 30-day operative delay period is provisions of 5 U.S.C. 552, will be Budget, Attn: Desk Officer for SSA, consistent with the protection of available for inspection and copying in Fax: 202–395–6974, E-mail address: investors and the public interest. the Commission’s Public Reference [email protected]; Specifically, the Commission believes Room, 100 F Street, NE., Washington, (SSA) Social Security Administration, that the proposal would allow the Pilot DC 20549, on official business days DCBFM, Attn: Reports Clearance Program to continue without any between the hours of 10:00 a.m. and Officer, 1333 Annex Building, 6401 interruption, until November 30, 2008. 3:00 p.m. Copies of such filing also will Security Blvd., Baltimore, MD 21235, The Commission further notes that no Fax: 410–965–6400, E-mail address: comments were received on the Pilot 12 For purposes only of waiving the operative [email protected]. delay for this proposal, the Commission has considered the proposed rule’s impact on I. The information collections listed 9 15 U.S.C. 78s(b)(3)(A). efficiency, competition, and capital formation. See below are pending at SSA. SSA will 10 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 11 17 CFR 240.19b–4(f)(6)(iii). 13 15 U.S.C. 78s(b)(3)(C). 14 17 CFR 200.30–3(a)(12).

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33139

submit them to OMB within 60 days Average Burden per Response: 60 II. SSA has submitted the information from the date of this notice. Therefore, minutes. collections listed below. Your submit your comments to SSA within Estimated Annual Burden: 3,900 comments on the information 60 days from the date of this hours. collections will be most useful if OMB publication. You can obtain copies of 2. Waiver of Supplemental Security and SSA receive them within 30 days the collection instruments by calling the Income Payment Continuation—20 CFR from the date of this publication. You SSA Reports Clearance Officer at 410– 416.1400–416.1422—0960–NEW. can request a copy of the information 965–0454 or by writing to the address Claimants who initially elect payment collections by e-mail, listed above. continuation must complete Form SSA– [email protected], fax 410–965–6400, 1. Supplemental Security Income 263 to request SSA waive or stop or by calling the SSA Reports Clearance (SSI)—Quality Review Case Analysis— payments until there is a decision on Officer at 410–965–0454. 0960–0133. SSA uses Form SSA–8508– their appeals. SSA uses the information 1. Application for Supplemental BK, which covers all elements of SSI to waive or stop payments and as proof Security Income—20 CFR 416.207 and eligibility, in a personal interview with claimants understand their due process 416.305–416.335, Subpart C—0960– a sample of SSI recipients. SSA uses the rights. Respondents are SSI recipients 0229. SSA has prescribed Form SSA– gathered information to assess the who wish to stop or waive payments 8000 as the application for SSI effectiveness of Supplemental Security during the appeals process. payments. SSA uses the information Income (SSI) policies and procedures Type of Request: Existing Information gathered on SSA–8000 to determine and to determine payment accuracy Collection in Use without an OMB whether claimants meet all statutory rates. Respondents are recipients of Number. and regulatory requirements for SSI payments. Number of Respondents: 3,000. eligibility and the amount of such Type of Request: Revision of an OMB- Frequency of Response: 1. payments. The respondents are approved information collection. Average Burden per Response: 5 applicants for SSI payments. Number of Respondents: 3,900. minutes. Type of Request: Revision of an OMB- Frequency of Response: 1. Estimated Annual Burden: 250 hours. approved information collection.

Average bur- Number of re- Frequency of den per re- Total annual Type of response spondents response sponse (min- burden (hours) utes)

Paper ...... 25,625 1 41 17,510 MSSICS ...... 138,120 1 36 82,872 MSSICS w/ Signature Proxy ...... 1,117,515 1 35 651,884

Totals ...... 1,281,260 ...... 752,266

SSA is making the following Frequency of Response: 1. as amended, and Delegation of corrections to the 60–Day Notice Average Burden Per Response: 2 Authority No. 257 of April 15, 2003 [68 published on March 26, 2008 at 73 FR minutes. FR 19875], I hereby determine that the 16087: we changed the type of request Estimated Annual Burden: 43,333 objects to be included in the exhibition to a revision, and revised the burden hours. ‘‘Andrea Riccio: Renaissance Master of information to include both regular Dated: June 5, 2008. Bronze’’ to be displayed at The Frick MSSICS screens and MSSICS screens Elizabeth A. Davidson, Collection, New York, New York, including the Signature Proxy Reports Clearance Officer, Social Security imported from abroad for temporary application. Administration. exhibition within the United States, are 2. Integrated Registration Services [FR Doc. E8–13061 Filed 6–10–08; 8:45 am] of cultural significance. The objects are imported pursuant to loan agreements (IRES) System—20 CFR 401.45—0960– BILLING CODE 4191–02–P 0626. The IRES System registers and with the foreign owners or custodians. authenticates individuals, businesses, I also determine that the exhibition or display of the exhibit objects at The organizations, entities, and government DEPARTMENT OF STATE agencies to use the eService Internet and Frick Collection, New York, New York, telephone applications for requesting [Public Notice 6253] from on or about October 15, 2008, until and exchanging business data with SSA, on or about January 18, 2009, and at and issues them a User Identification Culturally Significant Objects Imported possible additional exhibitions or Number (User ID) and a password. In for Exhibition Determinations: ‘‘Andrea venues yet to be determined, is in the addition, this process verifies the Riccio: Renaissance Master of Bronze’’ national interest. Public Notice of these identity of individuals who use SSA’s SUMMARY: Notice is hereby given of the Determinations is ordered to be Business Services Online. Respondents following determinations: Pursuant to published in the Federal Register. are employers and third party the authority vested in me by the Act of FOR FURTHER INFORMATION CONTACT: For submitters of wage data, business October 19, 1965 (79 Stat. 985; 22 U.S.C. further information, including a list of entities providing taxpayer 2459), Executive Order 12047 of March the exhibit objects, contact Wolodymyr identification information, and data 27, 1978, the Foreign Affairs Reform and Sulzynsky, Attorney-Adviser, Office of exchange partners conducting business Restructuring Act of 1998 (112 Stat. the Legal Adviser, U.S. Department of in support of Social Security programs. 2681, et seq. ; 22 U.S.C. 6501 note, et State (telephone: 202/453–8050). The Type of Request: Revision of an OMB- seq. ), Delegation of Authority No. 234 address is U.S. Department of State, SA– approved information collection. of October 1, 1999, Delegation of 44, 301 4th Street, SW., Room 700, Number of Respondents: 1,300,000. Authority No. 236 of October 19, 1999, Washington, DC 20547–0001.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33140 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Dated: June 3, 2008. DEPARTMENT OF TRANSPORTATION side of Page 3 of the ATF that tamper- C. Miller Crouch, evident tape must not obscure the Principal Deputy Assistant Secretary for Office of the Secretary printed information. Also, the legends Educational and Cultural Affairs, Department [Docket No. DOT–OST–2008–0088] in the test result boxes on the front of of State. the ATF were adjusted and printed in a [FR Doc. E8–13078 Filed 6–10–08; 8:45 am] Agency Information Collection; smaller font so they don’t obscure test results printed directly on the ATF. BILLING CODE 4710–05–P Request for Comments; Clearance of Renewal Approval of Information DATES: Written comments should be Collection: Procedures for submitted by July 11, 2008 and sent to DEPARTMENT OF STATE Transportation Drug Alcohol Testing the attention of the DOT/OST Desk Program Officer, Office of Information and Regulatory Affairs, Office of [Delegation of Authority No. 166–2] AGENCY: Office of the Secretary (OST) DOT. Management and Budget, Docket library, Room 10102, 725 17th Street, Delegation by the Deputy Secretary to ACTION: Notice and request for the Legal Adviser of Authority To NW., Washington, DC 20503 or comments. _ Settle Claims Under the Federal Tort oira [email protected] (e-mail). Claims Act and 22 U.S.C. 2669–1 SUMMARY: In compliance with the FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, Bohdan Baczara, Office of Drug and By virtue of the authority vested in Public Law 104–13, (44 U.S.C. 3501 et Alcohol Policy and Compliance, Office the Secretary of State, including section seq.) this notice announces the of the Secretary, U.S. Department of 1 of the State Department Basic Information Collection Request, Transportation, 1200 New Jersey Authorities Act, as amended (22 U.S.C. abstracted below, is being forwarded to Avenue, SE., Room W62–300, 2651a), and by the Federal Tort Claims the Office of Management and Budget Washington, DC 20590. for extension of the currently approved Act (28 U.S.C. 2671 et seq.), and 22 SUPPLEMENTARY INFORMATION: Procedures for Transportation Drug and U.S.C. 2669–1, and delegated to the Title: Procedures for Transportation Alcohol Testing Program. On March 17, Drug and Alcohol Testing Program. Deputy Secretary of State pursuant to 2008 the Office of Drug and Alcohol Delegation of Authority 245 of April 23, OMB Control No.: 2105–0529. Policy and Compliance (ODAPC) Form No.: DOT F 1380 Alcohol 2001, I hereby delegate to the Legal published a 60-day notice in the Federal Testing Form (ATF) and DOT F 1385 Adviser and the Deputy Legal Advisers Register (73 FR 14300) Docket # OST– DOT Drug and Alcohol Testing authority to consider, ascertain, adjust, 2008–0088, informing the public of Management Information System (MIS). determine, compromise and settle ODAPC’s intention to extend an Affected Entities: Transportation claims capable of administrative approved information collection. Industry (i.e., Federal Aviation settlement under the Federal Tort Specifically, ODAPC solicited Administration, Federal Transit Claims Act and 22 U.S.C. 2669–1, comments on whether the information Administration, Federal Railroad except claims arising out of activities of collection is necessary for the proper Administration, Federal Motor Carrier the International Boundary and Water performance of the functions of the Safety Administration, and the Pipeline Commission. Department, including whether the and Hazardous Materials Safety The Legal Adviser may redelegate to information will have practical utility. Administration) and the United States the Assistant Legal Adviser and Deputy We asked whether the Department’s Coast Guard when calculating their Assistant Legal Adviser responsible for estimate of the burden of the proposed random testing rates. information collection was accurate and claims matters the functions delegated Type of Review: Clearance and for ways to enhance the quality, utility, in the preceding paragraph, including Renewal. and clarity of the information to be authority to deny all claims. Frequency of Response: Annually. collected. The Department sought ways Respondents: 2,783,195. Any authority covered by this to minimize the burden for those who Total Annual Burden Hours delegation may also be exercised by the would have to provide information, Requested: 695,300. Secretary or the Deputy Secretary. including the use of automated Abstract: Under the Omnibus This Delegation of Authority collection techniques or other forms of Transportation Employee Testing Act of supersedes DA–166. information technology. One response, 1991, DOT is required to implement a which contained several comments, was drug and alcohol testing program in This Delegation of Authority shall be made to the docket. Among his various transportation-related published in the Federal Register. comments, the respondent supported industries. This specific requirement is Dated: May 30, 2008. the Department’s estimated burden elaborated in 49 CFR part 40, John D. Negroponte, hours associated with the collection and Procedures for Transportation Deputy Secretary of State, Department of handling of each form and provided Workplace Drug and Alcohol Testing State. suggestions for updating the Alcohol Programs. Included in this program are Testing Form (ATF) and Management the U.S. Department of Transportation [FR Doc. E8–13070 Filed 6–10–08; 8:45 am] Information System (MIS) form. Each of Alcohol Testing Form (ATF) and the BILLING CODE 4710–08–P the respondent’s comments were DOT Drug and Alcohol Testing addressed and are explained in the Management Information System (MIS) supporting statement to OMB. The ATF Data Collection Form. The ATF includes and MIS were updated to include an the employee’s name, the type of test updated Paperwork Reduction Act taken, the date of the test, and the name Burden Statement, the current address of the employer. Custody and control is of the Department, and DOT form essential to the basic purpose of the numbers were added. We provided alcohol testing program. Data on each additional instructions on the reverse test conducted, including test results,

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33141

are necessary to document tests procedures may consist of the adoption Member State and via intermediate conducted and actions taken to ensure of a show-cause order, a tentative order, points to any point or points in the safety in the workplace. The MIS form or in appropriate cases a final order United States and beyond; (2) scheduled includes employer specific drug and without further proceedings. and charter foreign air transportation of alcohol testing information such as the Docket Number: DOT–OST–1997– persons, property and mail between any reason for the test and the cumulative 3077. point or points in any member of the number of positive, negative and refusal Date Filed: January 29, 2008. European Common Aviation Area and test results. The MIS data is used by Due Date for Answers, Conforming any point or points in the United States; each of the affected DOT Agencies (i.e., Applications, or Motion To Modify (3) scheduled and charter all-cargo Federal Aviation Administration, Scope: February 19, 2008. foreign air transportation between any Federal Transit Administration, Federal Description: Application of Servicios point or points in the United States and Railroad Administration, Federal Motor Aereos Profesionales, S.A., requesting any other point or points; (4) other Carrier Safety Administration, and the renewal of its exemption and a foreign charters subject to the Department’s Pipeline and Hazardous Materials Safety air carrier permit enabling it to conduct regulations; and (5) transportation Administration) and the United States charter foreign air transportation of authorized by any additional route Coast Guard when calculating their persons and property between the rights made available to European random testing rates. Dominican Republic and the United Community airlines in the future. Iberia Comments Are Invited On: Whether States. also requests exemption authority to the proposed collection of information Docket Number: DOT–OST–2000– enable it to engage in the above- is necessary for the proper performance 6796. described operations pending issuance of the functions of the Department, Date Filed: January 29, 2008. of an amended foreign air carrier permit. including whether the information will Due Date for Answers, Conforming Docket Number: DOT–OST–2008– have practical utility; the accuracy of Applications, or Motion To Modify 0046. the Department’s estimate of the burden Scope: February 19, 2008. Date Filed: January 29, 2008. of the proposed information collection; Description: Application of Due Date for Answers, Conforming ways to enhance the quality, utility and Aerolineas Santo Domingo, SA., Applications, or Motion To Modify clarity of the information to be requesting renewal of its exemption and Scope: February 19, 2008. collected; and ways to minimize the a foreign air carrier permit to conduct Description: Application of Cargolux burden of the collection of information scheduled foreign air transportation of Airlines International, S.A., requesting on respondents, including the use of persons, property and mail between the an exemption and amended foreign air automated collection techniques or Dominican Republic and the United carrier permit to the full extent other forms of information technology. States. authorized by the new Air Transport All responses to this notice will be Docket Number: DOT–OST–2007– Agreement between the United States summarized and included in the request 28073. and the European Community and for OMB approval. All comments will Date Filed: January 28, 2008. exemption authority to conduct these also become a matter of public record. Due Date for Answers, Conforming services pending the issuance of an Issued in Washington, DC, on June 4, 2008. Applications, or Motion To Modify amended foreign air carrier permit. Donna K. Seymour, Scope: February 19, 2008. Renee V. Wright, Associate Chief Information Officer, IT Policy Description: Application of Star Air Program Manager, Docket Operations, Oversight. A/S, requesting an amendment to its Federal Register Liaison. [FR Doc. E8–13096 Filed 6–10–08; 8:45 am] existing foreign air carrier permit to [FR Doc. E8–12895 Filed 6–10–08; 8:45 am] incorporate the new rights made BILLING CODE 4910–9X–P BILLING CODE 4910–9X–P available to European air carriers pursuant to the Air Transport DEPARTMENT OF TRANSPORTATION Agreement between the United States DEPARTMENT OF TRANSPORTATION and the European Community and the Office of the Secretary Member States of the European Union Office of the Secretary (‘‘U.S.-EU Agreement’’), and related Notice of Applications for Certificates exemption authority to enable it to Aviation Proceedings, Agreements of Public Convenience and Necessity provide the services covered while the Filed the Week Ending February 1, and Foreign Air Carrier Permits Filed Department evaluates Star Air’s 2008 Under Subpart B (Formerly Subpart Q) application to amend its foreign air The following Agreements were filed During the Week Ending February 1, carrier permit. 2008 with the Department of Transportation Docket Number: DOT–OST–2008– under the Sections 412 and 414 of the The following Applications for 0043. Federal Aviation Act, as amended (49 Certificates of Public Convenience and Date Filed: January 30, 2008. U.S.C. 1382 and 1384) and procedures Necessity and Foreign Air Carrier Due Date for Answers, Conforming governing proceedings to enforce these Permits were filed under Subpart B Applications, or Motion To Modify provisions. Answers may be filed within (formerly Subpart Q) of the Department Scope: February 19, 2008. 21 days after the filing of the of Transportation’s Procedural Description: Application of Iberia application. Regulations (See 14 CFR 301.201 et Lineas Aereas de Espana, S.A. Docket Number: DOT–OST–2008– seq.). (‘‘Iberia’’), requesting an amendment to 0030. The due date for Answers, its foreign air carrier permit to engage Date Filed: January 28, 2008. Conforming Applications, or Motions to in: (1) Scheduled and charter foreign air Parties: Members of the International Modify Scope are set forth below for transportation of persons, property and Air Transport Association each application. Following the Answer mail from any point or points behind Subject: TC3 Japan, Korea—South period DOT may process the application any Member State of the European East Asia except between Korea (Rep. by expedited procedures. Such Union via any point or points in any of) and Guam, Northern Mariana Islands

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33142 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

(Memo 1131), Minutes: TC3 Bangkok, (Memo 1137), Minutes: TC3 Bangkok, Date Filed: January 31, 2008. 12–19 November 2007, (Memo 1157), 12–19 November 2007, (Memo 1157), Parties: Members of the International Intended effective date: 1 April 2008. Intended effective date: 1 April 2008. Air Transport Association. Docket Number: DOT–OST–2008– Docket Number: DOT–OST–2008– Subject: PSC/RESO/140, 29th IATA 0032. 0038. Passenger Services Conference (PSC), Date Filed: January 28, 2008. Date Filed: January 28, 2008. Resolution 724—Ticket Notices, Parties: Members of the International Parties: Members of the International Intended effective date: 1 June 2008. Air Transport Association. Air Transport Association. Renee V. Wright, Subject: TC3 Japan, Korea-South East Subject: TC3 Japan, Korea—South Program Manager, Docket Operations Federal Asia between Korea (Rep. of) and Guam, Asian Subcontinent, Resolutions & Register Liaison. Northern Mariana Islands Resolutions & Specified Fares Tables, (Memo 1138), [FR Doc. E8–12902 Filed 6–10–08; 8:45 am] Specified Fares Tables, (Memo 1132), Minutes: TC3 Bangkok, 12–19 BILLING CODE 4910–9X–P Minutes: TC3 Bangkok, 12–19 November 2007, (Memo 1157), Intended November 2007, (Memo 1157), Intended effective date: 1 April 2008. effective date: 1 April 2008. Docket Number: DOT–OST–2008– DEPARTMENT OF TRANSPORTATION Docket Number: DOT–OST–2008– 0039. 0033. Date Filed: January 28, 2008. Federal Aviation Administration Date Filed: January 28, 2008. Parties: Members of the International Parties: Members of the International Air Transport Association. Agency Information Collection Activity Air Transport Association. Subject: TC3 Japan, Korea-South West Seeking OMB Approval Subject: TC3 Japan-Korea Resolutions Pacific except between Korea (Rep. of) AGENCY: Federal Aviation & Specified Fares Tables, (Memo 1133), and America Samoa, Resolutions & Administration (FAA), DOT. Minutes: TC3 Bangkok, 12–19 Specified Fares Tables, (Memo 1139), ACTION: Notice. November 2007, (Memo 1157), Intended Technical Correction: TC3 Japan, Korea- effective date: 1 April 2008. South West Pacific except between SUMMARY: The FAA invites public Docket Number: DOT–OST–2008– Korea (Rep. of) and America Samoa, comments about our intention to request 0034. Resolutions & Specified Fares Tables, the Office of Management and Budget’s Date Filed: January 28, 2008. (Memo 1143), Minutes: TC3 Bangkok, (OMB) approval of a new information Parties: Members of the International 12–19 November 2007, (Memo 1157), collection. The Federal Register Notice Air Transport Association. Intended effective date: 1 April 2008. with a 60-day comment period soliciting Subject: TC3 Areawide Resolutions, Docket Number: DOT–OST–2008– comments on the following collection of (Memo 1134), Minutes: TC3 Bangkok, 0040. information was published on March 12–19 November 2007, (Memo 1157), Date Filed: January 28, 2008. 20, 2008, vol. 73, no. 55, page 15042. Intended effective date: 1 April 2008. Parties: Members of the International This project involves the random and Docket Number: DOT–OST–2008– Air Transport Association. representative sampling of Flight 0035. Subject: TC3 Japan, Korea-South West Attendants currently employed by U.S. Date Filed: January 28, 2008. Pacific between Korea (Rep. of) and air carriers. Parties: Members of the International America Samoa, Resolutions & DATES: Please submit comments by July Air Transport Association. Specified Fares Tables, (Memo 1140), 11, 2008. Subject: TC3 South East Asia—South Minutes: TC3 Bangkok, 12–19 FOR FURTHER INFORMATION CONTACT: Asian Subcontinent Resolutions & November 2007, (Memo 1157), Intended Carla Mauney at [email protected]. Specified Fares Tables, (Memo 1135), effective date: 1 April 2008. SUPPLEMENTARY INFORMATION: Technical Correction: TC3 South East Docket Number: DOT–OST–2008– Federal Aviation Administration (FAA) Asia—South Asian Subcontinent 0041. Resolutions & Specified Fares Tables, Date Filed: January 28, 2008. Title: National Flight Attendant Duty/ (Memo 1147), Minutes: TC3 Bangkok, Parties: Members of the International Rest/Fatigue Survey. 12–19 November 2007, (Memo 1157), Air Transport Association. Type of Request: Approval of a new Intended effective date: 1 April 2008. Subject: TC3 Within South East Asia collection. OMB Control Number: 2120–XXXX. Docket Number: DOT–OST–2008– between Malaysia and Guam, Form(s): There are no FAA forms 0036. Resolutions & Specified Fares Tables, (Memo 1141), Minutes: TC3 Bangkok, associated with this collection. Date Filed: January 28, 2008. Affected Public: An estimated 12,000 Parties: Members of the International 12–19 November 2007, (Memo 1157), Intended effective date: 1 April 2008. Respondents. Air Transport Association. Frequency: This information is Subject: TC3 Within South Asian Docket Number: DOT–OST–2008– collected annually. Subcontinent, Resolutions & Specified 0042. Estimated Average Burden Per Fares Tables, (Memo 1136), Minutes: Date Filed: January 29, 2008. Response: Approximately 1 hour per TC3 Bangkok, 12–19 November 2007, Parties: Members of the International response. (Memo 1157), Intended effective date: 1 Air Transport Association. Estimated Annual Burden Hours: An April 2008. Subject: TC3 South West Pacific— estimated 12,000 hours annually. Docket Number: DOT–OST–2008– South Asian Subcontinent, South East Abstract: This project involves the 0037. Asia Resolutions & Specified Fares random and representative sampling of Date Filed: January 28, 2008. Tables, (Memo 1142), Minutes: TC3 Flight Attendants currently employed Parties: Members of the International Bangkok, 12–19 November 2007, (Memo by U.S. air carriers. The goal of this Air Transport Association. 1157), Intended effective date: 1 April effort is to identify the type of fatigue Subject: TC3 Within South East Asia 2008. that flight attendants experience, the except between Malaysia and Guam, Docket Number: DOT–OST–2008– frequency with which they experience Resolutions & Specified Fares Tables, 0047. fatigue, and the consequences fatigue

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33143

may have on the safety of U.S. air Maryland State Highway Federal programs and activities apply to this carriers. The results obtained from this Administration, U.S. Army Corps of program.) survey are intended to provide Engineers, U.S. Environmental Jitesh Parikh information to FAA policy makers Protection Agency, Maryland Project Delivery Team Leader, FHWA DelMar regarding flight attendant rest and duty Department of the Environment, and Division, Baltimore, Maryland. time. University of Maryland will prepare an [FR Doc. E8–13044 Filed 6–10–08; 8:45 am] ADDRESSES: Interested persons are Environmental Impact Statement (EIS) BILLING CODE 4910–22–P invited to submit written comments on for roadway improvements, which the proposed information collection to address mobility and safety for travelers the Office of Information and Regulatory to and from the University of Maryland DEPARTMENT OF TRANSPORTATION Affairs, Office of Management and (UM) Campus from I–95/I–495 and Budget. Comments should be addressed points north, while providing enhanced Federal Motor Carrier Safety to Nathan Lesser, Desk Officer, access to the university. Administration Department of Transportation/FAA, and sent via electronic mail to The study will also address the [Docket No. FMCSA–2008–0160] _ university’s growth and development oira [email protected] or faxed Medical Review Board Public Meeting to (202) 395–6974. goals, including plans for on and off- Comments are invited on: Whether campus parking facilities. An improved AGENCY: Federal Motor Carrier Safety the proposed collection of information connection between the I–95/I–495 Administration (FMCSA), DOT. is necessary for the proper performance interchange and the UM Campus is ACTION: Notice of Medical Review Board of the functions of the Department, needed to address the future traffic (MRB) Public Meeting. including whether the information will congestion on the local roadways that have practical utility; the accuracy of serve the campus, traffic flow associated SUMMARY: FMCSA announces a public the Department’s estimates of the with special events at the university, meeting of the Agency’s MRB. The MRB burden of the proposed information safety of the surrounding transportation public meeting will provide the public collection; ways to enhance the quality, network, and multi-modal an opportunity to observe and utility, and clarity of the information to transportation. The safety of bicyclists participate in MRB deliberations about the revision and development of Federal be collected; and ways to minimize the and pedestrians will also be considered. burden of the collection of information Motor Carrier Safety Regulation on respondents, including the use of Letters describing the proposed action (FMCSR) medical standards, in automated collection techniques or and soliciting comments were sent to accordance with the Federal Advisory other forms of information technology. appropriate Federal, State, and local Committee Act (FACA). Issued in Washington, DC, on June 3, 2008. government agencies, and to citizens DATES: The MRB meeting will be held and citizen groups who have previously Carla Mauney, from 9:00 a.m.–11:30 a.m. on July 18, expressed or are known to have an FAA Information Collection Clearance 2008. Please refer to the preliminary Officer, IT Enterprises Business Services interest in this proposal. A Scoping agenda for this meeting in the Division, AES–200. Meeting was held in July of 2007. It is SUPPLEMENTARY INFORMATION section of [FR Doc. E8–12904 Filed 6–10–08; 8:45 am] anticipated that an Alternate Public this notice for specific information. BILLING CODE 4910–13–M Workshop will be held in the Fall of ADDRESSES: The meeting will take place 2008. Alternatives are presently being at the Embassy Suites Old Town developed for the project. The length of Alexandria, 1900 Diagonal Road, DEPARTMENT OF TRANSPORTATION the project would vary between the Virginia Ballroom—Salon A, alternatives from approximately 2–4 Alexandria, VA 22314. You may submit Federal Highway Administration miles. comments bearing the Federal Docket Environmental Impact Statement: A Draft EIS will be available for Management System (FDMS) Docket ID Prince George’s County, MD public and agency review and comment FMCSA–2008–0160 using any of the prior to the Public Hearing. Public following methods: AGENCY: • Federal Highway notice will be given of the availability Federal eRulemaking Portal: Go to Administration (FHWA), DOT. of the Draft EIS for review and of the http://www.regulations.gov. Follow the on-line instructions for submitting ACTION: Notice of intent. time and place of the hearing. comments. SUMMARY: The FHWA is issuing this To ensure that the full range of issues • Mail: Docket Management Facility; notice to advise the public that an related to this proposed action are U.S. Department of Transportation, 1200 Environmental Impact Statement will be addressed and all significant issues New Jersey Avenue, SE., West Building prepared for a proposed road project in identified, comments and suggestions Ground Floor, Room W12–140, Prince George’s County, Maryland. are invited from all interested parties. Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Mr. Comments or questions concerning • Hand Delivery: West Building Phillip Bello, Area Engineer, Federal these proposed actions and EIS should Ground Floor, Room W12–140, 1200 Highway Administration DelMar be directed to the FHWA at the address New Jersey Avenue, SE., Washington, Division, City Crescent Building, 10 provided above. DC, between 9 a.m. and 5 p.m., Monday South Howard Street, Suite 2450, through Friday, except Federal holidays. Baltimore, MD 21201. Telephone: (410) (Catalog of Federal Domestic Assistance • Fax: 1–202–493–2251. Program Number 20.205, Highway Research, 779–7156. Or Mr. Alan Straus, Project Each submission must include the Planning and Construction. The regulation Manager, 707 N. Calvert Street, C–301, Agency name and the docket ID for this implementing Executive Order 12372 Baltimore, MD 21202. Telephone: (410) Notice. Note that DOT posts all regarding intergovernmental consultation of 891–9274. comments received without change to SUPPLEMENTARY INFORMATION: The http://www.regulations.gov, including FHWA, in cooperation with the any personal information included in a

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33144 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

comment. Please see the Privacy Act Background DEPARTMENT OF TRANSPORTATION heading below. Docket: For access to the docket to The U.S. Secretary of Transportation Federal Motor Carrier Safety read background documents or announced on March 7, 2006, the five Administration medical experts who serve on FMCSA’s comments, go to http:// [Docket ID FMCSA–2008–0137] www.regulations.gov at any time or Medical Review Board (MRB). Section Room W12–140 on the ground level of 4116 of the Safe, Accountable, Flexible, Qualification of Drivers; Exemption the West Building, 1200 New Jersey Efficient Transportation Equity Act: A Applications; Diabetes Avenue, SE., Washington, DC, between Legacy for Users (SAFETEA–LU, Pub. L. 9 a.m. and 5 p.m., Monday through 109–59) requires the Secretary of AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The Transportation with the advice of the Administration (FMCSA). FDMS is available 24 hours each day, MRB to ‘‘establish, review, and revise ACTION: Notice of applications for 365 days each year. If you want medical standards for operators of exemptions from the diabetes standard; acknowledgment that we received your Commercial Motor Vehicles (CMVs) that request for comments. comments, please include a self- will ensure that the physical condition SUMMARY: addressed, stamped envelope or of operators is adequate to enable them FMCSA announces receipt of applications from 56 individuals for postcard or print the acknowledgement operate the vehicles safely.’’ FMCSA is exemptions from the prohibition against page that appears after submitting planning updates to the physical persons with insulin-treated diabetes comments on-line. qualification regulations of CMV Privacy Act: Anyone may search the mellitus (ITDM) operating commercial drivers, and the MRB will provide the motor vehicles (CMVs) in interstate electronic form of all comments necessary science-based guidance to received into any of our dockets by the commerce. If granted, the exemptions establish realistic and responsible would enable these individuals with name of the individual submitting the medical standards. comment (or of the person signing the ITDM to operate commercial motor comment, if submitted on behalf of an The MRB operates in accordance with vehicles in interstate commerce. association, business, labor union, etc.). the Federal Advisory Committee Act DATES: Comments must be received on You may review the DOT’s complete (FACA) as announced in the Federal or before July 11, 2008. Privacy Act Statement in the Federal Register (70 FR 57642, October 3, 2005). ADDRESSES: You may submit comments Register published on April 11, 2000 The MRB is charged initially with the bearing the Federal Docket Management (65 FR 19476). This information is also review of all current FMCSA medical System (FDMS) Docket ID FMCSA– available at http://Docketinfo.dot.gov. standards (49 CFR 391.41), as well as 2008–0137 using any of the following FOR FURTHER INFORMATION CONTACT: Dr. proposing new science-based standards methods: • Mary D. Gunnels, Director, Medical and guidelines to ensure that drivers Federal eRulemaking Portal: Go to Programs, (202) 366–4001, operating CMVs in interstate commerce, http://www.regulations.gov. Follow the [email protected], FMCSA, as defined in CFR 390.5, are physically on-line instructions for submitting Department of Transportation, 1200 capable of doing so. comments. • Mail: Docket Management Facility; New Jersey Avenue, SE., Room W64– Meeting Participation 224, Washington, DC 20590–0001. U.S. Department of Transportation, 1200 Office hours are from 8:30 a.m. to 5 Attendance is open to the interested New Jersey Avenue, SE., West Building p.m., Monday through Friday, except public, including medical examiners, Ground Floor, Room W12–140, Washington, DC 20590–0001. Federal holidays. motor carriers, drivers, and • Hand Delivery: West Building Information on Services for representatives of medical and scientific Ground Floor, Room W12–140, 1200 Individuals with Disabilities: For associations. Written comments for this information on facilities or services for New Jersey Avenue, SE., Washington, MRB meeting will also be accepted DC, between 9 a.m. and 5 p.m., Monday individuals with disabilities or to beginning on June 11, 2008. and request special assistance at the through Friday, except Federal continuing until August 1, 2008, and Holidays. meeting, contact Jennifer Musick at should include the docket ID that is • 703–998–0189 ext. 237. Fax: 1–202–493–2251. listed in the ADDRESSES section. Each submission must include the SUPPLEMENTARY INFORMATION: The During the MRB meeting (0945–1015), Agency name and the docket ID for this * preliminary agenda for the meeting oral comments may be limited Notice. Note that DOT posts all includes: depending on how many persons wish comments received without change to 0900–0920 Call to Order, Introduction to comment; and will be accepted on a http://www.regulations.gov, including and Agenda Review first come, first serve basis as requestors any personal information included in a 0920–0945 Medical Review Board register at the meeting. The comments comment. Please see the Privacy Act Administrative Discussion must directly address relevant medical heading below. 0945–1015 Public Comment on Renal and scientific issues on the MRB Docket: For access to the docket to Disease meeting agenda. For more information, read background documents or 1015–1045 MRB Deliberations on please view the following Web site: comments, go to http:// www.regulations.gov at any time or Renal Disease http://www.fmcsa.dot.gov/mrb. 1045–1130 FMCSA Agency Update Room W12–140 on the ground level of and Answers to Frequently Asked Issued on: June 4, 2008. the West Building, 1200 New Jersey Questions Larry W. Minor, Avenue, SE., Washington, DC, between 1130 Call to Adjourn Associate Administrator for Policy and 9 a.m. and 5 p.m., Monday through Program Development. Friday, except Federal holidays. The * Breaks will be announced on meeting day and [FR Doc. E8–13103 Filed 6–10–08; 8:45 am] FDMS is available 24 hours each day, 365 days each year. If you want may be adjusted according to schedule changes and BILLING CODE 4910–EX–P other meeting requirements. acknowledgment that we received your

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33145

comments, please include a self- examined him in 2008 and certified that Scott A. Cary addressed, stamped envelope or he does not have diabetic retinopathy. Mr. Cary, 36, has had ITDM since postcard or print the acknowledgement He holds an operator’s license from New 1980. His endocrinologist examined him page that appears after submitting Hampshire. in 2008 and certified that he has had no comments on-line. Mark A. Arndt hypoglycemic reactions resulting in loss Privacy Act: Anyone may search the of consciousness, requiring the electronic form of all comments Mr. Arndt, 54, has had ITDM since assistance of another person, or received into any of our dockets by the 2006. His endocrinologist examined him resulting in impaired cognitive function name of the individual submitting the in 2007 and certified that he has had no that occurred without warning in the comment (or of the person signing the hypoglycemic reactions resulting in loss past 5 years; understands diabetes comment, if submitted on behalf of an of consciousness, requiring the management and monitoring; and has association, business, labor union, etc.). assistance of another person, or stable control of his diabetes using You may review the DOT’s complete resulting in impaired cognitive function insulin, and is able to drive a CMV Privacy Act Statement in the Federal that occurred without warning in the safely. Mr. Cary, meets the requirements Register published on April 11, 2000 past 5 years; understands diabetes of the vision standard at 49 CFR (65 FR 19477–78; Apr. 11, 2000). This management and monitoring; and has 391.41(b)(10). His ophthalmologist information is also available at http:// stable control of his diabetes using examined him in 2008 and certified that Docketinfo.dot.gov. insulin, and is able to drive a CMV he does not have diabetic retinopathy. FOR FURTHER INFORMATION CONTACT: Dr. safely. Mr. Arndt meets the He holds a Class A CDL from North Mary D. Gunnels, Director, Medical requirements of the vision standard at Carolina. Programs, (202) 366–4001, 49 CFR 391.41(b)(10). His Eugene W. Clark, Jr. [email protected], FMCSA, ophthalmologist examined him in 2008 Department of Transportation, 1200 and certified that he does not have Mr. Clark, 51, has had ITDM since New Jersey Avenue, SE., Room W64– diabetic retinopathy. He holds a Class A 2006. His endocrinologist examined him 224, Washington, DC 20590–0001. Commercial Driver’s License (CDL) from in 2008 and certified that he has had no Office hours are from 8:30 a.m. to 5 Illinois. hypoglycemic reactions resulting in loss p.m., Monday through Friday, except of consciousness, requiring the Federal holidays. David D. Canady assistance of another person, or SUPPLEMENTARY INFORMATION: Mr. Canady, 53, has had ITDM since resulting in impaired cognitive function 1990. His endocrinologist examined him that occurred without warning in the Background in 2008 and certified that he has had no past 5 years; understands diabetes Under 49 U.S.C. 31136(e) and 31315, hypoglycemic reactions resulting in loss management and monitoring; and has FMCSA may grant an exemption for a 2- of consciousness, requiring the stable control of his diabetes using year period if it finds ‘‘such exemption assistance of another person, or insulin, and is able to drive a CMV would likely achieve a level of safety resulting in impaired cognitive function safely. Mr. Clark meets the requirements that is equivalent to, or greater than, the that occurred without warning in the of the vision standard at 49 CFR level that would be achieved absent past 5 years; understands diabetes 391.41(b)(10). His optometrist examined such exemption.’’ The statutes also management and monitoring; and has him in 2008 and certified that he does allow the Agency to renew exemptions stable control of his diabetes using not have diabetic retinopathy. He holds at the end of the 2-year period. The 56 insulin, and is able to drive a CMV a Class B CDL from Wisconsin. individuals listed in this notice have safely. Mr. Canady meets the Jeffrey D. Crabtree recently requested an exemption from requirements of the vision standard at Mr. Crabtree, 48, has had ITDM since the diabetes prohibition in 49 CFR 49 CFR 391.41(b)(10). His optometrist 391.41(b)(3), which applies to drivers of 2000. His endocrinologist examined him examined him in 2008 and certified that in 2008 and certified that he has had no CMVs in interstate commerce. he does not have diabetic retinopathy. Accordingly, the Agency will evaluate hypoglycemic reactions resulting in loss He holds a Class A CDL from South of consciousness, requiring the the qualifications of each applicant to Carolina. determine whether granting the assistance of another person, or exemption will achieve the required William M. Camp resulting in impaired cognitive function level of safety mandated by the statutes. that occurred without warning in the Mr. Camp, 45, has had ITDM since past 5 years; understands diabetes Qualifications of Applicants 2002. His endocrinologist examined him management and monitoring; and has in 2008 and certified that he has had no Timothy R. Abraham stable control of his diabetes using hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV Mr. Abraham, age 37, has had ITDM of consciousness, requiring the safely. Mr. Crabtree meets the since 2004. His endocrinologist assistance of another person, or requirements of the vision standard at examined him in 2008 and certified that resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist he has had no hypoglycemic reactions that occurred without warning in the examined him in 2008 and certified that resulting in loss of consciousness, past 5 years; understands diabetes he does not have diabetic retinopathy. requiring the assistance of another management and monitoring; and has He holds a Class D operator’s license person, or resulting in impaired stable control of his diabetes using from New Jersey. cognitive function that occurred without insulin, and is able to drive a CMV warning in the past 5 years; understands safely. Mr. Camp meets the David C. Crawford diabetes management and monitoring; requirements of the vision standard at Mr. Crawford, 59, has had ITDM since and has stable control of his diabetes 49 CFR 391.41(b)(10). His optometrist 2007. His endocrinologist examined him using insulin, and is able to drive a examined him in 2008 and certified that in 2007 and certified that he has had no CMV safely. Mr. Abraham meets the he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss requirements of the vision standard at He holds a Class C operator’s license of consciousness, requiring the 49 CFR 391.41(b)(10). His optometrist from Georgia. assistance of another person, or

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33146 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

resulting in impaired cognitive function safely. Mr. Dyer meets the requirements Clayton L. Funk that occurred without warning in the of the vision standard at 49 CFR Mr. Funk, 25, has had ITDM since past 5 years; understands diabetes 391.41(b)(10). His optometrist examined 1989. His endocrinologist examined him management and monitoring; and has him in 2007 and certified that he does in 2008 and certified that he has had no stable control of his diabetes using not have diabetic retinopathy. He holds hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV a Class B CDL from Georgia. of consciousness, requiring the safely. Mr. Crawford meets the Stephen E. Foltz assistance of another person, or requirements of the vision standard at resulting in impaired cognitive function Mr. Foltz, 60, has had ITDM since 49 CFR 391.41(b)(10). His optometrist that occurred without warning in the 2006. His endocrinologist examined him examined him in 2007 and certified that past 5 years; understands diabetes in 2007 and certified that he has had no he does not have diabetic retinopathy. management and monitoring; and has hypoglycemic reactions resulting in loss He holds a Class A CDL from Oregon. stable control of his diabetes using of consciousness, requiring the insulin, and is able to drive a CMV David W. Dawley assistance of another person, or safely. Mr. Funk meets the requirements Mr. Dawley, 43, has had ITDM since resulting in impaired cognitive function of the vision standard at 49 CFR 1990. His endocrinologist examined him that occurred without warning in the 391.41(b)(10). His ophthalmologist in 2007 and certified that he has had no past 5 years; understands diabetes examined him in 2008 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he has stable nonproliferative diabetic of consciousness, requiring the stable control of his diabetes using retinopathy. He holds a Class A CDL assistance of another person, or insulin, and is able to drive a CMV from Kansas. resulting in impaired cognitive function safely. Mr. Foltz meets the requirements that occurred without warning in the of the vision standard at 49 CFR Bruce A. Gay past 5 years; understands diabetes 391.41(b)(10). His ophthalmologist Mr. Gay, 65, has had ITDM since management and monitoring; and has examined him in 2007 and certified that 2000. His endocrinologist examined him stable control of his diabetes using he has stable nonproliferative diabetic in 2007 and certified that he has had no insulin, and is able to drive a CMV retinopathy. He holds a Class A CDL hypoglycemic reactions resulting in loss safely. Mr. Dawley meets the from Missouri. of consciousness, requiring the requirements of the vision standard at Randall A. Ford assistance of another person, or 49 CFR 391.41(b)(10). His resulting in impaired cognitive function Mr. Ford, 49, has had ITDM since ophthalmologist examined him in 2007 that occurred without warning in the 1988. His endocrinologist examined him and certified that he has stable past 5 years; understands diabetes nonproliferative diabetic retinopathy. in 2007 and certified that he has had no management and monitoring; and has He holds a Class D operator’s license hypoglycemic reactions resulting in loss stable control of his diabetes using from Illinois. of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or Adam F. Demeter safely. Mr. Gay meets the requirements resulting in impaired cognitive function of the vision standard at 49 CFR Mr. Demeter, 45, has had ITDM since that occurred without warning in the 391.41(b)(10). His optometrist examined 2006. His endocrinologist examined him past 5 years; understands diabetes him in 2007 and certified that he does in 2007 and certified that he has had no management and monitoring; and has not have diabetic retinopathy. He holds hypoglycemic reactions resulting in loss stable control of his diabetes using a Class A CDL from South Dakota. of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Ford meets the requirements Jarret L. Gerber resulting in impaired cognitive function of the vision standard at 49 CFR Mr. Gerber, 38, has had ITDM since that occurred without warning in the 391.41(b)(10). His ophthalmologist 2005. His endocrinologist examined him past 5 years; understands diabetes examined him in 2007 and certified that in 2007 and certified that he has had no management and monitoring; and has he has stable nonproliferative diabetic hypoglycemic reactions resulting in loss stable control of his diabetes using retinopathy. He holds a Class D of consciousness, requiring the insulin, and is able to drive a CMV operator’s license from Iowa. assistance of another person, or safely. Mr. Demeter meets the Larry A. Fritz resulting in impaired cognitive function requirements of the vision standard at that occurred without warning in the 49 CFR 391.41(b)(10). His Mr. Fritz, 56, has had ITDM since past 5 years; understands diabetes ophthalmologist examined him in 2007 2006. His endocrinologist examined him management and monitoring; and has and certified that he has stable in 2008 and certified that he has had no stable control of his diabetes using nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV He holds a Class B CDL from New York. of consciousness, requiring the safely. Mr. Gerber meets the assistance of another person, or Henry D. Dyer requirements of the vision standard at resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist Mr. Dyer, 37, has had ITDM since that occurred without warning in the examined him in 2007 and certified that 2004. His endocrinologist examined him past 5 years; understands diabetes he does not have diabetic retinopathy. in 2007 and certified that he has had no management and monitoring; and has He holds a Class D operator’s license hypoglycemic reactions resulting in loss stable control of his diabetes using from Wisconsin. of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Fritz meets the requirements Frederick G. Gillespie resulting in impaired cognitive function of the vision standard at 49 CFR Mr. Gillespie, 55, has had ITDM since that occurred without warning in the 391.41(b)(10). His ophthalmologist 2005. His endocrinologist examined him past 5 years; understands diabetes examined him in 2008 and certified that in 2007 and certified that he has had no management and monitoring; and has he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss stable control of his diabetes using He holds a Class B CDL from of consciousness, requiring the insulin, and is able to drive a CMV Pennsylvania. assistance of another person, or

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33147

resulting in impaired cognitive function safely. Mr. Helton meets the nonproliferative diabetic retinopathy. that occurred without warning in the requirements of the vision standard at He holds a Class A CDL from Georgia. past 5 years; understands diabetes 49 CFR 391.41(b)(10). His William J. Jackson management and monitoring; and has ophthalmologist examined him in 2008 stable control of his diabetes using and certified that he has stable Mr. Jackson, 40, has had ITDM since insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. 2000. His endocrinologist examined him safely. Mr. Gillespie meets the He holds a Class A CDL from Ohio. in 2008 and certified that he has had no requirements of the vision standard at hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His Robert C. Hemeon of consciousness, requiring the ophthalmologist examined him in 2007 Mr. Hemeon, 52, has had ITDM since assistance of another person, or and certified that he does not have 2005. His endocrinologist examined him resulting in impaired cognitive function diabetic retinopathy. He holds a Class A in 2008 and certified that he has had no that occurred without warning in the CDL from California. hypoglycemic reactions resulting in loss past 5 years; understands diabetes management and monitoring; and has Jose L. Gonzales of consciousness, requiring the assistance of another person, or stable control of his diabetes using Mr. Gonzales, 37, has had ITDM since resulting in impaired cognitive function insulin, and is able to drive a CMV 2007. His endocrinologist examined him that occurred without warning in the safely. Mr. Jackson meets the in 2007 and certified that he has had no past 5 years; understands diabetes requirements of the vision standard at hypoglycemic reactions resulting in loss management and monitoring; and has 49 CFR 391.41(b)(10). His of consciousness, requiring the stable control of his diabetes using ophthalmologist examined him in 2008 assistance of another person, or insulin, and is able to drive a CMV and certified that he does not have resulting in impaired cognitive function safely. Mr. Hemeon meets the diabetic retinopathy. He holds a Class C that occurred without warning in the requirements of the vision standard at operator’s license from Iowa. past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist management and monitoring; and has Alan L. Johnson examined him in 2008 and certified that stable control of his diabetes using Mr. Johnson, 45, has had ITDM since he does not have diabetic retinopathy. insulin, and is able to drive a CMV 2007. His endocrinologist examined him He holds a Class B CDL from New safely. Mr. Gonzales meets the in 2008 and certified that he has had no Hampshire. requirements of the vision standard at hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His Marcus L. Jackson of consciousness, requiring the ophthalmologist examined him in 2007 assistance of another person, or Mr. Jackson, 35, has had ITDM since and certified that he does not have resulting in impaired cognitive function 2007. His endocrinologist examined him diabetic retinopathy. He holds a Class C that occurred without warning in the in 2008 and certified that he has had no operator’s license from California. past 5 years; understands diabetes hypoglycemic reactions resulting in loss management and monitoring; and has Kevin Gumbrell of consciousness, requiring the stable control of his diabetes using assistance of another person, or Mr. Gumbrell, 43, has had ITDM since insulin, and is able to drive a CMV resulting in impaired cognitive function 2002. His endocrinologist examined him safely. Mr. Johnson meets the that occurred without warning in the in 2008 and certified that he has had no requirements of the vision standard at past 5 years; understands diabetes hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His optometrist management and monitoring; and has of consciousness, requiring the examined him in 2007 and certified that stable control of his diabetes using assistance of another person, or he does not have diabetic retinopathy. insulin, and is able to drive a CMV resulting in impaired cognitive function He holds a Class A CDL from safely. Mr. Jackson meets the that occurred without warning in the Washington. past 5 years; understands diabetes requirements of the vision standard at management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist Nathan S. Kelley stable control of his diabetes using examined him in 2008 and certified that Mr. Kelley, 33, has had ITDM since insulin, and is able to drive a CMV he does not have diabetic retinopathy. 1987. His endocrinologist examined him safely. Mr. Gumbrell meets the He holds a Class chauffeur’s license in 2007 and certified that he has had no requirements of the vision standard at from Indiana. hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His Richard S. Jackson of consciousness, requiring the ophthalmologist examined him in 2008 assistance of another person, or and certified that he does not have Mr. Jackson, 57, has had ITDM since resulting in impaired cognitive function diabetic retinopathy. He holds a Class B 2005. His endocrinologist examined him that occurred without warning in the CDL from Florida. in 2007 and certified that he has had no past 5 years; understands diabetes hypoglycemic reactions resulting in loss management and monitoring; and has Danny E. Helton of consciousness, requiring the stable control of his diabetes using Mr. Helton, 46, has had ITDM since assistance of another person, or insulin, and is able to drive a CMV 2006. His endocrinologist examined him resulting in impaired cognitive function safely. Mr. Kelley meets the in 2008 and certified that he has had no that occurred without warning in the requirements of the vision standard at hypoglycemic reactions resulting in loss past 5 years; understands diabetes 49 CFR 391.41(b)(10). His of consciousness, requiring the management and monitoring; and has ophthalmologist examined him in 2007 assistance of another person, or stable control of his diabetes using and certified that he does not have resulting in impaired cognitive function insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class D that occurred without warning in the safely. Mr. Jackson meets the operator’s license from Alabama. past 5 years; understands diabetes requirements of the vision standard at management and monitoring; and has 49 CFR 391.41(b)(10). His Angela M. King stable control of his diabetes using ophthalmologist examined him in 2007 Ms. King, 24, has had ITDM since insulin, and is able to drive a CMV and certified that he has stable 1992. Her endocrinologist examined her

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33148 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

in 2008 and certified that she has had past 5 years; understands diabetes examined him in 2007 and certified that no hypoglycemic reactions resulting in management and monitoring; and has he has stable nonproliferative diabetic loss of consciousness, requiring the stable control of his diabetes using retinopathy. He holds a Class A CDL assistance of another person, or insulin, and is able to drive a CMV from Maine. resulting in impaired cognitive function safely. Mr. Mills meets the requirements that occurred without warning in the of the vision standard at 49 CFR Travis L. Ploman past 5 years; understands diabetes 391.41(b)(10). His optometrist examined Mr. Ploman, 38, has had ITDM since management and monitoring; and has him in 2008 and certified that he does 1997. His endocrinologist examined him stable control of her diabetes using not have diabetic retinopathy. He holds in 2007 and certified that he has had no insulin, and is able to drive a CMV a Class D operator’s license from Ohio. hypoglycemic reactions resulting in loss safely. Ms. King meets the requirements Richard Murphy of consciousness, requiring the of the vision standard at 49 CFR assistance of another person, or 391.41(b)(10). Her ophthalmologist Mr. Murphy, 30, has had ITDM since resulting in impaired cognitive function examined her in 2007 and certified that 1996. His endocrinologist examined him that occurred without warning in the she does not have diabetic retinopathy. in 2007 and certified that he has had no She holds a Class D operator’s license hypoglycemic reactions resulting in loss past 5 years; understands diabetes from Illinois. of consciousness, requiring the management and monitoring; and has assistance of another person, or stable control of his diabetes using Scott M. Lowry resulting in impaired cognitive function insulin, and is able to drive a CMV Mr. Lowry, 30, has had ITDM since that occurred without warning in the safely. Mr. Ploman meets the 2003. His endocrinologist examined him past 5 years; understands diabetes requirements of the vision standard at in 2007 and certified that he has had no management and monitoring; and has 49 CFR 391.41(b)(10). His hypoglycemic reactions resulting in loss stable control of his diabetes using ophthalmologist examined him in 2007 of consciousness, requiring the insulin, and is able to drive a CMV and certified that he does not have assistance of another person, or safely. Mr. Murphy meets the diabetic retinopathy. He holds a Class A resulting in impaired cognitive function requirements of the vision standard at CDL from Wisconsin. that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist Nicholas W. Pomnitz past 5 years; understands diabetes examined him in 2007 and certified that management and monitoring; and has he does not have diabetic retinopathy. Mr. Pomnitz, 24, has had ITDM since stable control of his diabetes using He holds a Class D operator’s license 1995. His endocrinologist examined him insulin, and is able to drive a CMV from New Hampshire. in 2008 and certified that he has had no safely. Mr. Lowry meets the Edward F. Murray hypoglycemic reactions resulting in loss requirements of the vision standard at of consciousness, requiring the Mr. Murray, 49, has had ITDM since 49 CFR 391.41(b)(10). His optometrist assistance of another person, or 2006. His endocrinologist examined him examined him in 2008 and certified that resulting in impaired cognitive function in 2007 and certified that he has had no he does not have diabetic retinopathy. that occurred without warning in the hypoglycemic reactions resulting in loss He holds a Class D operator’s license past 5 years; understands diabetes of consciousness, requiring the from Minnesota. management and monitoring; and has assistance of another person, or stable control of his diabetes using Ramon A. Mateo resulting in impaired cognitive function insulin, and is able to drive a CMV Mr. Mateo, 68, has had ITDM since that occurred without warning in the safely. Mr. Pomnitz meets the 2003. His endocrinologist examined him past 5 years; understands diabetes requirements of the vision standard at in 2007 and certified that he has had no management and monitoring; and has 49 CFR 391.41(b)(10). His hypoglycemic reactions resulting in loss stable control of his diabetes using ophthalmologist examined him in 2008 of consciousness, requiring the insulin, and is able to drive a CMV and certified that he does not have assistance of another person, or safely. Mr. Murray meets the diabetic retinopathy. He holds a Class D resulting in impaired cognitive function requirements of the vision standard at operator’s license from New Jersey. that occurred without warning in the 49 CFR 391.41(b)(10). His past 5 years; understands diabetes ophthalmologist examined him in 2007 Thomas G. Riley, Jr. management and monitoring; and has and certified that he does not have stable control of his diabetes using diabetic retinopathy. He holds a Class A Mr. Riley, 56, has had ITDM since insulin, and is able to drive a CMV CDL from New York. 2002. His endocrinologist examined him safely. Mr. Mateo meets the in 2007 and certified that he has had no Peter H. Palen, Jr. requirements of the vision standard at hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His Mr. Palen, 56, has had ITDM since of consciousness, requiring the ophthalmologist examined him in 2007 1997. His endocrinologist examined him assistance of another person, or and certified that he does not have in 2007 and certified that he has had no resulting in impaired cognitive function diabetic retinopathy. He holds a Class D hypoglycemic reactions resulting in loss that occurred without warning in the operator’s license from Illinois. of consciousness, requiring the past 5 years; understands diabetes assistance of another person, or management and monitoring; and has Robert L. Mills, Jr. resulting in impaired cognitive function stable control of his diabetes using Mr. Mills, 56, has had ITDM since that occurred without warning in the insulin, and is able to drive a CMV 1980. His endocrinologist examined him past 5 years; understands diabetes safely. Mr. Riley meets the requirements in 2007 and certified that he has had no management and monitoring; and has of the vision standard at 49 CFR hypoglycemic reactions resulting in loss stable control of his diabetes using 391.41(b)(10). His optometrist examined of consciousness, requiring the insulin, and is able to drive a CMV him in 2008 and certified that he does assistance of another person, or safely. Mr. Palen meets the requirements not have diabetic retinopathy. He holds resulting in impaired cognitive function of the vision standard at 49 CFR a Class D operator’s license from that occurred without warning in the 391.41(b)(10). His ophthalmologist Tennessee.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33149

Melvin D. Robertson assistance of another person, or using insulin, and is able to drive a Mr. Robertson, 54, has had ITDM resulting in impaired cognitive function CMV safely. Mr. Schmoyer meets the since 2003. His endocrinologist that occurred without warning in the requirements of the vision standard at examined him in 2007 and certified that past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist he has had no hypoglycemic reactions management and monitoring; and has examined him in 2008 and certified that resulting in loss of consciousness, stable control of his diabetes using he does not have diabetic retinopathy. requiring the assistance of another insulin, and is able to drive a CMV He holds a Class A CDL from person, or resulting in impaired safely. Mr. Santiago meets the Pennsylvania. requirements of the vision standard at cognitive function that occurred without Joseph E. Sobiech warning in the past 5 years; understands 49 CFR 391.41(b)(10). His diabetes management and monitoring; ophthalmologist examined him in 2008 Mr. Sobiech, 50, has had ITDM since and has stable control of his diabetes and certified that he does not have 2008. His endocrinologist examined him using insulin, and is able to drive a diabetic retinopathy. He holds a Class E in 2008 and certified that he has had no CMV safely. Mr. Robertson meets the operator’s license from Louisiana. hypoglycemic reactions resulting in loss requirements of the vision standard at Jeremy S. Samiec of consciousness, requiring the 49 CFR 391.41(b)(10). His optometrist assistance of another person, or Mr. Samiec, 29, has had ITDM since examined him in 2008 and certified that resulting in impaired cognitive function 1995. His endocrinologist examined him he does not have diabetic retinopathy. that occurred without warning in the in 2008 and certified that he has had no He holds a Class C operator’s license past 5 years; understands diabetes hypoglycemic reactions resulting in loss from California. management and monitoring; and has of consciousness, requiring the stable control of his diabetes using Robert A. Roskamp assistance of another person, or insulin, and is able to drive a CMV resulting in impaired cognitive function Mr. Roskamp, 70, has had ITDM since safely. Mr. Sobiech meets the that occurred without warning in the 2006. His endocrinologist examined him requirements of the vision standard at past 5 years; understands diabetes in 2008 and certified that he has had no 49 CFR 391.41(b)(10). His optometrist management and monitoring; and has hypoglycemic reactions resulting in loss examined him in 2008 and certified that stable control of his diabetes using of consciousness, requiring the he does not have diabetic retinopathy. insulin, and is able to drive a CMV assistance of another person, or He holds a Class A CDL from safely. Mr. Samiec meets the resulting in impaired cognitive function Wisconsin. that occurred without warning in the requirements of the vision standard at past 5 years; understands diabetes 49 CFR 391.41(b)(10). His John J. Sorce ophthalmologist examined him in 2008 management and monitoring; and has Mr. Sorce, 67, has had ITDM since and certified that he does not have stable control of his diabetes using 1992. His endocrinologist examined him diabetic retinopathy. He holds a Class D insulin, and is able to drive a CMV in 2008 and certified that he has had no operator’s license from Arizona. safely. Mr. Roskamp meets the hypoglycemic reactions resulting in loss requirements of the vision standard at Patrick D. Schiller of consciousness, requiring the 49 CFR 391.41(b)(10). His Mr. Schiller, 70, has had ITDM since assistance of another person, or ophthalmologist examined him in 2008 resulting in impaired cognitive function and certified that he does not have 2006. His endocrinologist examined him in 2007 and certified that he has had no that occurred without warning in the diabetic retinopathy. He holds a Class A past 5 years; understands diabetes CDL from Iowa. hypoglycemic reactions resulting in loss of consciousness, requiring the management and monitoring; and has Brandon M. Ross assistance of another person, or stable control of his diabetes using Mr. Ross, 29, has had ITDM since resulting in impaired cognitive function insulin, and is able to drive a CMV 2004. His endocrinologist examined him that occurred without warning in the safely. Mr. Sorce meets the requirements in 2008 and certified that he has had no past 5 years; understands diabetes of the vision standard at 49 CFR hypoglycemic reactions resulting in loss management and monitoring; and has 391.41(b)(10). His ophthalmologist of consciousness, requiring the stable control of his diabetes using examined him in 2007 and certified that assistance of another person, or insulin, and is able to drive a CMV he has stable nonproliferative diabetic resulting in impaired cognitive function safely. Mr. Schiller meets the retinopathy. He holds a Class D that occurred without warning in the requirements of the vision standard at operator’s license from Illinois. past 5 years; understands diabetes 49 CFR 391.41(b)(10). His Donald J. Stabler management and monitoring; and has ophthalmologist examined him in 2007 stable control of his diabetes using and certified that he does not have Mr. Stabler, 31, has had ITDM since insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A 2000. His endocrinologist examined him safely. Mr. Ross meets the requirements CDL from Michigan. in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of the vision standard at 49 CFR Bruce D. Schmoyer 391.41(b)(10). His optometrist examined of consciousness, requiring the him in 2008 and certified that he does Mr. Schmoyer, 59, has had ITDM assistance of another person, or not have diabetic retinopathy. He holds since 2007. His endocrinologist resulting in impaired cognitive function a Class D operator’s license from North examined him in 2007 and certified that that occurred without warning in the Dakota. he has had no hypoglycemic reactions past 5 years; understands diabetes resulting in loss of consciousness, management and monitoring; and has Ulysses A. Santiago, Jr. requiring the assistance of another stable control of his diabetes using Mr. Santiago, 54, has had ITDM since person, or resulting in impaired insulin, and is able to drive a CMV 2003. His endocrinologist examined him cognitive function that occurred without safely. Mr. Stabler meets the in 2007 and certified that he has had no warning in the past 5 years; understands requirements of the vision standard at hypoglycemic reactions resulting in loss diabetes management and monitoring; 49 CFR 391.41(b)(10). His optometrist of consciousness, requiring the and has stable control of his diabetes examined him in 2008 and certified that

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33150 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

he does not have diabetic retinopathy. Lawrence M. Tanner of consciousness, requiring the He holds a Class A CDL from Indiana. Mr. Tanner, 28, has had ITDM since assistance of another person, or resulting in impaired cognitive function Ronald L. Stigall 1981. His endocrinologist examined him in 2008 and certified that he has had no that occurred without warning in the Mr. Stigall, 38, has had ITDM since hypoglycemic reactions resulting in loss past 5 years; understands diabetes 1994. His endocrinologist examined him of consciousness, requiring the management and monitoring; and has stable control of his diabetes using in 2007 and certified that he has had no assistance of another person, or insulin, and is able to drive a CMV hypoglycemic reactions resulting in loss resulting in impaired cognitive function safely. Mr. Udulutch meets the of consciousness, requiring the that occurred without warning in the past 5 years; understands diabetes requirements of the vision standard at assistance of another person, or 49 CFR 391.41(b)(10). His optometrist resulting in impaired cognitive function management and monitoring; and has stable control of his diabetes using examined him in 2007 and certified that that occurred without warning in the he does not have diabetic retinopathy. past 5 years; understands diabetes insulin, and is able to drive a CMV safely. Mr. Tanner meets the He holds a Class D operator’s license management and monitoring; and has from Wisconsin. stable control of his diabetes using requirements of the vision standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV Joshua C. Webb ophthalmologist examined him in 2008 safely. Mr. Stigall meets the Mr. Webb, 30, has had ITDM since and certified that he has stable 1984. His endocrinologist examined him requirements of the vision standard at nonproliferative diabetic retinopathy. in 2008 and certified that he has had no 49 CFR 391.41(b)(10). His He holds a Class C operator’s license hypoglycemic reactions resulting in loss ophthalmologist examined him in 2007 from Nevada. and certified that he has stable of consciousness, requiring the nonproliferative diabetic retinopathy. Robert D. Tarkington assistance of another person, or He holds a Class D operator’s license Mr. Tarkington, 42, has had ITDM resulting in impaired cognitive function from Arkansas. since 1999. His endocrinologist that occurred without warning in the examined him in 2007 and certified that past 5 years; understands diabetes Cory C. Struble he has had no hypoglycemic reactions management and monitoring; and has stable control of his diabetes using Mr. Struble, 35, has had ITDM since resulting in loss of consciousness, insulin, and is able to drive a CMV 1985. His endocrinologist examined him requiring the assistance of another safely. Mr. Webb meets the in 2007 and certified that he has had no person, or resulting in impaired requirements of the vision standard at hypoglycemic reactions resulting in loss cognitive function that occurred without warning in the past 5 years; understands 49 CFR 391.41(b)(10). His optometrist of consciousness, requiring the examined him in 2007 and certified that assistance of another person, or diabetes management and monitoring; and has stable control of his diabetes he does not have diabetic retinopathy. resulting in impaired cognitive function using insulin, and is able to drive a He holds a Class D operator’s license that occurred without warning in the CMV safely. Mr. Tarkington meets the from Arkansas. past 5 years; understands diabetes requirements of the vision standard at Robert C. Whitney management and monitoring; and has 49 CFR 391.41(b)(10). His stable control of his diabetes using ophthalmologist examined him in 2008 Mr. Whitney, 54, has had ITDM since insulin, and is able to drive a CMV and certified that he does not have 2007. His endocrinologist examined him safely. Mr. Struble meets the diabetic retinopathy. He holds a Class D in 2007 and certified that he has had no requirements of the vision standard at operator’s license from Alaska. hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His optometrist of consciousness, requiring the examined him in 2008 and certified that Richard L. Thistle assistance of another person, or he does not have diabetic retinopathy. Mr. Thistle, 49, has had ITDM since resulting in impaired cognitive function He holds a Class D operator’s license 1975. His endocrinologist examined him that occurred without warning in the from North Dakota. in 2007 and certified that he has had no past 5 years; understands diabetes hypoglycemic reactions resulting in loss management and monitoring; and has James L. Swedenburg, Jr. of consciousness, requiring the stable control of his diabetes using Mr. Swedenburg, 51, has had ITDM assistance of another person, or insulin, and is able to drive a CMV since 2007. His endocrinologist resulting in impaired cognitive function safely. Mr. Whitney meets the examined him in 2008 and certified that that occurred without warning in the requirements of the vision standard at he has had no hypoglycemic reactions past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist management and monitoring; and has resulting in loss of consciousness, examined him in 2007 and certified that stable control of his diabetes using he does not have diabetic retinopathy. requiring the assistance of another insulin, and is able to drive a CMV He holds a Class A CDL from Utah. person, or resulting in impaired safely. Mr. Thistle meets the Request for Comments cognitive function that occurred without requirements of the vision standard at warning in the past 5 years; understands 49 CFR 391.41(b)(10). His optometrist In accordance with 49 U.S.C. 31136(e) diabetes management and monitoring; examined him in 2008 and certified that and 31315, FMCSA requests public and has stable control of his diabetes he has stable nonproliferative diabetic comment from all interested persons on using insulin, and is able to drive a retinopathy. He holds a Class D the exemption petitions described in CMV safely. Mr. Swedenburg meets the operator’s license from Massachusetts. this Notice. We will consider all requirements of the vision standard at comments received before the close of 49 CFR 391.41(b)(10). His optometrist Travis A. Udulutch business on the closing date indicated examined him in 2008 and certified that Mr. Udulutch, 31, has had ITDM since in the dates section of the Notice. he does not have diabetic retinopathy. 2007. His endocrinologist examined him FMCSA notes that Section 4129 of the He holds a Class A CDL from in 2007 and certified that he has had no Safe, Accountable, Flexible and Minnesota. hypoglycemic reactions resulting in loss Efficient Transportation Equity Act: A

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33151

Legacy for Users (SAFETEA–LU) DEPARTMENT OF TRANSPORTATION The following 38 applicants lacked requires the Secretary to revise its sufficient driving experience during the diabetes exemption program established Federal Motor Carrier Safety three-year period prior to the date of on September 3, 2003 (68 FR 52441).1 Administration their application. The revision must provide for Atkinson, Ray C., Qualification of Drivers; Exemption individual assessment of drivers with Bivens, Mark C., Applications; Vision diabetes mellitus, and be consistent Chance, Thomas A., with the criteria described in section AGENCY: Federal Motor Carrier Safety Christian, Travis M., 4018 of the Transportation Equity Act Administration (FMCSA), DOT. Chupp, John, for the 21st Century (49 U.S.C. 31305). ACTION: Notice of denials. Davis, Clayton T., Edler, III, John E., Section 4129 requires: (1) The SUMMARY: FMCSA announces its denial Engelen, Patricia, elimination of the requirement for three of 330 applications from individuals Evertson, Jess C., years of experience operating CMVs who requested an exemption from the Gilbert, Ron, while being treated with insulin; and (2) Federal vision standard applicable to Goldman, Gary E., the establishment of a specified interstate truck and bus drivers and the Gordy, David L., minimum period of insulin use to reasons for the denials. FMCSA has Haltiwanger, Ivory, demonstrate stable control of diabetes statutory authority to exempt Haubrich, Eugene, before being allowed to operate a CMV. individuals from the vision requirement Kauffman, Herman, In response to section 4129, FMCSA if the exemptions granted will not Kaul, Bruce, made immediate revisions to the compromise safety. The Agency has Kell, William B., diabetes exemption program established concluded that granting these Kelly, Thomas B., by the September 3, 2003 Notice. exemptions does not provide a level of Law, Stevie J., FMCSA discontinued use of the 3-year safety that will be equivalent to, or Lettenberger, Steven A., Logan, Timothy R., driving experience and fulfilled the greater than, the level of safety Martin, Donald, requirements of section 4129 while maintained without the exemptions for these commercial motor vehicle (CMV) Merckling, Doyle W., continuing to ensure that operation of drivers. Mullen, David A., CMVs by drivers with ITDM will FOR FURTHER INFORMATION CONTACT: Nelson, Roger L., achieve the requisite level of safety Dr. Mary D. Gunnels, Director, Medical Ottaway, David, required of all exemptions granted Programs, 202–366–4001, U.S. Reinhard, James, under 49 U.S.C. 31136(e). Department of Transportation, FMCSA, Roeder, Michael A., Section 4129(d) also directed FMCSA 1200 New Jersey Avenue, SE., Room Runde, Faber A., to ensure that drivers of CMVs with W64–224, Washington, DC 20590–0001. Salazar, Carlos E., ITDM are not held to a higher standard Office hours are from 8:30 a.m. to 5 p.m. Sarphie, Jeffery E., than other drivers, with the exception of Monday through Friday, except Federal Seamster, Robert W., limited operating, monitoring and holidays. Suess, Richard A., Tallon, Thomas, medical requirements that are deemed SUPPLEMENTARY INFORMATION: medically necessary. Tye, Charles L., Background Weiderhold, Russell S., FMCSA concluded that all of the Under 49 U.S.C. 31136(e) and 31315, Wenger, Jeff B., operating, monitoring and medical Wright, Jason D. requirements set out in the September 3, FMCSA may grant an exemption from the Federal vision standard for a The following 52 applicants do not 2003 Notice, except as modified, were renewable two-year period if it finds have any experience operating a CMV. in compliance with section 4129(d). ‘‘such an exemption would likely Bailey, Ryan B., Therefore, all of the requirements set achieve a level of safety that is Beach, Steven W., out in the September 3, 2003 Notice, equivalent to, or greater than, the level Berglund, Stanley K., except as modified by the Notice in the that would be achieved absent such an Bowermaster, Tammy L., Federal Register on November 8, 2005 exemption.’’ The procedures for Broadstock, Donald R., (70 FR 67777), remain in effect. requesting an exemption are set out in Bushard, Eric P., Dated: June 4, 2008. 49 CFR part 381. Clitton, Richard T., Larry W. Minor, Accordingly, FMCSA evaluated 330 Davidson, Larry A., individual exemption requests on their Finnegan, Patrick J., Associate Administrator for Policy and merits and made a determination that Garza, Aaron F., Program Development. these applicants do not satisfy the Gomez, Roberto F., [FR Doc. E8–13147 Filed 6–10–08; 8:45 am] criteria eligibility or meet the terms and Gossett, Timothy M., BILLING CODE 4910–EX–P conditions of the Federal exemption Hammock, Jr., John W., program. Each applicant has, prior to Happ, Michael A., this notice, received a letter of final Harper, Kendrick L., disposition on his/her exemption Harris, Charles, request. Those decision letters fully Hartzheim, Matthew L., outlined the basis for the denial and Hirdes, Cary, constitute final Agency action. The list Hodo, Dustin M., published today summarizes the Holliday, Jr., William A., 1 Section 4129(a) refers to the 2003 Notice as a ‘‘final rule.’’ However, the 2003 Notice did not issue Agency’s recent denials as required Holloway, Jamie W., a ‘‘final rule’’ but did establish the procedures and under 49 U.S.C. 31315(b)(4) by Homan, Brandon M., standards for issuing exemptions for drivers with periodically publishing names and Irons, Jr., James S., ITDM. reasons for denials. Jones, Austin R.,

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33152 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Jones, Deborah A., Lajoie, Daniel, Snook, John T., Lackey, John D., Macias, Tom, Spooner, Tom L., Lockett, Antonio D., Mancera, Carlos A., Taylor, Richard E., Madrigal, Daniel S., O’Keeffe, Kevin C., Treinen, Michael J., Maldonado, Edgardo L., Painter, Ralph L., Trosky, George R., Malone, Michael E., Pierce, Patricia H., Trupia, Larry, McCartney, Carlton L., Pineda, Louis A., Urscher, Eric A., Merrill, Beau R., Pitts, Douglas, Whitney, Terry B., Mickelson, Shane A., Rasmussen, Wesley J., Williams Jr., Robert L., Milton, Robert E., Ratcliff, Donna S., Zagorica, Osman Morris, Timothy J., Rice, Robert C., The following 7 applicants do not Morrison, Kevin A., Rosenthal, Donald A., have verifiable proof of commercial Murphy, Marvis L., Rehnke, Jerald W., driving experience over the past three Plunkett, Thomas B., Russell, Christopher O., years under normal highway operating Pollard, Todd J., Shepherd, David F., conditions: Ramos, Arturo C., Siron, Percival C., Broadway, Herman A., Roberts, William E., Smith, Sr., Richard A., Grantham, Anthony S., Servatius, Randy P., Sosa, Oscar A., Lowery, Michael W., Shannon, Patrick L., Statler, Randall C., White, Jeffrey A., Silva, Jr., Juan M., Stockwell, Kenneth D., Whitehead, Wayne A., Spivey, Daniel L., Susi, Jeffrey W., Lilly, Steven, Sprague, Brian W., Tonkinson, Greg M., Parrott, Jr., Bobby L. Sullivan, Shannon S., Truong, Quoc T., Theis, Glenn R., Vanderpool, Jr., George F., The following 44 applicants do not Torres, Jr., Ramon, Varnum, Joseph K., have sufficient driving experience over Tyler, Jr., Raymond E., Vaughn, Joseph L., the past 3 years under normal highway White, William S., Watkins, Sean M., operating conditions. Williams, Aloysious L. Watts, Anthony J., Araya, Christian G., The following 70 applicants do not Wiles, Kevin B., Baxter, Roger D., have 3 years of experience driving a Wiley, Larry R., Benna, Robert A., CMV on public highways with the Williams, Jr., Olen L., Bonillas, Mark S., vision deficiency. Williams, Reggie, Borne, Robert L., Botkins, David L., Bader, Lisa A., Zanassi, Eric C., Zitzmann, Timothy G. Casey, John K., Ballot, Frederick R., Chaffee, Ryan C., The following 40 applicants do not Boice, Frederick A., Coburn, Sr., Curtis G., have 3 years of recent experience Brock, Richard W., Cox, Bobby, driving a CMV with the vision Brown, Robert L., Davidson, Dwayne S., deficiency. Burcham, Jimmy L., Fuentes, Henry U., Cockrum, William R., Angeles, Joseph, Garcia, Rogelio, Covert, LyDale M., Barnett, Jameson L., Grison, Geno, Davis, Kelly J., Barragan, Omar, Hall, Julian R., Dellar, Andrew D., Blankenship, III, John L., Handzel, Michael J., Delossantos, Felicia, Bolbat, Thomas L., Harmer, Scott M., Derr, Gregory E., Busby, James E., Hartsell, Steven D., Doran, Edward T., Carroll, Michael J., Haslam, Grant L., Dukes, David, Davis, Robert Z., Holidy, Michael B., Espinoza, Jr., Ralph, DeMaster, Jason D., Johnson, Van G., Estrada, Sr., Henry, Everett, Jr., Edward J., Kinney, Kenneth L., Flores, Alvaro, Frederick, Douglas R., Maxwell, Brian D., Frasier, Milan D., Hachett, Jimmy E., Mix, James A., Fulkerson, Gerald E., Hanson, Ronald M., Nideiwodin, Victor, Garvin, Sean T., Hays, Michael L. Nieves, Julio, Gibson, Omar, Holley, Terry C., Osborn, Clinton E., Gragg, Danny L., Hunt, Jefferson J., Perez, Fernando, Gutierrez, Jr., Vicente, Johnson, Jr., Deward, Pomerleau, Frank W., Gregerson, Paul A., Johnson, Katie J., Reyes, Angelo, Harrison, David, Martin, Neville, Richart, Herman D., Hayes, Patricia D., Meyer, Douglas S., Rothove, Melvin, Hill, Robert C., Mikulcik, Stephen W., Sastre, Jaime F., Ingram, III, Warren H., Montoya, Pablo, Stewart, Ricky A., Janke, Edward R., Moss, Charles, Thomas, Charles R., Jaso, Sr., Joe H., Nabeshima, Erick G., Turley, Charles E., Johnson, Artie E., Neil, Harry S., Urmston, Donald L., Johnson, Walter S., Peace, Anthony W., VanBooven, Harold J., Jones, Donald S., Probst, Rick L., Vann, Robert C., Kelly, David L., Rossbach, Kenneth B.. White, Kirk J., Kimkowski, Kevin M., Salter, Johnny, Williams, Matthew M., Knaack, Roger A., Skeete, Dana, Willson, Wilbur,

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33153

Wilson, Keith B., Two applicants, William R. DEPARTMENT OF TRANSPORTATION Winkley, Michael S. Cummings and Francis Popp, had more The following 14 applicants had than 2 serious CMV violations within a Federal Motor Carrier Safety commercial driver’s licenses three-year period. Each applicant is Administration suspensions during the three-year allowed a total of 2 moving violations, [Docket Nos. FMCSA–01–11426, FMCSA– review period in relation to a moving one of which can be serious. 03–16564, FMCSA–05–21711, FMCSA–05– violation. Applicants do not qualify for Three applicants, Christopher L. 22194, FMCSA–05–23099, FMCSA–06– an exemption with a suspension during Kervin, Jose P. Martinez and Robert G. 23773] the three-year period. Springer, were charged with a moving violation in conjunction with a CMV Qualification of Drivers; Exemption Adair, William L., Renewals; Vision Bales, Jimmy, accident, which is a disqualifying Christensen, Ryan J., offense. AGENCY: Federal Motor Carrier Safety Demessa Michael D., One applicant, John C. Towner, Administration (FMCSA), DOT. Douglas, Bobby R., contributed to an accident while ACTION: Notice of final disposition. Figaro, Juan F., operating a CMV. Applicants do not Foster, Jeramie P., qualify for an exemption if they have SUMMARY: FMCSA, in an earlier notice, Head, Jr., Clifton E., contributed to an accident during the announced its decision to renew the Lockley, Robert, three-year review period. exemptions from the vision requirement Malone, Emanuel N., Two applicants, James Peltier and in the Federal Motor Carrier Safety Martin, Jr., Edward H., Inocensio Patino, did not have sufficient Regulations for 13 individuals. FMCSA Ramirez, Ricardo, peripheral vision in the better eye to has statutory authority to exempt Sanford, Willie J., qualify for an exemption. individuals from the vision requirement Timmerman, David E. One applicant, Patrick Leahy, had if the exemptions granted will not The following 7 applicants do not other medical conditions making him compromise safety. The Agency has hold a license which allowed operation otherwise unqualified under the Federal reviewed the comments submitted in of vehicles over 10,000 pounds for all or Motor Carrier Safety Regulations. response to the previous announcement and concluded that granting these part of the three-year period. One applicant, Allen L. Blackwell, exemptions will provide a level of safety Sr., did not submit all of the required Acrey, Sammy T., that will be equivalent to, or greater documentation and therefore presented George, Gerry A., than, the level of safety maintained no verifiable evidence that he met the Helle, Kalen G., without the exemptions for these terms and conditions of the Federal Phipps, Donald R., commercial motor vehicle (CMV) vision exemption program. Routin, Kevin L., drivers. Stabeno, Lawrence E., One applicant, Dale E. St. Germaine, Turner, Nickalous R. was disqualified because his vision was FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical The following 30 applicants were not stable for the entire three-year Programs, (202) 366–4001, denied for miscellaneous/multiple review period. [email protected], FMCSA, reasons. Finally, the following 17 applicants Department of Transportation, 1200 met the current federal vision standards. Bates, Danny K., New Jersey Avenue, SE., Room W64– Exemptions are not required for Bauer, Jeffery A., 224, Washington, DC 20590–0001. applicants who meet the current Beauchamp, Robert O., Office hours are from 8:30 a.m. to 5 p.m. regulations for vision. Bolton, Sarah D., Monday through Friday, except Federal Bush, Arnold E., Acierno, Luigi, holidays. Chapman, Edward C., Benton, Thomas F., SUPPLEMENTARY INFORMATION: Coffin, Roland C., Davis, Jeff, Davenport, Timothy A., Electronic Access Davis, David L., Forsberg, Ernest D., Furan, Robert D., You may see all the comments online Delamarter, Kenneth G. through the Federal Document Gonzalez, Juan C., Drevetzki, Mark P., Management System (FDMS) at http:// Elsesser, Barry L., Frach, Jeff, www.regulations.gov. Estrella, Cliserio J., Green, Billy D., Background Farnsworth, Gary P., Hilliard, David H., Field, Roy M., Horner, Charles, Under 49 U.S.C. 31136(e) and 31315, Green, Billy D., Lambert, Charles W., FMCSA may grant an exemption for a 2- Haines, Thomas E., year period if it finds ‘‘such exemption Ports, Donald, Harrison, David, would likely achieve a level of safety Harrison, Ernest L., Pyle, David T., that is equivalent to, or greater than, the Hasty, Brett K. Lange, Royce E., level that would be achieved absent Ladd, Harry A., Stubrich, Dennis W., such exemption.’’ The statute also Llamas, Martin, Wade, Wayne L., allows the Agency to renew exemptions Mariner, Mikeal W., Yancey, Keith. at the end of the 2-year period. The McVicker, James R., notice was published on March 21, 2008 Savely, Danny W., Issued on: June 5, 2008. (FR 73 15254), and the comment period Scholz, Duane R., Charles A. Horan, ended on April 21, 2008. Sherfield, Sr., Timothy J., Acting Associate Administrator for Policy and Sneath, Larry D., Program Development. Discussion of Comments Taylor, Jessie J., [FR Doc. E8–13148 Filed 6–10–08; 8:45 am] FMCSA received no comments in this Turner, Roy W. BILLING CODE 4910–EX–P proceeding.

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES 33154 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices

Conclusion 223.11(c) shall apply to MCRY 1256 available for examination during regular The Agency has not received any while operating on MCRY property at business hours (9 a.m.–5 p.m.) at the adverse evidence on any of these drivers speeds not exceeding 10 mph.’’ On above facility. All documents in the that indicates that safety is being December 31, 2007, MCRY asked FRA public docket are also available for compromised. Based upon its for reconsideration of Condition inspection and copying on the Internet evaluation of the 13 renewal Number 1 to allow an increase in at the docket facility’s Web site at applications, FMCSA renews the operating speed of the locomotive from http://www.regulations.gov. Federal vision exemptions for Roy L. 10 mph to 15 mph. Anyone is able to search the Allen, Lyle H. Banser, Lloyd J. Botsford, MCRY is a tourist railroad operating electronic form of any written Walter M. Brown, Charley J. Davis, Paul over 4.2 miles of private rights-of-way in communications and comments D. Gaither, Thomas R. Hedden, Sergio rural Wisconsin, with a track speed of received into any of our dockets by the A. Hernandez, Lucio Leal, Earl R. Mark, 15 mph. In addition, FRA previously name of the individual submitting the Michael R. Moore, Richard W. Neyens, granted safety glazing waivers to MCRY comment (or signing the comment on and Bill L. Pearcy. for two of their diesel locomotives with behalf of an association, business, labor In accordance with 49 U.S.C. 31136(e) maximum operating speeds of 15 mph. union, etc.). You may review DOT’s and 31315, each renewal exemption will The petitioner states that when more complete Privacy Act Statement in the be valid for 2 years unless revoked than one train is operated at a time, it Federal Register published on April 11, earlier by FMCSA. places an undue hardship on them by 2000 (Volume 65, Number 70; Pages The exemption will be revoked if: (1) restricting the speed of Locomotive 19477–78). Number 1256 to 10 mph. There have The person fails to comply with the Issued in Washington, DC on June 5, 2008. been no reported accidents/injuries at terms and conditions of the exemption; Grady C. Cothen, Jr., (2) the exemption has resulted in a MCRY related to safety glazing, and the lower level of safety than was change would make the conditions of Deputy Associate Administrator for Safety Standards and Program Development. maintained before it was granted; or (3) this waiver consistent with those of the continuation of the exemption would two previously granted. Pursuant to the [FR Doc. E8–13113 Filed 6–10–08; 8:45 am] not be consistent with the goals and receipt of the waiver request, FRA is BILLING CODE 4910–06–P objectives of 49 U.S.C. 31136 and 31315. hereby providing the public an Issued on: June 4, 2008. opportunity to comment on this waiver. Interested parties are invited to Larry W. Minor, participate in these proceedings by DEPARTMENT OF THE TREASURY Associate Administrator for Policy and submitting written views, data, or Program Development. Office of Foreign Assets Control comments. All communications [FR Doc. E8–13125 Filed 6–10–08; 8:45 am] concerning these proceedings should Additional Designation of Individuals BILLING CODE 4910–EX–P identify the appropriate docket number Pursuant to Executive Order 13224 (FRA–2006–26300) and may be AGENCY: Office of Foreign Assets DEPARTMENT OF TRANSPORTATION submitted by one of the following methods: Control, Treasury. • Federal Railroad Administration Web site: http:// ACTION: Notice. www.regulations.gov. Follow the online Petition for Waiver of Compliance instructions for submitting comments. SUMMARY: The Treasury Department’s • Fax: 202–493–2251. Office of Foreign Assets Control In accordance with Part 211 of Title • Mail: Docket Operations Facility, (‘‘OFAC’’) is publishing the names of 49 Code of Federal Regulations (CFR), U.S. Department of Transportation, 1200 three newly-designated individuals notice is hereby given that the Federal New Jersey Avenue, SE., W12–140, whose property and interests in Railroad Administration (FRA) received Washington, DC 20590. property are blocked pursuant to a request for a waiver of compliance • Hand Delivery: 1200 New Jersey Executive Order 13224 of September 23, from certain requirements of its safety Avenue, SE., Room W12–140, 2001, ‘‘Blocking Property and standards. The individual petition is Washington, DC 20590, between 9 a.m. Prohibiting Transactions With Persons described below, including the party and 5 p.m., Monday through Friday, Who Commit, Threaten To Commit, or seeking relief, the regulatory provisions except Federal holidays. Support Terrorism.’’ involved, the nature of the relief being FRA does not anticipate scheduling a DATES: The designation by the Director requested, and the petitioner’s public hearing in connection with these of OFAC of three individuals identified arguments in favor of relief. proceedings since the facts do not in this notice, pursuant to Executive Mid-Continent Railway Historical appear to warrant a hearing. If any Order 13224, is effective on June 5, Society, Inc. interested party desires an opportunity 2008. for oral comment, they should notify [Docket Number FRA–2006–26300] FRA, in writing, before the end of the FOR FURTHER INFORMATION CONTACT: On March 15, 2007, FRA granted a comment period and specify the basis Assistant Director, Compliance waiver of compliance from certain for their request. Outreach & Implementation, Office of provisions of the safety glazing Communications received within 30 Foreign Assets Control, Department of standards, as prescribed by 49 CFR days of the date of this notice or within the Treasury, Washington, DC 20220, Section 223.11, Requirements for 30 days following the filing of tel.: 202/622–2490. existing locomotives, to the Mid- supporting safety data, whichever is SUPPLEMENTARY INFORMATION: Continent Railway Historical Society, later, will be considered by FRA before Electronic and Facsimile Availability Inc. (MCRY) for diesel-electric final action is taken. Comments received Locomotive Number 1256. Condition after that date will be considered as far This document and additional Number 1 of the above-referenced as practicable. information concerning OFAC are approval letter states: ‘‘This approval of All written communications available from OFAC’s Web site the requirements of 49 CFR Section concerning these proceedings are (http://www.treas.gov/ofac) or via

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 33155

facsimile through a 24-hour fax-on- Homeland Security and the Attorney other relevant agencies, designated, demand service, tel.: 202/622–0077. General, to have committed, or to pose pursuant to one or more of the criteria a significant risk of committing, acts of set forth in subsections 1(b), 1(c) or 1(d) Background terrorism that threaten the security of of the Order, three whose property and On September 23, 2001, the President U.S. nationals or the national security, interests in property are blocked issued Executive Order 13224 (the foreign policy, or economy of the United pursuant to Executive Order 13224. ‘‘Order’’) pursuant to the International States; (3) persons determined by the The list of designees is as follows: Emergency Economic Powers Act, 50 Director of OFAC, in consultation with ABD AL-KHALIQ, Adil Muhammad U.S.C. 1701–1706, and the United the Departments of State, Homeland Mahmud (a.k.a. ABDUL KHALED, Adel Nations Participation Act of 1945, 22 Security and Justice, to be owned or Mohamed Mahmood; a.k.a. ABDUL U.S.C. 287c. In the Order, the President controlled by, or to act for or on behalf KHALIQ, Adel Mohamed Mahmoud); declared a national emergency to of those persons listed in the Annex to address grave acts of terrorism and the Order or those persons determined DOB 2 Mar 1984; POB Bahrain; Passport threats of terrorism committed by to be subject to subsection 1(b), 1(c), or 1632207 (Bahrain) (individual) [SDGT]. foreign terrorists, including the 1(d)(i) of the Order; and (4) except as AL-SUBAIY, Khalifa Muhammad September 11, 2001, terrorist attacks in provided in section 5 of the Order and Turki (a.k.a. ALSUBAIE, Khalifa Mohd New York, Pennsylvania, and at the after such consultation, if any, with Turki; a.k.a. AL-SUBAIE, Khalifa Mohd Pentagon. The Order imposes economic foreign authorities as the Secretary of Turki; a.k.a. AL-SUBAYI, Khalifa; a.k.a. sanctions on persons who have State, in consultation with the Secretary BIN AL-SUAIY, Khalifa Turki bin committed, pose a significant risk of of the Treasury, the Secretary of the Muhammad); DOB 1 Jan 1965; citizen committing, or support acts of terrorism. Department of Homeland Security and Qatar; National ID No. 26563400140 The President identified in the Annex to the Attorney General, deems (Qatar); Passport 00685868 (Qatar) the Order, as amended by Executive appropriate in the exercise of his (individual) [SDGT]. Order 13268 of July 2, 2002, 13 discretion, persons determined by the JAFFAR ‘ALI, ‘Abd al-Rahman individuals and 16 entities as subject to Director of OFAC, in consultation with Muhammad (a.k.a. JAFFAR, the economic sanctions. The Order was the Departments of State, Homeland Abdulrahman Mohammad; a.k.a. further amended by Executive Order Security and Justice, to assist in, JAFFER ALI, Abdul Rahman Mohamed; 13284 of January 23, 2003, to reflect the sponsor, or provide financial, material, a.k.a. JAFFIR ALI, Abd al-Rahman; a.k.a. creation of the Department of Homeland or technological support for, or financial JAFFIR, ’Abd al-Rahman Muhammad; Security. or other services to or in support of, a.k.a. JAFIR ’ALI, ’Abd al-Rahman Section 1 of the Order blocks, with such acts of terrorism or those persons Muhammad; a.k.a. ‘‘ABU MUHAMMAD certain exceptions, all property and listed in the Annex to the Order or AL-KHAL’’; a.k.a. ‘‘’ALI AL-KHAL’’); interests in property that are in or determined to be subject to the Order or DOB 15 Jan 1968; POB Muharraq, hereafter come within the United States to be otherwise associated with those Bahrain; nationality Bahrain or the possession or control of United persons listed in the Annex to the Order (individual) [SDGT]. States persons, of: (1) Foreign persons or those persons determined to be Dated: June 5, 2008. listed in the Annex to the Order; (2) subject to subsection 1(b), 1(c), or 1(d)(i) foreign persons determined by the of the Order. Adam J. Szubin, Secretary of State, in consultation with On June 5, 2008 the Director of OFAC, Director, Office of Foreign Assets Control. the Secretary of the Treasury, the in consultation with the Departments of [FR Doc. E8–13118 Filed 6–10–08; 8:45 am] Secretary of the Department of State, Homeland Security, Justice and BILLING CODE 4811–45–P

VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 sroberts on PROD1PC70 with NOTICES Wednesday, June 11, 2008

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 32 2008–2009 Refuge-Specific Hunting and Sport Fishing Regulations; Final Rule

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33158 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

DEPARTMENT OF THE INTERIOR fulfillment of refuge purposes or the Refuge Recreation Act of 1962 (16 Refuge System’s mission. U.S.C. 460k–460k–4) (Recreation Act) Fish and Wildlife Service Provisions governing hunting and govern the administration and public sport fishing on refuges are in title 50 of use of refuges. 50 CFR Part 32 the Code of Federal Regulations in part Amendments enacted by the 32 (50 CFR part 32). We regulate Improvement Act built upon the RIN 1018–AU61 hunting and sport fishing on refuges to: Administration Act in a manner that • Ensure compatibility with refuge provides an ‘‘organic act’’ for the Refuge 2008–2009 Refuge-Specific Hunting purpose(s); System similar to those that exist for and Sport Fishing Regulations • Properly manage the fish and other public Federal lands. The wildlife resource(s); Improvement Act serves to ensure that AGENCY: Fish and Wildlife Service, • Protect other refuge values; we effectively manage the Refuge Interior. • Ensure refuge visitor safety; and System as a national network of lands, ACTION: Final rule. • Provide opportunities for quality waters, and interests for the protection fish and wildlife-dependent recreation. and conservation of our Nation’s SUMMARY: The Fish and Wildlife Service On many refuges where we decide to wildlife resources. The Administration adds one refuge to the list of areas open allow hunting and sport fishing, our Act states first and foremost that we for sport fishing. We also amend certain general policy of adopting regulations focus our Refuge System mission on regulations on other refuges that pertain identical to State hunting and sport conservation of fish, wildlife, and plant to migratory game bird hunting, upland fishing regulations is adequate in resources and their habitats. The game hunting, big game hunting, and meeting these objectives. On other Improvement Act requires the Secretary, sport fishing for the 2008–2009 season. refuges, we must supplement State before allowing a new use of a refuge, DATES: This rule is effective July 11, regulations with more-restrictive or before expanding, renewing, or 2008. Federal regulations to ensure that we extending an existing use of a refuge, to meet our management responsibilities, FOR FURTHER INFORMATION CONTACT: determine that the use is compatible as outlined in the ‘‘Statutory Authority’’ Leslie A. Marler, (703) 358–2397; Fax with the mission for which the refuge section. We issue refuge-specific (703) 358–2248. was established. The Improvement Act hunting and sport fishing regulations established as the policy of the United SUPPLEMENTARY INFORMATION: The when we open wildlife refuges to States that wildlife-dependent National Wildlife Refuge System migratory game bird hunting, upland recreation, when compatible, is a Administration Act of 1966 closes game hunting, big game hunting, or legitimate and appropriate public use of national wildlife refuges in all States sport fishing. These regulations list the the Refuge System, through which the except Alaska to all uses until opened. wildlife species that you may hunt or American public can develop an The Secretary of the Interior (Secretary) fish, seasons, bag or creel (container for appreciation for fish and wildlife. The may open refuge areas to any use, carrying fish) limits, methods of hunting Improvement Act established six including hunting and/or sport fishing, or sport fishing, descriptions of areas wildlife-dependent recreational uses, upon a determination that such uses are open to hunting or sport fishing, and when compatible, as the priority general compatible with the purposes of the other provisions as appropriate. You public uses of the Refuge System. These refuge and National Wildlife Refuge may find previously issued refuge- uses are: Hunting, fishing, wildlife System (Refuge System or our/we) specific regulations for hunting and observation and photography, and mission. The action also must be in sport fishing in 50 CFR part 32. In this environmental education and accordance with provisions of all laws rulemaking, we are also standardizing interpretation. applicable to the areas, developed in and clarifying the language of existing The Recreation Act authorizes the coordination with the appropriate State regulations. Secretary to administer areas within the fish and wildlife agency(ies), consistent Refuge System for public recreation as with the principles of sound fish and Plain Language Mandate an appropriate incidental or secondary wildlife management and In this rule we made some of the use only to the extent that doing so is administration, and otherwise in the revisions to the individual refuge units practicable and not inconsistent with public interest. These requirements to comply with a Presidential mandate the primary purpose(s) for which ensure that we maintain the biological to use plain language in regulations; as Congress and the Service established the integrity, diversity, and environmental such, these particular revisions do not areas. The Recreation Act requires that health of the Refuge System for the modify the substance of the previous any recreational use of refuge lands be benefit of present and future generations regulations. These types of changes compatible with the primary purpose(s) of Americans. include using ‘‘you’’ to refer to the for which we established the refuge and We annually review refuge hunting reader and ‘‘we’’ to refer to the Refuge not inconsistent with other previously and sport fishing programs to determine System, using the word ‘‘allow’’ instead authorized operations. whether to include additional refuges or of ‘‘permit’’ when we do not require the The Administration Act and whether individual refuge regulations use of a permit for an activity, and using Recreation Act also authorize the governing existing programs need active voice (i.e., ‘‘We restrict entry into Secretary to issue regulations to carry modifications. Changing environmental the refuge’’ vs. ‘‘Entry into the refuge is out the purposes of the Acts and conditions, State and Federal restricted’’.) regulate uses. regulations, and other factors affecting We develop specific management fish and wildlife populations and Statutory Authority plans for each refuge prior to opening it habitat may warrant modifications to The National Wildlife Refuge System to hunting or sport fishing. In many refuge-specific regulations to ensure the Administration Act of 1966 (16 U.S.C. cases, we develop refuge-specific continued compatibility of hunting and 668dd–668ee, as amended by the regulations to ensure the compatibility sport fishing programs and to ensure National Wildlife Refuge System of the programs with the purpose(s) for that these programs will not materially Improvement Act of 1997 [Improvement which we established the refuge and the interfere with or detract from the Act]) (Administration Act) and the Refuge System mission. We ensure

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33159

initial compliance with the situations; carrying in and setting up issue, the commenter felt that a better Administration Act and the Recreation tree stands each morning is noisy thus rule would be to require all deer hunters Act for hunting and sport fishing on forecasting to the deer the arrival of to shoot a doe before they are allowed newly acquired refuges through an hunters; it will limit the number of a buck, and for the refuge to return some interim determination of compatibility hunters physically able to transport of the refuge land that is grass back to made at or near the time of acquisition. their stands on a daily basis; and this agriculture crops, thereby keeping the These regulations ensure that we make change is unfair as the refuge was deer on the refuge for the hunters and the determinations required by these purchased with ‘‘Pittman-Roberts’’ leaving a larger protion of the crops for acts prior to adding refuges to the lists money and would severely limit hunter winter food for wildlife. of areas open to hunting and sport access. Response 3: The technique of taking fishing in 50 CFR part 32. We ensure Response 2: We have decided not to a doe before a buck is used to take more continued compliance by the adopt this amendment and, for this does on a specific area and has no development of comprehensive season, we will retain the 2005–2006 bearing on the proposed rule (the same conservation plans, specific plans, and regulations, which ask hunters to is true about habitat on the refuge). by annual review of hunting and sport remove their personal property from the Enforcing an ‘‘earn a buck’’ hunt is fishing programs and regulations. refuge at the end of the season. We costly and generally used as a last resort would remind hunters to please keep in Response to Public Comment when an area cannot sufficiently fill its mind the impact their blind has on allotted doe tags to effectively manage In the July 24, 2006, Federal Register other hunters and ask that they leave the deer population on the refuge. (71 FR 41864), we published a proposed blinds up only for the periods in which DeSoto NWR has had no trouble filling rulemaking identifying refuges and their the blinds will receive that hunter’s use. needed tags for the deer hunts. As far as proposed hunting and/or fishing DeSoto National Wildlife Refuge, management of habitat, DeSoto has programs and invited public comments. which consists of land the majority of conducted extensive public reviews, We reviewed and considered all which was purchased with Migratory including Federal Register comment comments received by August 16, 2006, Bird Conservation Fund dollars, does periods, during the creation of the the end of a 30-day comment period that not require the use of tree stands by station’s comprehensive conservation opened on the date of public filing (July hunters for deer hunting. If the hunters plan (CCP) in 2001. A major portion of 17, 2006). We received 24 comments on believe it is unsafe to put up or take the CCP states the types of habitat that the proposed rule. We grouped the down a tree stand in the dark or in the refuge will support. We decided that comments/responses by major issue daylight, or if hunters perceive that the refuge would reduce the acres in area. issues such as noise or physical agricultural crop ground to 475 acres by Comment 1: A commenter asked why problems limit their success, they 2015. The refuge is converting cropland on Delta National Wildlife Refuge in should use other methods to hunt deer acreage to more natural and regionally Louisiana we are limiting ‘‘recreational such as ground blinds or hunting within scarce habitats such as native fishing’’ to 1/2 hour before and after easier walking distance to parking lots, daylight hours as there is no such etc. We do not regulate where hunters grasslands, riparian forests dominated limitation for commercial trawlers and place themselves. The refuge by cottonwood, and moist soil/wetland fishermen. The commenter feels it is management acknowledges there is plant communities. We made no arbitrary to exclude recreational inherent risk in any type of activity on changes to the rule as a result of this fishermen who may wish to nightfish a refuge. We strongly promote hunter comment. for red drum or speckle trout during the safety in all of our hunts. Rifle and bow Comment 4: In another comment hot summer. hunters are responsible for any shot related to DeSoto NWR, a commenter Response 1: We close Delta NWR to they take. During the 2005 season rifle asked how our wildlife refuges can have all night activities, and we prohibit hunts, many hunters sat on the ground, different sets of rules concerning the commercial activities on the refuge. used ground blinds, or simply sat on a application of tree stands for deer There are several navigable waterways bucket, and we had no reported hunters in the many refuges across the flowing through the interior of the accidents by hunters. Disabled hunters, country. refuge that are not under our conversely, use ground blinds. When Response 4: For the most part, our jurisdiction. The State of Louisiana hunters place a stand on Federal land, refuge regulations are consistent with allows crabbing on those navigable they are effectively claiming that section State regulations, which may reflect the waters but access to those areas would of ground as their own, whether that is variances in refuge decisions concerning still be through the refuge, and thus we their intention or not. Other hunters, changes in rules on the same issue from would prohibit access at night. All users coming through the area scouting for a refuge to refuge. We also allow refuge of the refuge must abide by the same spot to hunt, see the first hunter’s stand managers the latitude to be more guidelines of access before and after and often leave the area because it has restrictive than the State when they legal sunset. We made no change to the been ‘‘claimed.’’ Hunters on Federal deem it necessary and appropriate for rule as a result of this comment. land, while in the act of hunting, have their particular refuge. But differences Comment 2: Several commenters the privilege to use an area for their between refuges occur even within the asked why DeSoto National Wildlife hunt. However, when they are through same State. In Montana, for example, Refuge in Iowa had changed its policy hunting, they need to leave the area Charles M. Russell NWR allows year- regarding removal of tree stands for unclaimed so another hunter may have round stands, while Lee Metcalf NWR bowhunters at the end of each hunting the same opportunity to hunt that spot requires daily removal of stands. By this day as opposed to at the end of each and so that the nonhunting public may regulation, DeSoto NWR will continue season. They enumerated the following view an unlittered landscape. We to allow deer stands to remain in place concerns: Putting up and taking down removed the language requiring daily for the entire season. We prefer that tree stands in the dark is dangerous and removal of tree stands from DeSoto hunters leave them up only for the unsafe; the rule will cause rifle hunters NWR’s regulation. periods when they will receive regular to shoot from the ground instead of Comment 3: Also at DeSoto NWR, in use. We changed the regulation (see using stands thus creating unsafe a related comment to the tree stand Response #2) to reflect this decision.

VerDate Aug<31>2005 17:17 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33160 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Comment 5: In a comment also related that a 30-day comment period, through opportunities for parents and their to DeSoto Refuge, the commenter said the broader publication following the children to safely engage in traditional that the State regulations say that any earlier public involvement, gives the outdoor activities, such as fishing and stand put up on public ground becomes public sufficient time to comment and hunting...’’ As discussed in this public property for others to use, and allows us to establish hunting and Response to Public Comment section that this rule has served DeSoto well fishing programs in time for the and elsewhere in this SUPPLEMENTARY and should be continued. upcoming seasons. Many of these rules INFORMATION section, those refuges that Response 5: As discussed in #4 above, also relieve restrictions and allow the have made decisions regarding hunting we adopt State regulations where we public to participate in wildlife- and/or fishing opportunities have can, but we may also be more restrictive dependent recreational activities on a complied with E.O. 12996 and the than the States. DeSoto NWR number of refuges. Even after issuance responsibilities and requirements experienced many problems with this of a final rule, we accept comments, mandated under the Administration Act aspect of the State’s policy concerning suggestions, and concerns for and the Improvement Act addressing ‘‘ownership’’ of stands. Some hunters consideration for any appropriate compatibility and consistency with would erect six to eight stands to subsequent rulemaking. refuge purposes. We made no changes to ‘‘block’’ an area, and very few hunters Concerning the comment on this rule as a result of this comment. would use someone else’s stand. On Executive Order 12996 (March 25, 1996) Comment 7: Several commenters those rare occasions when hunters tried (E.O. 12996) that hunting and/or fishing expressed opposition to opening refuges to use someone else’s stand, we were programs are inconsistent with refuge- to hunting and fishing and believe informed that those hunters were refuges should offer safe haven for specific purposes and represent an threatened. For the reasons discussed in wildlife. incompatible use, E.O. 12996 helped the comments above, we are changing Response 7: The National Wildlife refine the mission and guiding the regulations to allow hunters to leave Refuge System Administration Act of principles of the Refuge System. It their blinds in for the season, however, 1966 authorizes the Secretary to allow provided directives to the Secretary of we prefer that hunters limit their blind uses of any refuge area as long as those the Interior in carrying out his trustee placement to those periods of regular uses are compatible; and, in fact, the and stewardship responsibility of the use and only put up one blind per Administration Act specifically Refuge System. Regarding public hunter. references hunting and fishing. Comment 6: Several commenters involvement, E.O. 12996 stated, ‘‘The Amendments to the Administration Act requested an extension of the 30-day public should be given a full and open made by the National Wildlife Refuge public comment period to gather and opportunity to participate in decisions System Improvement Act establish examine each refuge’s ‘‘opening regarding acquisition and management wildlife-dependent recreational uses as package’’ and to allow more thoughtful of our National Wildlife Refuges.’’ We priority uses and include hunting and review of the proposed rule. In believe we provide the public that fishing in the definition of those uses. connection with this, one commenter opportunity, as discussed above. E.O. The principal focus of the felt that we were in conflict with 12996 goes on to establish Public Use as Improvement Act was to clearly Executive Order 12996, ‘‘Management one of the four guiding principles of the establish a wildlife conservation and General Public Use of the National Refuge System. The President affirmed mission for the Refuge System and Wildlife Refuge System,’’ and the public as one of these principles that ‘‘The provide managers clear direction to involvement section therein and also Refuge System provides important make determinations regarding wildlife felt that hunting programs are opportunities for compatible wildlife- conservation and public uses within the ‘‘generally inconsistent with refuge- dependent recreational activities units of the Refuge System. The Service specific purposes and represent an involving hunting, fishing, wildlife manages national wildlife refuges incompatible use.’’ observation and photography, and primarily for wildlife conservation, Response 6: We disagree that the environmental education and habitat protection, and biological comment period is insufficient. The interpretation.’’ Further in E.O. 12996, integrity, and allows uses only when process of opening refuges is done in the President directs the Secretary of the compatible with the refuge purpose(s). stages, with the fundamental work being Interior ‘‘to recognize compatible In passing the Improvement Act, done on the ground at the refuge and in wildlife-dependent recreational Congress reaffirmed the System was the community where the program is activities involving hunting, fishing, created to conserve fish, wildlife, plants, administered. In these stages, the public wildlife observation and photography, and their habitats and would facilitate is provided other opportunities to and environmental education and opportunities for Americans to comment, for example, on the interpretation as priority general public participate in compatible wildlife- comprehensive conservation plans and uses of the Refuge System through dependent recreation, including hunting the compatibility determinations. The which the American public can develop and/or fishing on Refuge system lands. second stage is when we publish the an appreciation for fish and wildlife; to The Service has adopted policies and proposed rule in the Federal Register provide expanded opportunities for regulations implementing the each summer for additional comment, these priority public uses within the requirements of the Improvement Act commonly a 30-day comment period. In Refuge System when they are that refuge managers comply with when 2006, the proposed rule went on public compatible and consistent with sound considering hunting and fishing file on July 17, published on July 24, principles of fish and wildlife programs. We made no changes to the and the public comment period ended management, and are otherwise in the rule as a result of this comment. August 16, 30 days after the date the public interest; [to] ensure that such Comment 8: A commenter felt the document went on public file. priority public uses receive enhanced Service erred in categorically excluding We make every attempt to collect all attention in planning and management the proposed rule from National of the proposals from the refuges within the Refuge System; [and to] Environmental Policy Act (NEPA) nationwide and process them provide increased opportunities for review and believes that an expeditiously to maximize the time families to experience wildlife- Environmental Impact Statement (EIS) available for public review. We believe dependent recreation, particularly should have been prepared. They

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33161

further believe that we did not follow Modifications From the Proposed Rule Lake, and Lake Thibadeau. Finally, we Endangered Species Act (ESA) are correcting the administrative errors In light of a U.S. District Court mandates. in 50 CFR part 32. We discuss all of decision issued August 31, 2006, we Response 8: We disagree. As these actions later in this preamble made some changes to the rule as discussed in SUPPLEMENTARY under ‘‘Changes to 2008–2009 Hunting proposed on July 24, 2006, in the INFORMATION, we detail the steps that and Sport Fishing Season.’’ follow NEPA and ESA mandates. This Federal Register (71 FR 41864). Pending final rule represents a compilation of a completion of additional analysis, we Curtailment of Fishing at Midway Atoll new sport fishing opening and corrects are withdrawing from this rule the National Wildlife Refuge existing language for refuges listed in 50 following: the opening of the hunting program at the new national wildlife On June 15, 2006, Presidential CFR part 32. Cape May NWR has Proclamation 8031 established the included the appropriate NEPA and refuge, Hamden Slough in Minnesota; and the expansion of activities at the Northwestern Hawaiian Islands Marine ESA Section 7 compliance for the sport National Monument, which also fishing opening package. The reference following national wildlife refuges: Agassiz in Minnesota; Blackwater in encompasses the Hawaiian Islands to a categorical exclusion in the National Wildlife Refuge and the proposed rule is no longer applicable to Maryland; Whittlesey Creek in Wisconsin; and Upper Ouachita, Bayou Midway Atoll National Wildlife Refuge/ this final rule. Our NEPA compliance is Battle of Midway National Memorial. In the relevant environmental assessment Cocodrie, and Tensas River in Louisiana and the associated regulations dealing the context of this Proclamation only, for the sport fishing opening and the we hereby prohibit sport fishing within previously opened programs to which with those activities. Finally, we are removing the proposed modifications the Midway Atoll Special Management minor modifications are being made. Area. This proclamation and its Comment 9: A commenter felt that for Upper Mississippi River National implementation does not set a precedent members of the nonhunting public Wildlife and Fish Refuge in the State of or otherwise establish policy for other would be ‘‘cumulatively impacted by Minnesota published in the Federal refuges within the National Wildlife the Service’s vast expansion of hunting Register on July 24, 2006 (71 FR 41864). Refuge System. on refuges, because these nonhunters On June 28, 2007, we published a are foreclosed from enjoying refuges proposed rule (72 FR 35380) in the Changes to the 2008–2009 Hunting and during hunting seasons due to the Federal Register identifying Sport Fishing Season possibility of being shot at or viewing amendments to the refuge-specific wounded birds or animals, thus limiting regulations for Upper Mississippi River In preparation for new openings, we the recreational opportunities the National Wildlife and Fish Refuge and prepare and approve, at the appropriate refuges afford nonconsumptive invited comments for 30 days. On Regional Office and in Washington, recreationalists.’’ September 7, 2007, we published a final documentation of National Response 9: When we decide to open rule (72 FR 51534) in the Federal Environmental Policy Act (NEPA) and a refuge to any activity, we consider the Register amending the regulations for the Endangered Species Act; and we impacts on and interrelationships of all this refuge. consult with the State and, where users. The time that refuges are open to appropriate, Tribal wildlife management Unchanged Elements From the hunting as opposed to activities for agency. The Regional Director certifies Proposed Rule nonconsumptive recreationalists is very that the opening of Cape May National limited, and we would restrict those The new sport fishing program at Wildlife Refuge (State of New Jersey) to areas where we allow hunting during Cape May NWR in New Jersey remains sport fishing has been found to be those limited hunting seasons to hunters in the rule as does a new listing for Holt compatible with the purpose(s) for only, to avoid any possibility of visitors Collier NWR (offering upland and big which the refuge was established and ‘‘being shot at.’’ Also, we stress the game hunting) in Mississippi, as it was the Refuge System mission. Copies of importance of game retrieval with created from the existing Yazoo NWR the compatibility determinations for this hunters so the likelihood of ‘‘viewing where the hunts had been opened refuge are available by request to the wounded birds or animals’’ would be previously. We are modifying the list of Regional office noted under the heading extremely slim. Many refuges even refuges in part 32 to reflect the four ‘‘Available Information for Specific allow dogs to accompany the hunter for wetland management districts that are Refuges.’’ just that purpose. We made no changes open to all four activities in Montana: Table 1 summarizes our changes for to the rule as a result of this comment. Black Coulee, Creedman Coulee, Hewitt the 2008–2009 season.

TABLE 1.—CHANGES FOR 2008–2009 HUNTING/FISHING SEASON

National wildlife refuge State Migratory bird hunting Upland hunting Big game hunting Fishing

Cape May ...... NJ ..... Previously published ...... Previously published ...... B. Holt Collier ...... MS ...... A ...... A. Black Coulee ...... MT ..... Previously published ...... Previously published ...... C. Creedman Coulee ...... MT ..... Previously published ...... C ...... C. Hewitt Lake ...... MT ..... Previously published ...... C ...... C. Lake Thibadeau ...... MT ..... Previously published ...... C ...... C. A = Refuge was created from existing land that was part of Yazoo NWR Complex, which was already open to all 3 hunting opportunities in 50 CFR. B = Refuge already listed, added fishing. C = Refuge opened to activity in past but omitted from 50 CFR due to administrative oversight.

Some refuges that are already open to recreational opportunities, which will the economic analysis section in hunting activities will be modifying result in new hunting days (discussed in following pages). A summary of these

VerDate Aug<31>2005 17:17 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33162 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

modified opportunities on refuges fishing visitors with understanding Cape May NWR (State of New Jersey) follow: Washita NWR (OK) will increase safety and other legal requirements on will be added to the list of areas open its hunting season by 9 additional days; refuges. This redundancy is deliberate, for sport fishing. Cape May NWR is the Trinity River NWR (TX) will be open to with the intention of improving safety only refuge that will be newly added to archery hunting; Agassiz NWR (MN) has and compliance in our hunting and the list of areas opened. This addition initiated a youth hunt, opened to sport fishing programs. will result in an increase in the number archery hunting, and has extended the We incorporate these regulations into of fishing days. muzzleloader deer hunting season; 50 CFR part 32. Part 32 contains general We are correcting the following Tensas River NWR (LA) will increase provisions and refuge-specific administrative errors in 50 CFR part 32. the time period for the youth deer hunt regulations for hunting and sport fishing The publication of a 1984 final rule (49 and will add a deer hunt for the on refuges. FR 36737, September 19, 1984), which physically challenged; and Lake Alice codified the 1984 CFR with NWR (ND) will be allowing the use of Fish Advisory administrative technical amendments, motorized boats while hunting For health reasons, anglers should resulted in four refuges (Black Coulee, waterfowl. review and follow State-issued Creedman Coulee, Hewitt Lake, and Lands acquired as ‘‘waterfowl consumption advisories before enjoying Lake Thibadeau NWRs all in the State production areas’’ under the Migratory recreational sport fishing opportunities of Montana) being mistakenly dropped Bird Hunting and Conservation Stamp on Service-managed waters. You can from the upland and/or big game Act (16 U.S.C. 718d(c)), which we find information about current fish hunting lists. This rule corrects this generally manage as part of wetland consumption advisories on the Internet error reflecting those hunting management districts, are open to the at: http://www.epa.gov/ost/fish/. opportunities. There are no new hunting of migratory game birds, upland economic impacts resulting from this game, big game, and sport fishing Regulatory Planning and Review correction because recreational subject to the provisions of State law In accordance with the criteria in activities never ceased at those refuges. and regulations (see 50 CFR 32.1 and Executive Order (E.O.) 12866, the We will establish Holt Collier NWR 32.4). We are adding these existing Service asserts that this rule is not a (State of Mississippi) as a separate wetland management districts (WMDs) significant regulatory action. The Office refuge. Because it was formerly part of to the list of refuges open for all four of Management and Budget (OMB) the Yazoo NWR complex and activities in 50 CFR part 32 this year: makes the final determination under recreational activities will not increase, Benton Lake WMD, Bowdoin WMD, E.O. 12866. we expect no new economic impacts to result. Charles M. Russell WMD, Northeast a. This rule will not have an annual Montana WMD, and Northwest Montana We generally manage lands acquired economic effect of $100 million or WMD, all in the State of Montana. as ‘‘waterfowl production areas’’ under adversely affect an economic sector, We are correcting administrative the Migratory Bird Hunting and errors in 50 CFR part 32. We are productivity, jobs, the environment, or Conservation Stamp Act (16 U.S.C. correctly reflecting hunting other units of the government. A cost- 718d(c) as part of wetland management opportunities for four refuges in the benefit and full economic analysis is not districts (WMDs). These WMDs are open State of Montana (Black Coulee, required. However, a brief assessment to the hunting of migratory game birds, Creedman Coulee, Hewitt Lake, and follows to clarify the costs and benefits upland game, big game, and sport Lake Thibadeau). These refuges were associated with this rule. fishing subject to the provisions of State open to all three hunting activities in The purpose of this rule is to add one law and regulations (see 50 CFR 32.1 the 1983 CFR. The publication of a final refuge to the list of areas open for sport and 32.4). We are adding these existing rule (49 FR 36737, September 19, 1984), fishing, to correct 50 CFR part 32 WMDs, all in the State of Montana, to which codified the 1984 CFR with reflecting administrative changes, and to the list of refuges open for all four administrative technical amendments, make minor changes to the existing activities in part 32 this year: Benton resulted in these four refuges being regulations in part 32. In many Lake WMD, Bowdoin WMD, Charles M. mistakenly dropped from the upland instances, updates to part 32 are Russell WMD, Northeast Montana and/or big game hunting lists. We are clarifying current practices on WMD, and Northwest Montana WMD. now correcting those errors for these individual refuges. As such, many of the We do not expect any change in refuges. updates will not impact the status quo visitation rates at these wetland This document codifies in the Code of of recreational opportunities on refuges. management districts because Federal Regulations all of the Service’s Only those updates that may impact the recreationists currently have the option hunting and/or sport fishing regulations status quo are addressed in this section. to participate in these activities. that are applicable at Refuge System Sport fishing and hunting are two of Therefore, there are no new economic units previously opened to hunting and/ the wildlife-dependent uses of national impacts from the addition of these or sport fishing. We are doing this to wildlife refuges that Congress wetland management districts to the list better inform the general public of the recognizes as legitimate and in 50 CFR part 32. regulations at each refuge, to increase appropriate, and we should facilitate Some refuges that are already open to understanding and compliance with their pursuit, subject to such restrictions hunting activities will be modifying these regulations, and to make or regulations as may be necessary to recreational opportunities, which will enforcement of these regulations more ensure their compatibility with the result in new hunting days. A summary efficient. In addition to now finding purpose(s) of each refuge. Many of the of these modified opportunities follow: these regulations in 50 CFR part 32, 547 existing national wildlife refuges Washita NWR (OK) will increase its visitors to our refuges will usually find already have programs which allow hunting season by 9 additional days; them reiterated in literature distributed sport fishing and hunting. Not all Trinity River NWR (TX) will be open to by each refuge or posted on signs. refuges have the necessary resources archery hunting; Agassiz NWR (MN) has We have cross-referenced a number of and landscape that would make sport initiated a youth hunt, opened to existing regulations in 50 CFR parts 26, fishing and hunting opportunities archery hunting, and has extended the 27, and 32 to assist hunting and sport available to the public. muzzleloader deer hunting season;

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33163

Tensas River NWR (LA) will increase of the refuge. Therefore, we expect any inconveniences caused by these changes the time period for the youth deer hunt costs to be negligible. may have a negative impact on the and will add a deer hunt for the A number of refuges will be requiring hunter’s or angler’s experience. physically challenged; and Lake Alice the use of nontoxic shot for turkey However, these changes will not affect NWR (ND) will be allowing the use of hunting. Hunters that use toxic shot will the opportunity to hunt or fish on the motorized boats while hunting be negatively impacted by this refuges. waterfowl. The potential impacts of requirement because nontoxic shot is these recreational opportunities are more expensive and does not travel the Benefits Accrued same distance or with the same discussed below in the Benefits Accrued Benefits from this regulation would be section. trajectory as toxic shot. The number of In some cases, the changes to part 32 hunters currently using toxic shot is derived from the new fishing and will not impact the opportunity to hunt unknown. Therefore, the impact of this hunting days from opening the refuges or fish. Instead, these changes will requirement is unknown. While this to these activities. If the refuges impact the quality of the hunting or change may negatively impact some establishing or modifying new fishing sport fishing experience. These impacts hunters, it will not affect the and hunting programs were a pure are discussed qualitatively below. opportunity to hunt on the refuges. addition to the current supply of such A number of refuges will be requiring activities, there would be an estimated Costs Incurred personal property (i.e., decoys, blinds, increase of 840 user days of hunting and Costs incurred by this regulation boats, etc.) to be removed from the 500 user days of fishing (Table 2). These would be minimal, if any. We expect refuge property at the end of each day. new fishing and hunting days would any law enforcement or other refuge In addition, a few refuges will be generate: (1) Consumer surplus 1, and (2) actions related to recreational activities prohibiting hunters from entering the expenditures associated with fishing to be included in any usual monitoring refuge until a specified time of day. The and hunting on the refuges.

TABLE 2.—ESTIMATED CHANGE IN FISHING AND HUNTING OPPORTUNITIES IN 2008/09

Current hunting and/or fishing Additional fishing Additional Total additional Refuge days days hunting days fishing and (FY04) hunting days

Agassiz (MN) ...... 740 ...... 110 110 Cape May (NJ) ...... 8,550 500 ...... 500 Lake Alice (ND) ...... 1,380 ...... 600 600 Tensas River (LA) ...... 28,850 ...... 25 25 Trinity River (TX) ...... 3,320 ...... 30 30 Washita (OK) ...... 28,818 ...... 75 75

Total Days Per Year ...... 71,658 500 840 1,340

Assuming the new days are a pure and hunting activities because the losing participants, especially if the new addition to the current supply, the number of Americans participating in sites have higher quality fishing and/or additional days would create consumer these activities has been stagnant since hunting opportunities. Therefore, the surplus of $65,342 annually ([500 days 1991. Any increase in the supply of additional consumer surplus is likely to × $48.92 CS per day] + [840 days × these activities introduced by adding be smaller. $48.67 CS per day]) (Table 3). However, refuges where the activity is available the participation trend is flat in fishing will most likely be offset by other sites

TABLE 3.—ESTIMATED CHANGE IN ANNUAL CONSUMER SURPLUS FROM ADDITIONAL FISHING AND HUNTING OPPORTUNITIES IN 2008/09 (2005 $)

Total fishing Fishing Hunting and hunting

Total Additional Days ...... 500 840 1,340 Avg. Consumer Surplus per Day 2 ...... $48.92 $48.67 ...... Change in Total Consumer Surplus ...... $24,460 $40,882 $65,342 2 Due to the unavailability of consistent consumer surplus estimates for these various site-specific activities, we use benefit transfer. We use national average consumer surplus estimates for fishing and for hunting for this analysis. The estimates are from: Pam Kaval and John Loomis, ‘‘Updated Outdoor Recreation Use Values with Emphasis on National Park Recreation,’’ October 2003.

In addition to benefits derived from of site-specific expenditure data, we use identify expenditures for food and consumer surplus, this rule would also the national estimates from the 2001 lodging, transportation, and other have benefits from the recreation-related National Survey of Fishing, Hunting, incidental expenses. Using the average expenditures. Due to the unavailability and Wildlife Associated Recreation to expenditures for these categories with

1 The difference between the total value people receive from the consumption of a particular good and the total amount they pay for the good.

VerDate Aug<31>2005 17:17 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33164 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

the maximum expected additional expenditures and $83,604 in hunting- participation on the Refuge System related expenditures (Table 4). yields $35,248 in fishing-related

TABLE 4.—ESTIMATION OF THE ADDITIONAL EXPENDITURES WITH MODIFICATION OF ACTIVITIES ON REFUGES AND THE OPENING OF 1 REFUGE TO SPORT FISHING FOR 2008/09

Current refuge Possible U.S. total Average expenditures additional expenditures expenditures w/o duplication refuge in 2001 per day (FY2004) expenditures

Fishing: Total Days Spent ...... 557 Mil ...... 7,045,382 500 Total Expenditures ...... 39.3 Bil ...... $70 $496,671,534 $35,248 Trip Related ...... 16.2 Bil ...... $29 $204,287,312 $14,498 Food and Lodging ...... 6.5 Bil ...... $12 $81,974,145 $5,818 Transportation ...... 3.9 Bil ...... $7 $49,005,482 $3,478 Other ...... 5.8 Bil ...... $10 $73,307,685 $5,203 Hunting: Total Days Spent ...... 228 Mil ...... 2,378,813 840 Total Expenditures ...... 22.7 Bil ...... $100 $236,759,998 $83,604 Trip Related ...... 5.8 Bil ...... $25 $60,334,509 $21,305 Food and Lodging ...... 2.7 Bil ...... $12 $28,142,621 $9,938 Transportation ...... 2.0 Bil ...... $9 $20,554,019 $7,258 Other ...... 1.1 Bil ...... $5 $11,637,870 $4,110

By having ripple effects throughout approximately $65,000 in consumer Regulatory Enforcement Fairness Act the economy, these direct expenditures surplus and $65,000 in recreation- [SBREFA] of 1996) (5 U.S.C. 601, et are only part of the economic impact of related expenditures annually. The 10- seq.), whenever a Federal agency is waterfowl hunting. Using a national year quantitative benefit for this rule required to publish a notice of impact multiplier for hunting activities would be $653,000 ($574,000 rulemaking for any proposed or final (2.73) derived from the report discounted at 3 percent or $491,000 rule, it must prepare and make available ‘‘Economic Importance of Hunting in discounted at 7 percent). for public comment a regulatory America’’ and a national impact b. This rule will not create flexibility analysis that describes the multiplier for sportfishing activities inconsistencies with other agencies’ effect of the rule on small entities (i.e., (2.79) from the report ‘‘Sportfishing in actions. This action pertains solely to small businesses, small organizations, America’’ for the estimated increase in the management of the Refuge System. and small government jurisdictions). direct expenditures yields a total The sport fishing and hunting activities However, no regulatory flexibility economic impact of approximately located on national wildlife refuges analysis is required if the head of an $327,000 (2005 dollars) (Southwick account for approximately 1 percent of agency certifies that the rule would not Associates, Inc., 2003). (Using a local the available supply in the United have a significant economic impact on impact multiplier would yield more States. Any small, incremental change a substantial number of small entities. accurate and smaller results. However, in the supply of sport fishing and Thus, for a regulatory flexibility analysis we employed the national impact hunting opportunities will not to be required, impacts must exceed a multiplier due to the difficulty in measurably impact any other agency’s threshold for ‘‘significant impact’’ and a developing local multipliers for each existing programs. threshold for a ‘‘substantial number of specific region.) c. This rule will not materially affect small entities.’’ See 5 U.S.C. 605(b). entitlements, grants, user fees, loan Since we know that most of the SBREFA amended the Regulatory programs, or the rights and obligations fishing and hunting occurs within 100 Flexibility Act to require Federal of their recipients. This rule does not miles of a participant’s residence, then agencies to provide a statement of the affect entitlement programs. There are it is unlikely that most of this spending factual basis for certifying that a rule no grants or other Federal assistance would be ‘‘new’’ money coming into a would not have a significant economic programs associated with public use of local economy. Therefore, this spending impact on a substantial number of small national wildlife refuges. entities. would be offset with a decrease in some d. This rule will not raise novel legal other sector of the local economy. The or policy issues. This rule makes minor This rule establishes a fishing net gain to the local economies would changes to existing regulations in 50 program on one refuge and modifies be no more than $327,000, and most CFR part 32 and corrects some recreational opportunities at several likely considerably less. Since 80 administrative errors. This rule other refuges. As a result, opportunities percent of the participants travel less continues the practice of allowing for wildlife-dependent recreation on than 100 miles to engage in hunting and recreational public use of national national wildlife refuges will increase. sport fishing activities, their spending wildlife refuges. Many refuges in the The changes in the amount of allowed patterns would not add new money into Refuge System currently have use(s) are likely to increase visitor the local economy and, therefore, the opportunities for the public to hunt and activity on these national wildlife real impact would be on the order of fish on refuge lands. refuges. However, as stated in the $65,000 annually. Regulatory Planning and Review In summary, we estimate that the Regulatory Flexibility Act section, this is likely to be a substitute additional fishing and hunting Under the Regulatory Flexibility Act site for the activity and not necessarily opportunities would yield (as amended by the Small Business an increase in participation rates for the

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33165

activity. To the extent visitors spend some increased refuge visitation. A large substantial number of small entities in time and money in the area of the refuge percentage of these retail trade any region or nationally. Using the that they would not have spent there establishments in the majority of estimate derived in the Regulatory anyway, they contribute new income to affected counties qualify as small Planning and Review section, we expect the regional economy and benefit local businesses (Table 5). approximately $65,000 to be spent in businesses. We expect that the incremental total in the refuges’ local economies. Many small businesses within the recreational opportunities will be The maximum increase ($327,000 if all retail trade industry (such as hotels, gas scattered, and so we do not expect that spending were new money) at most stations, taxidermy shops, bait and the rule will have a significant would be less than 1 percent for local tackle shops, etc.) may benefit from economic effect (benefit) on a retail trade spending (Table 5).

TABLE 5.—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2008/2009 (THOUSANDS, 2005 DOLLARS)

Estimated Retail trade in maximum Addition as a Total number Establish. Refuge/county(ies) 2002 addition from percent of retail with 10 emp. new activities total establish.

Agassiz: Marshall, MN ...... $77,841 $5 0.007 43 35 Cape May: Cape May, NJ ...... 1,501,452 25 0.002 776 633 Lake Alice: Ramsey, ND ...... 211,203 15 0.007 98 69 Towner, ND...... 10,819 15 0.135 15 14 Tensas River: Franklin, LA ...... 199,210 0 0.0002 83 63 Madison, LA...... 75,763 0 0.001 42 31 Tensas, LA...... 23,183 0 0.002 26 22 Trinity River: Liberty, TX...... 686,415 2 0.0002 204 155 Washita: Custer, OK ...... 324,161 4 0.001 161 120

With the small increase in overall this a major rule. The impact would be account for less than 0.001 percent of spending anticipated from this rule, it is scattered across the country and would the available opportunities in the unlikely that a substantial number of most likely not be significant in any United States. small entities will have more than a local area. c. Will not have significant adverse small benefit from the increased b. Will not cause a major increase in effects on competition, employment, spending near the affected refuges. costs or prices for consumers, investment, productivity, innovation, or Therefore, we certify that this rule will individual industries, Federal, State, or the ability of United States-based not have a significant economic effect local government agencies, or enterprises to compete with foreign- on a substantial number of small entities geographic regions. This rule would based enterprises. This rule represents as defined under the Regulatory have only a slight effect on the costs of only a small proportion of recreational Flexibility Act (5 U.S.C. 601 et seq.). An hunting and sport fishing opportunities spending of a small number of affected initial/final Regulatory Flexibility for Americans. Under the assumption anglers and hunters, approximately a Analysis is not required. Accordingly, a that any additional hunting and sport maximum of $327,000 annually in Small Entity Compliance Guide is not fishing opportunities would be of high impact. Therefore, this rule would have required. quality, participants would be attracted no measurable economic effect on the Small Business Regulatory Enforcement to the refuge. If the refuge were closer wildlife-dependent industry, which has Fairness Act to the participants’ residences, then a annual sales of equipment and travel reduction in travel costs would occur expenditures of $72 billion nationally. The rule is not a major rule under 5 and benefit the participants. The Service Refuges that establish hunting and sport U.S.C. 804(2), the Small Business does not have information to quantify fishing programs may hire additional Regulatory Enforcement Fairness Act. this reduction in travel cost but assumes staff from the local community to assist We anticipate no significant that, since most people travel less than with the programs, but this would not employment or small business effects. 100 miles to hunt and fish, the reduced be a significant increase because we are This rule: travel cost would be small for the opening only one refuge to sport fishing a. Will not have an annual effect on additional days of hunting and sport and modifying opportunities at several the economy of $100 million or more. fishing generated by this rule. We do not other refuges. The additional fishing and hunting expect this rule to affect the supply or Unfunded Mandates Reform Act opportunities at these refuges would demand for sport fishing and hunting generate angler and hunter expenditures opportunities in the United States and, Since this rule would apply to public with an economic impact estimated at therefore, it should not affect prices for use of federally owned and managed $327,000 per year (2005 dollars). sport fishing and hunting equipment refuges, it would not impose an Consequently, the maximum benefit of and supplies, or the retailers that sell unfunded mandate on State, local, or this rule for businesses both small and equipment. Additional refuge hunting Tribal governments or the private sector large would not be sufficient to make and sport fishing opportunities would of more than $100 million per year. The

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33166 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

rule would not have a significant or Paperwork Reduction Act implementing NEPA in 40 CFR parts unique effect on State, local, or Tribal The Office of Management and Budget 1500–1508. We invite the affected governments or the private sector. A has approved our collection of public to participate in the review, statement containing the information information associated with special use development, and implementation of required by the Unfunded Mandates permits used by refuges outside of these plans. Copies of all plans and NEPA compliance are available from the Reform Act (2 U.S.C. 1531 et seq.) is not Alaska and assigned OMB Control refuge at the addresses provided below. required. Number is 1018–0102. See 50 CFR 25.23 The modifications of existing public use for information concerning that Takings (E.O. 12630) hunting and fishing programs are all approval. An agency may not conduct or In accordance with E.O. 12630, this minor in nature and fall within the sponsor and a person is not required to rule would not have significant takings relevant NEPA compliance prepared for respond to a collection of information implications. This regulation would the programs initially and also would unless it displays a currently valid OMB affect only visitors at national wildlife fall within the category of minor control number. We will seek further refuges and describe what they can do modifications excluded from further OMB approval for other necessary while they are on a refuge. NEPA consideration described in 516 information collection. DM 6, Appendix 1, 1.4A (1, 7, and 9). Federalism (E.O. 13132) Endangered Species Act Section 7 Available Information for Specific As discussed in the Regulatory Consultation Planning and Review and Unfunded Refuges Mandates Reform Act sections above, In preparation for new openings, we Individual refuge headquarters retain this rule would not have sufficient comply with Section 7 of the information regarding public use Federalism implications to warrant the Endangered Species Act. Copies of the programs and conditions that apply to preparation of a Federalism Assessment Section 7 evaluations may be obtained their specific programs and maps of under E.O. 13132. In preparing this rule, by contacting the regions listed under their respective areas. If the specific we worked with State governments. Available Information for Specific refuge you are interested in is not Refuges. For the proposal to open Cape mentioned below, then contact the Civil Justice Reform (E.O. 12988) May National Wildlife Refuge, we have appropriate Regional offices listed In accordance with E.O. 12988, the determined the actions will have no below: Office of the Solicitor has determined effect on any listed species or critical Region 1—California, Hawaii, Idaho, that the rule would not unduly burden habitat. Nevada, Oregon, and Washington. the judicial system and that it meets the We also comply with Section 7 of the Regional Chief, National Wildlife Refuge requirements of sections 3(a) and 3(b)(2) ESA when developing Comprehensive System, U.S. Fish and Wildlife Service, of the Order. The regulation would Conservation Plans (CCPs) and step- Eastside Federal Complex, Suite 1692, clarify established regulations and result down management plans for public use 911 N.E. 11th Avenue, Portland, OR in better understanding of the of refuges, and prior to implementing 97232–4181; Telephone (503) 231–6214. regulations by refuge visitors. any new or revised public recreation Region 2—Arizona, New Mexico, program on a refuge as identified in 50 Oklahoma, and Texas. Regional Chief, Energy Supply, Distribution, or Use CFR 26.32. National Wildlife Refuge System, U.S. (E.O. 13211) National Environmental Policy Act Fish and Wildlife Service, Box 1306, On May 18, 2001, the President issued 500 Gold Avenue, Albuquerque, NM E.O. 13211 on regulations that We analyzed this rule in accordance 87103; Telephone (505) 248–7419. significantly affect energy supply, with the criteria of the National Region 3—Illinois, Indiana, Iowa, distribution, and use. E.O. 13211 Environmental Policy Act of 1969 Michigan, Minnesota, Missouri, Ohio, requires agencies to prepare Statements (NEPA) (42 U.S.C. 4332(C)) and 516 and Wisconsin. Regional Chief, National of Energy Effects when undertaking Departmental Manual (DM) 6, Appendix Wildlife Refuge System, U.S. Fish and certain actions. Because this rule would 1. This rule does not constitute a major Wildlife Service, 1 Federal Drive, add one refuge to the list of areas open Federal action significantly affecting the Federal Building, Fort Snelling, Twin for sport fishing and modify activities at quality of the human environment. An Cities, MN 55111; Telephone (612) 713– several other refuges, it is not a environmental impact statement/ 5401. significant regulatory action under E.O. assessment is not required. Region 4—Alabama, Arkansas, 12866 and is not expected to Concerning the action that is the Florida, Georgia, Kentucky, Louisiana, significantly affect energy supplies, subject of this rulemaking (opening Mississippi, North Carolina, Tennessee, distribution, and use. Therefore, this Cape May National Wildlife Refuge in South Carolina, Puerto Rico, and the action is a not a significant energy New Jersey to fishing), NEPA was Virgin Islands. Regional Chief, National action and no Statement of Energy complied with at the project level where Wildlife Refuge System, U.S. Fish and Effects is required. this proposal was developed. Wildlife Service, 1875 Century Prior to the addition of a refuge to the Boulevard, Atlanta, GA 30345; Consultation and Coordination With list of areas open to sport fishing in 50 Telephone (404) 679–7166. Holt Collier Indian Tribal Governments (E.O. CFR part 32, we developed a fishing National Wildlife Refuge, 728 Yazoo 13175) plan for the affected refuge. We Refuge Road, Hollandale, MI 38748; In accordance with E.O. 13175, we incorporate this proposed refuge fishing Telephone (662) 839–2638. have evaluated possible effects on activity in the refuge CCPs and/or other Region 5—Connecticut, Delaware, federally recognized Indian tribes and step-down management plans, pursuant District of Columbia, Maine, Maryland, have determined that there are no to our refuge planning guidance in 602 Massachusetts, New Hampshire, New effects. We coordinate recreational use Fish and Wildlife Service Manual (FW) Jersey, New York, Pennsylvania, Rhode on national wildlife refuges with Tribal 1, 3, and 4. We prepared CCPs and step- Island, Vermont, Virginia and West governments having adjoining or down plans in compliance with section Virginia. Regional Chief, National overlapping jurisdiction before we 102(2)(C) of NEPA, and the Council on Wildlife Refuge System, U.S. Fish and propose the regulations. Environmental Quality’s regulations for Wildlife Service, 300 Westgate Center

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33167

Drive, Hadley, MA 01035–9589; § 32.20 Alabama. 3. The No-Hunt Zones include all Telephone (413) 253–8306. Cape May * * * * * Service property east of milepost 7 of National Wildlife Refuge, 24 Kimbles Arivaca Road within the Arivaca Creek Beach Road, Cape May Court House, NJ Cahaba River National Wildlife Refuge Management Area, all Service property 08210; Telephone (609) 463–0994. * * * * * in Brown Canyon, all Service property Region 6—Colorado, Kansas, C. Big Game Hunting. *** within 1⁄4 mile (.4 km) of refuge Montana, Nebraska, North Dakota, * * * * * residences, and the posted No-Hunt South Dakota, Utah, and Wyoming. 2. We prohibit the use of firearms for Zone encompassing refuge headquarters Regional Chief, National Wildlife Refuge hunting deer on the refuge. However, and area bounded by the 10-mile (16 System, U.S. Fish and Wildlife Service, you may archery hunt in the portions of km) Pronghorn Drive auto tour loop. 134 Union Blvd., Lakewood, CO 80228; the refuge that are open for deer hunting B. Upland Game Hunting. We allow Telephone (303) 236–8145. during the archery, shotgun, and hunting of cottontail rabbit, coyote, and Region 7—Alaska. Regional Chief, muzzleloader seasons established by the skunk on designated areas of the refuge National Wildlife Refuge System, U.S. State. in accordance with State regulations Fish and Wildlife Service, 1011 E. * * * * * subject to the following conditions: Tudor Rd., Anchorage, AK 99503; 1. Conditions A1 through A3 apply. Telephone (907) 786–3545. Choctaw National Wildlife Refuge 2. We require hunting groups using Primary Author * * * * * more than four horses to possess and B. Upland Game Hunting. *** carry a refuge special use permit. Leslie A. Marler, Management 3. We require each hunter using * * * * * Analyst, Division of Conservation horses to provide water and feed and 7. We prohibit the mooring and Planning and Policy, National Wildlife clear all horse manure from campsites. storing of boats from legal sunset to Refuge System, is the primary author of 4. We prohibit upland game hunting legal sunrise. this rulemaking document. on the refuge from June 1 through * * * * * List of Subjects in 50 CFR Part 32 August 19. Eufaula National Wildlife Refuge C. Big Game Hunting. *** Fishing, Hunting, Reporting and * * * * * recordkeeping requirements, Wildlife, * * * * * 2. Conditions A1 through A3, B2, and Wildlife refuges. B. Upland Game Hunting. *** B3 apply. I For the reasons set forth in the * * * * * preamble, we amend title 50, Chapter I, 5. We prohibit the mooring and * * * * * subchapter C of the Code of Federal storing of boats from 11⁄2 hours after Havasu National Wildlife Refuge Regulations as follows: legal sunset to 11⁄2 hours before legal A. Migratory Game Bird Hunting. sunrise. *** PART 32—[AMENDED] C. Big Game Hunting. *** * * * * * I * * * * * 1. The authority citation for part 32 11. * * * continues to read as follows: 4. All youth hunters age 15 and under must remain within sight and normal * * * * * Authority: 5 U.S.C. 301; 16 U.S.C. 460k, viii. We allow waterfowl hunting on 664, 668dd–668ee, and 715i. voice contact of an adult age 21 or older, possessing a license. We allow youth Wednesdays, Saturdays, and Sundays. I 2. Amend § 32.7, ‘‘What refuge units gun deer hunting (ages 10–15) within Waterfowl hunting ends at 12:00 p.m. are open to hunting and/or sport the Bradley Unit on weekends during (noon) MST. Hunters must be out of the fishing?’’, by: October where an adult must supervise slough area by 1:00 p.m. MST. I a. Adding Holt Collier National youth age 15 or under. One adult may * * * * * Wildlife Refuge in alphabetical order in supervise no more than one youth 13. We prohibit the use of all air- the State of Mississippi; hunter. thrust boats and/or air-cooled I b. Adding Benton Lake Wetland * * * * * propulsion engines, including floating aircraft. Management District, Bowdoin Wetland I 4. Amend § 32.22 Arizona by: Management District, Charles M. Russell 14. Hunting dogs must be under the I a. Revising paragraphs A.1. through Wetland Management District, immediate control of the hunter at all A.3., B., and C.2. of Buenos Aires Northeast Montana Wetland times. National Wildlife Refuge; and Management District, and Northwest I b. Revising paragraph A.11.viii. and * * * * * Montana Wetland Management District adding paragraphs A.13. and A.14. of I 5. Amend § 32.23 Arkansas by: in alphabetical order in the State of Havasu National Wildlife Refuge; I a. Revising paragraphs B.6., B.12., Montana; and adding paragraphs B.13., and B.14., I c. Removing ACE Basin National § 32.22 Arizona. revising paragraph C. and the Wildlife Refuge and adding Ernest F. * * * * * introductory text of paragraph D., and Hollings ACE Basin National Wildlife Buenos Aires National Wildlife Refuge revising paragraphs D.1., D.7., D.8., D.9., Refuge in the State of South Carolina in D.10., and adding paragraphs D.11. alphabetical order. A. Migratory Game Bird Hunting. through D.14. of Holla Bend National I 3. Amend § 32.20 Alabama by: *** Wildlife Refuge; and I a. Revising paragraph C.2. of Cahaba 1. We allow portable or temporary I b. Revising paragraphs A.2., A.6., A.8., River National Wildlife Refuge; blinds and stands, but you must remove A.10., A.15., C.7., C.8., C.12., and C.16. I b. Revising paragraph B.7. of Choctaw them at the end of each hunt day. of White River National Wildlife Refuge National Wildlife Refuge; and 2. We prohibit the use of flagging to read as follows: I c. Revising paragraphs B.5. and C.4. of tape, reflective tape, or other signs or Eufaula National Wildlife Refuge to read markers used to identify paths or to § 32.23 Arkansas. as follows: mark tree stands, blinds, or other areas. * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33168 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Holla Bend National Wildlife Refuge the start of the season and must remove Waterfowl Hunt Area, except from 4:30 * * * * * the stands from the refuge within 2 days a.m. to 1:00 p.m. on designated hunt B. Upland Game Hunting. *** after the season ends (see §§ 27.93 and days. 27.94 of this chapter). * * * * * * * * * * 9. Hunters must permanently affix the 6. We prohibit possession or use of 15. We prohibit loaded weapons in a owner’s name and address to all deer alcoholic beverage(s) while hunting (see vehicle or boat while under power (see stands on the refuge. § 32.2(j)). § 27.42(b) of this chapter). We define 10. We prohibit the use of dogs during ‘‘loaded’’ as shells in the gun or ignition * * * * * big game hunting. device on a muzzleloader. 12. We prohibit hunting within 150 11. We prohibit hunting from paved, * * * * * feet (45 m) of roads and trails open to graveled, and mowed roads and mowed C. Big Game Hunting. *** motor vehicle use. trails (see § 27.31 of this chapter). 13. We prohibit marking trails with 12. We prohibit hunting with the aid * * * * * tape, ribbon, paint, or any other of bait, salt, or ingestible attractant (see 7. You may hunt the North or South substance other than biodegradable § 32.2(h)). Unit by muzzleloader or modern gun materials. 13. We prohibit all forms of organized with a quota hunt permit. You may take 14. We allow the use of nonmotorized drives. only one deer of either sex. We list the boats during the hunting season, but we 14. You must check all game at the season in the refuge hunt brochure/ prohibit hunters leaving boats on the refuge check station. permit. refuge overnight (see § 27.93 of this D. Sport Fishing. We allow sport 8. We allow muzzleloader hunting on chapter). fishing and frogging in accordance with the North Unit for 4 consecutive days C. Big Game Hunting. We allow State regulations subject to the following the 3-day muzzleloader quota hunting of deer and turkey on following conditions: hunt. designated areas of the refuge in 1. Conditions B7, B8, and B10 apply. * * * * * accordance with State regulations * * * * * 12. If you harvest deer and turkey on subject to the following conditions: 7. We will allow only bank fishing in the refuge, you must immediately record 1. Conditions B1 and B4 through B14 Long Lake year-round from legal sunrise the zone number on your hunting apply. to legal sunset. Access to this bank license and later at an official check 2. Archery/crossbow season for deer fishing area is through the parking area station. and turkey begins October 1 and off of Hwy 155. * * * * * continues through December 10. 8. We allow only bow fishing from 16. We allow access and refuge use 3. The refuge will conduct one youth- legal sunrise to legal sunset during during quota hunt to anglers and only (between ages 12–15 at the August. beginning of the gun deer season in nonconsumptive users. 9. We allow frogging from May 1 to * * * * * Zone 7) quota deer hunt. This hunt will May 31. We allow only frogging on I 6. Amend § 32.28 Florida by: take place after the archery season those areas of the old river channel that (typically in December). Specific hunt I a. Revising paragraphs A.1., A.2., A.3., connect with the Arkansas River. A.11., A.13., A.14., A.15., and adding dates and application procedures will 10. Anglers must enter and exit the paragraphs A.16. and A.17., revising be available at the refuge office in refuge from designated roads and paragraphs D.8., D.9., and removing September. We restrict hunt participants parking areas. paragraph D.10. of Arthur R. Marshall to those selected for a quota permit, 11. We prohibit anglers from leaving Loxahatchee National Wildlife Refuge; except that one nonhunting adult age 21 their boats unattended overnight on any I b. Revising paragraphs D.2., D.4., D.5., or older must accompany the youth portion of the refuge (see § 27.93 of this and adding paragraphs D.6., D.7., and hunter during the youth hunt. chapter). D.8. of Hobe Sound National Wildlife 4. We open spring and fall archery 12. We require a Special Use Permit Refuge; turkey hunting during the State spring for all commercial fishing activities on I c. Revising paragraphs D.4. through and fall turkey season for this zone. the refuge. D.14. and adding paragraphs D.15. 5. We close spring archery turkey 13. We prohibit possessing turtle (see through D.20. of J.N. ‘‘Ding’’ Darling hunting during scheduled turkey quota § 27.21 of this chapter). gun hunts. 14. We prohibit hovercraft, personal National Wildlife Refuge; I d. Revising paragraphs A.7. and A.10., 6. The refuge will conduct one 2-day watercraft (Jet Skis, etc.), and airboats. youth-only (age 15 and under at the adding paragraph A.16., revising beginning of the spring turkey season) * * * * * paragraphs B.1., B.2., B.3., C.1., C.7., quota spring turkey hunt and one 2-day White River National Wildlife Refuge and C.23., removing paragraph C.24., quota spring turkey hunt (typically in A. Migratory Game Bird Hunting. and redesignating paragraphs C.25. and April). Specific hunt dates and *** C.26. as paragraphs C.24. and C.25. of application procedures will be available Lower Suwannee National Wildlife at the refuge office in January. We * * * * * Refuge; 2. We allow duck hunting from legal restrict hunt participants to those I e. Revising paragraphs A., D.2., D.3., shooting hours until 12 p.m. (noon). selected for a quota permit, except that D.9., and D.11. of Merritt Island one nonhunting adult age 21 or older * * * * * National Wildlife Refuge; must accompany the youth hunter 6. You may take coot and woodcock I f. Revising paragraphs B.3. through during the youth hunt. during the State season. B.9., revising the introductory text of 7. An adult age 21 or older must * * * * * paragraph C., removing paragraph C.3. accompany and be within sight or 8. Waterfowl hunters may enter and and redesignating paragraphs C.4. normal voice contact of hunters age 15 access the refuge no earlier than 4:30 through C.13. as paragraphs C.3. and under. One adult may supervise no a.m. through C.12., and revising newly more than one youth hunter. * * * * * designated paragraphs C.6. through C.9., 8. We allow only portable deer stands. 10. We prohibit boating December 1 and C.11. of St. Marks National Wildlife Hunters may erect stands 2 days before through January 31 in the South Unit Refuge; and

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33169

I g. Revising paragraphs C., D.6., and Hobe Sound National Wildlife Refuge 13. We prohibit commercial fishing D.7. and removing paragraphs D.8. and D. Sport Fishing. *** and crabbing (see § 27.21 of this D.9. of St. Vincent National Wildlife chapter). * * * * * Refuge to read as follows: 14. We prohibit the possession or use 2. We allow salt-water fishing along of seines or trot lines. § 32.28 Florida. the Atlantic Ocean and Indian River 15. We prohibit the use of cast nets * * * * * Lagoon year-round in accordance with State recreational fishing regulations. from Wildlife Drive or any structure Arthur R. Marshall Loxahatchee affixed to shore. * * * * * National Wildlife Refuge 16. All fish must remain in whole 4. We allow the use of only rods and condition. A. Migratory Game Bird Hunting. reels and poles and lines, and anglers *** must attend them at all times. 17. We prohibit consumption of 1. You must possess and carry a 5. We allow only two poles per angler alcohol or possession of open alcohol signed refuge waterfowl hunt permit and those poles must be attended at all containers on refuge lands and waters while hunting. Only original permits are times (In conjunction with the Martin (see § 32.2(j)). lawful. Internet copies are not valid. 18. We prohibit airboats, Hovercraft, 2. We allow hunting in the interior of County, Florida two-pole ordinance.) 6. We prohibit motorized vehicles of and personal watercraft (Go Devils, Jet the refuge south of latitude line Skis, jet boats, and Wave Runners). 26.27.130 and north of mile markers 12 any type on the fire roads, undesignated 19. Vessels must not exceed slow and 14. We prohibit hunting from routes, and areas posted as closed (see speed/minimum wake in refuge waters. canals, levees, or those areas posted as § 27.31 of this chapter). closed. 7. Anglers, their vehicles, boats, 20. We close to public entry islands 3. The refuge open waterfowl season equipment, and other belongings are (including rookery islands) except for is concurrent with the State season. The subject to inspection by Service law designated trails. refuge participates in both the early enforcement officers. * * * * * experimental and regular seasons. 8. For emergencies or to report violations, contact law enforcement Lower Suwannee National Wildlife Hunters may take only duck and coot. Refuge * * * * * personnel at 1–800–307–5789. Law 11. Hunters must complete a daily bag enforcement officers may be monitoring A. Migratory Game Bird report card and place it in an entrance VHF Channel 16. Hunting.*** fee canister each day prior to exiting the J.N. ‘‘Ding’’ Darling National Wildlife * * * * * refuge. Refuge 7. We prohibit hunting from all refuge * * * * * * * * * * roads open to public vehicle travel. We 13. We allow boats equipped only D. Sport Fishing. *** prohibit hunting within 150 feet (45 m) with outboards or electric motors and of the Dixie Mainline and Lower nonmotorized boats. We prohibit * * * * * Suwannee Nature Drive (Levy Loop airboats, Hovercraft, and personal 4. We allow the take of blue crab with Road). the use of dip nets only. watercraft (Go Devils, Jet Skis, jet boats, * * * * * and Wave Runners). 5. The daily limit of blue crab is 20 14. We require all boats operating per person (including no more than 10 10. We prohibit guiding or outside of the main perimeter canals females). participating in a guided hunt where a (the L–40 Canal, L–39 Canal, L–7 Canal, 6. We prohibit kite surfing, kite fee is charged. and L–101 Canal) in interior areas of the boarding, wind surfing, sail boarding, * * * * * refuge and within the hunt area, to fly and any similar type of activities. 16. We prohibit cleaning of game a 12 inch by 12 inch (30 cm x 30 cm) 7. We allow vessels propelled only by within 1,000 feet (300 m) of any orange flag, 10 feet (3 m) above the polling, paddling, or floating in the post developed public recreation area, game vessel’s waterline. ‘‘no-motor zone’’ of the Ding Darling check station, or gate. 15. We prohibit motorized vehicles of Wilderness Area. All motors, including B. Upland Game Hunting. *** any type on the levees and undesignated electric motors, must be in a nonuse 1. Conditions A1 through A16 apply. routes (see § 27.31 of this chapter). position (out of the water) when in the 2. You may possess only .22 caliber 16. Hunters, their vehicles, boats, ‘‘no-motor zone.’’ rimfire rifle (.22 magnum prohibited) equipment, and other belongings are 8. We prohibit camping on all refuge firearms (see § 27.42 of this chapter) subject to inspection by Service law lands and overnight mooring of vessels shotguns with shot no larger than 4 enforcement officers. on all refuge waters. common and bows with arrows that 17. For emergencies or to report 9. You may only launch vessels at have judo or blunt tips. We prohibit violations, contact law enforcement designated sites on the refuge. possession of arrows capable of taking personnel at 1–800–307–5789. Law 10. We allow public access to Wildlife big game during the upland game enforcement officers may be monitoring Drive and Indigo Trail beginning at 7:30 hunting season. VHF Channel 16. a.m., except on Fridays, when we close 3. We allow night hunting in * * * * * Wildlife Drive to all public access. D. Sport Fishing. *** accordance with State regulations for 11. All visitors (e.g., anglers and raccoon and opossum on Wednesday * * * * * photographers) must exit refuge lands through Saturday nights from legal 8. Conditions A13, A14, A15, and A17 1 2 and waters no later than ⁄ hour after sunset until legal sunrise during the apply. legal sunset. month of February. 9. Anglers, their vehicles, boats, 12. We allow fishing and crabbing equipment, and other belongings are from the bank on the impoundment side * * * * * subject to inspection by Service law only (left side) of Wildlife Drive. We C. Big Game Hunting. *** enforcement officers. prohibit all public entry into the 1. Conditions A1 through A16 apply. * * * * * impoundments. * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33170 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

7. We prohibit hunting from a tree in report statistical hunt information to feral hog during the fall archery hunts. which a metal object has been inserted refuge personnel. There will be a fall archery hunt on the (see § 32.2(i)). * * * * * Panacea and Wakulla Units. We prohibit * * * * * D. Sport Fishing. *** other weapons in the hunt area (see 23. You may take only bearded * * * * * § 27.43 of this chapter). Contact the turkeys and only during the State spring 2. We prohibit fishing after legal refuge office for specific dates. turkey season. sunset or before legal sunrise, except 8. There are two modern gun hunts. * * * * * that we allow fishing at night from a Hunters may harvest deer and feral hog. vessel in the open waters of Mosquito Modern guns must meet State Merritt Island National Wildlife Refuge Lagoon, Indian River Lagoon, Banana requirements. We will hold one hunt on A. Migratory Game Bird Hunting. We River, and Haulover Canal. the Panacea Unit and one on the allow hunting of duck and coot on 3. We allow launching of boats for Wakulla Unit. See condition C10 for designated areas of the refuge in night fishing activities only from Bair’s game limits. Contact the refuge office for accordance with State regulations Cove, Beacon 42, and Bio Lab boat specific dates. subject to the following conditions: ramps. 9. The bag limit for white-tailed deer 1. You must possess and carry a * * * * * is two deer per scheduled hunt period. current signed Merritt Island National 9. Vessels must not exceed idle speed We allow hunters to harvest two Wildlife Refuge hunt permit at all times in Bairs Cove and KARS Marina. antlerless deer per scheduled hunt while hunting waterfowl on the refuge. period. We define antlerless deer as no * * * * * visible antler above the hairline. State 2. You must possess and carry (or 11. We prohibit fishing within the daily bag limits apply to antlerless deer. hunt within 30 yards (27 m) of a hunter normal or expanded restricted areas of Or hunters may harvest one antlerless who possesses) a valid refuge waterfowl the Kennedy Space Center (KSC), unless deer and one antlered deer per hunt. hunting quota permit while hunting those areas are officially designated by Antlered deer must have at least 3 areas 1 or 4 from the beginning of the KSC as special fishing opportunity sites. points, 1 inch (2.5 cm) or greater in regular waterfowl season through * * * * * December 31. No more than four length on one antler to be harvested. hunters will hunt using a single valid St. Marks National Wildlife Refuge There is no limit on feral hogs. The refuge waterfowl hunting quota permit. scheduled hunt periods vary; contact * * * * * the refuge office for specific dates. 3. You may hunt Wednesdays, B. Upland Game Hunting. * * * * * * * * Saturdays, Sundays, and all Federal * * * * * 11. There is one mobility-impaired holidays that fall within the State’s 3. You may use .22 caliber or smaller hunt. Hunters may have an able-bodied waterfowl season. rim-fired rifles, shotguns with nontoxic hunter accompany them. You may 4. You may hunt in four designated shot (#4 bird shot or smaller) (see transfer permits issued to able-bodied areas of the refuge as delineated in the § 32.2(k)), or muzzleloaders to harvest assistants. We limit those hunt teams to refuge hunting regulations map. We squirrel, rabbit, and raccoon. In harvesting white-tailed deer and feral prohibit hunters to enter the normal or addition, you may use shotgun slugs, hog within the limits described in expanded restricted areas of the buckshot, or archery equipment to take condition C10. Contact the refuge office Kennedy Space Center. feral hogs. We prohibit the use or for specific dates. 5. You may hunt only waterfowl on possession of other weapons. refuge-established hunt days from the 4. You must unload all firearms for * * * * * legal shooting time until 1 p.m. transport in vehicles (uncap St. Vincent National Wildlife Refuge 6. You may enter no earlier than 4 muzzleloaders) (see § 27.42 of this a.m. for the purpose of waterfowl chapter). * * * * * hunting. 5. We prohibit dogs in the hunt area. C. Big Game Hunting. We allow 7. We require all hunters to 6. There is no limit on the size or hunting of white-tailed deer, sambar successfully complete a State-approved number of feral hog that hunters may deer, raccoon, and feral hog on hunter education course. take. designated areas of the refuge in 8. We require an adult, age 18 or 7. We allow hunting on designated accordance with State regulations older, to supervise hunters under age areas of the refuge. Contact the refuge subject to the following conditions: 18. office for specific dates. 1. We require refuge permits. The 9. We prohibit accessing a hunt area 8. We prohibit hunting from any permits are nontransferable, and the from Black Point Wildlife Drive. You named or numbered road (with the hunter must possess and carry them may not leave vehicles parked on Black exception of persons hunting during the while hunting. Only signed permits are Point Wildlife Drive, Playalinda Beach mobility impaired hunt). valid. We allow people only with a Road, or Scrub Ridge Trail (see § 27.31 9. We prohibit cleaning of game signed refuge hunt permit on the island of this chapter). within 1,000 feet (300 m) of any during the hunt periods. Contact the 10. We prohibit construction of residence, developed public recreation refuge office for details on obtaining a permanent blinds (see § 27.92 of this area, or game check station. permit. We will charge fees for the chapter) or digging into dikes. C. Big Game Hunting. We allow hunts. 11. We prohibit hunting or shooting hunting of white-tailed deer, feral hog, 2. We restrict hunting to three hunting within 15 feet (4.5 m) or shooting from and bearded turkey in accordance with periods: Sambar deer, raccoon, and feral any portion of a dike, dirt road, or State regulations subject to the hog (primitive weapons); white-tailed railroad grade. following conditions: deer, raccoon, and feral hog (archery); 12. We prohibit hunting or shooting * * * * * and white-tailed deer, raccoon, and feral within 150 yards (135 m) of SR 402, SR 6. We prohibit the use of flagging, hog (primitive weapons). Contact the 406, or any paved road right-of-way. paint, blazes, or reflective trail markers. refuge office for specific dates. Hunters 13. All hunters must stop at posted 7. There are two fall archery hunts: may check in and set up campsites and refuge waterfowl check stations and Hunters may harvest either-sex deer or stands 1 day prior to the scheduled

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33171

hunt. Hunters must leave the island and 18. We prohibit motorized equipment, 4. We prohibit swimming, wading, jet remove all equipment by 4 p.m. the last generators, or land vehicles (except skiing, water skiing, and the use of day of the scheduled hunt. bicycles). airboats. 3. Hunters must check in at the check 19. Bag limits: * * * * * stations on the island. We restrict entry i. Sambar deer hunt—one sambar deer onto St. Vincent Island to the Indian of either sex, no limit on feral hog or Bond Swamp National Wildlife Refuge Pass and West Pass Campsites. We raccoon. * * * * * restrict entry during the sambar deer ii. Archery hunt—one white-tailed C. Big Game Hunting. *** hunt to the West Pass Campsite. All deer of either sex (no spotted fawns or * * * * * access to hunt areas will be on foot or spike bucks), no limits on feral hog or 22. Youth hunters age 15 and under by bicycle from these areas. raccoon. must remain within sight and normal 4. Hunt hours are 1⁄2 hour before legal iii. Primitive weapons hunt—one voice contact of an adult age 21 or older sunrise until 3 p.m. for the sambar deer white-tailed deer buck having one or possessing a valid hunting license. One hunt. All other hunt times will be in more forked antlers at least 5 inches adult may supervise no more than one accordance with State regulations. (12.5 cm) in length visible above the youth hunter. 5. We restrict camping and fires (see hairline with points greater than 1 inch * * * * * § 27.95(a) of this chapter) to the two (12.5 cm) in length; we issue a limited designated camping areas. We may number of either-sex permits. If you Harris Neck National Wildlife Refuge restrict or ban fires during dry periods. have an either-sex permit, the bag limit * * * * * 6. We prohibit the use or possession is one deer that may be antlerless or a C. Big Game Hunting. *** of alcoholic beverages during the refuge buck legal antler configuration. There is * * * * * hunt period (see § 32.2(j)). no limit on feral hog or raccoon. 2. Each hunter may place one stand 7. You may set up tree stands only 20. We prohibit bringing live game on the refuge during the week preceding after you check in, and you must into the check station. each hunt, but you must remove stands remove them from the island at the end 21. Hunters must observe quiet time by the end of each hunt (see §§ 27.93 of the hunt (see §§ 27.93 and 27.94 of in the campground between 9 p.m. and and 27.94 of this chapter). this chapter). 5 a.m. We prohibit loud or boisterous behavior or activity. * * * * * 8. You may retrieve game from the 9. During the archery hunt we allow 22. We prohibit domestic animals. closed areas only if accompanied by a only bows (no crossbows). refuge officer. D. Sport Fishing. *** * * * * * * * * * * 9. We issue permits for the sambar D. Sport Fishing. *** deer hunt by random drawing. You may 6. We allow only the use of rods and obtain applications from the refuge reels or poles and lines in the refuge * * * * * 3. We close the Barbour River Landing office. lakes. You must attend your fishing (boat ramp and parking areas) to the 10. We limit weapons to primitive equipment at all times. public from 12 a.m. (midnight) to 4 a.m. weapons on the sambar deer hunt and 7. You may take only fish species and the primitive weapons white-tailed deer fish limits authorized by State Okefenokee National Wildlife Refuge regulations. We prohibit the taking of hunt. We limit the archery hunt to bow * * * * * frog or turtle. and arrow. Weapons must meet all State C. Big Game Hunting. *** regulations. We prohibit crossbows * * * * * * * * * * during our hunts except with State I 7. Amend § 32.29 Georgia by: 2. * * * permit. I a. Revising paragraph D.4. of Banks 11. We allow only stand, still, and * * * * * Lake National Wildlife Refuge; v. You must tag your deer with stalk hunting. We prohibit game drives. I b. Adding paragraph C.22. of Bond 12. We prohibit the use of flagging, special refuge tags. There is a limit of Swamp National Wildlife Refuge; two deer of either sex per day. paint, blazes, or reflective trail markers. I c. Revising paragraphs C.2., C.9., and * * * * * 13. We prohibit target practice on the D.3. of Harris Neck National Wildlife refuge (see § 27.42 of this chapter). You Refuge; Piedmont National Wildlife Refuge may discharge muzzleloaders at the I d. Revising paragraph C.2.v. of designated discharge area between 5 * * * * * Okefenokee National Wildlife Refuge; C. Big Game Hunting. *** a.m. and 9 p.m. I e. Adding paragraph C.18. of 14. Nonmovement stand hours for all Piedmont National Wildlife Refuge; * * * * * 18. Youth hunters age 15 and under hunts will be from legal morning I f. Revising paragraphs C.3., C.5., must remain within sight and normal shooting time until 9 a.m. redesignating paragraphs C.6. through voice contact of an adult age 21 or older 15. We prohibit discharging of C.10. as paragraphs C.7. through C.11. possessing a valid hunting license. One weapons (including cap firing) in and adding a new paragraph C.6. of adult may supervise no more than one campgrounds (see § 27.42 of this Savannah National Wildlife Refuge; and youth hunter. chapter). I g. Revising paragraphs C.8. and C.9. of 16. Weapons must have the caps Wassaw National Wildlife Refuge to * * * * * removed from muzzleloaders and read as follows: Savannah National Wildlife Refuge arrows quivered before and after legal shooting hours. § 32.29 Georgia. * * * * * 17. Hunters must check out at the * * * * * C. Big Game Hunting. *** * * * * * check station prior to leaving the refuge Banks Lake National Wildlife Refuge at the end of their hunt. A refuge staff 3. We allow only bows (no crossbows) member or volunteer must check the * * * * * for deer and hog hunting during the campsites before the hunters leave the D. Sport Fishing. *** archery hunt. refuge. * * * * * * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33172 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

5. We allow only shotguns with slugs, 3. We prohibit the construction or use State regulations subject to the muzzleloaders, and bows (no of permanent blinds, stands, or scaffolds following conditions: crossbows) for deer and hog hunting (see § 27.92 of this chapter). 1. We prohibit upland game hunting throughout the designated hunt area * * * * * in the controlled goose hunting areas during the November gun hunt and the D. Sport Fishing. We allow fishing on during the goose hunting season, except March hog hunt. However, we allow designated areas of the refuge in we allow furbearer hunting from legal high-powered rifles north of Interstate accordance with State regulations sunset to legal sunrise. Highway 95 only. We prohibit subject to the following conditions: 2. We prohibit upland game hunting handguns. 1. We allow fishing on Lake within 50 yards (45 m) of all designated 6. You may place one stand on the Chautauqua from January 15 through public use facilities, including but not refuge for 2 consecutive days during the October 15. We prohibit fishing in the limited to parking areas, picnic areas, October archery hunt, the November Waterfowl Hunting Area during the campgrounds, marinas, boat ramps, gun hunt, and the March hog hunt. You waterfowl hunting season. public roads, and established hiking must remove your stand by legal sunset 2. We allow bank fishing from legal trails listed in the refuge trails brochure. of the second day of each 2-day period. sunrise to legal sunset from October 16 3. We prohibit hunters using rifles or Your name, address, and phone number to January 14 between the boat ramp handguns with ammunition larger than must be marked on your stand. and the fishing trail in the North Pool .22 caliber rimfire, except they may use * * * * * and from Goofy Ridge Public Access to black powder firearms up to and including .40 caliber. Wassaw National Wildlife Refuge the west gate of the north pool water control structure. C. Big Game Hunting. We allow * * * * * 3. Motorboats must not exceed ‘‘no- hunting of white-tailed deer and turkey C. Big Game Hunting. *** wake’’ speeds. on designated areas of the refuge in accordance with State regulations * * * * * 4. We prohibit the public entering subject to the following conditions: 8. We allow bows (no crossbows) and Weis Lake on the Cameron-Billsbach 1. We require all deer and turkey muzzleloading rifles during the Unit of the refuge from October 16 hunters using the restricted use area to primitive weapons hunt. through January 14. 9. We allow shotguns, 20 gauge or check in at the refuge visitor contact larger (slugs only), centerfire rifles of .22 Crab Orchard National Wildlife Refuge station prior to hunting. caliber or larger, bows (no crossbows), A. Migratory Game Bird Hunting. We 2. We allow deer hunting with and primitive weapons during the gun allow hunting of waterfowl on archery equipment only in the following hunt. designated areas of the refuge in areas: i. In the controlled goose hunting * * * * * accordance with State regulations area; I 8. Amend § 32.32 Illinois by: subject to the following conditions: ii. On all refuge lands north of Illinois I a. Revising the introductory text of 1. Hunters may hunt waterfowl, by paragraph A., revising paragraph A.2., State Route 13; and daily permit drawing, on the controlled iii. In the area north of the Crab adding paragraph A.3., and revising areas of Grassy Point, Carterville, and paragraph D. of Chautauqua National Orchard Lake emergency spillway and Greenbriar land areas, as well as on west of Crab Orchard Lake. Wildlife Refuge; Orchard, Sawmill, Turkey, and Grassy I 3. We prohibit big game hunting b. Revising Crab Orchard National islands from 1⁄2 hour before legal sunrise Wildlife Refuge; within 50 yards (45 m) of all designated to posted closing times each day during public use facilities, including but not I c. Revising paragraphs A., B.1., C.1., the goose season. Hunters may hunt and D. of Cypress Creek National limited to parking areas, picnic areas, waterfowl in these areas, including the campgrounds, marinas, boat ramps, Wildlife Refuge; lake shoreline, only from existing refuge I public roads, and established hiking d. Revising paragraphs A.1., A.2., B., blinds during the goose season. C., and D.1. of Emiquon National trails listed in the refuge trails brochure. 2. We prohibit waterfowl hunting in 4. You must remove all portable Wildlife Refuge; the restricted use area of Crab Orchard I e. Revising paragraphs D.3. and D.4. of hunting stands, blinds, and other Lake. Meredosia National Wildlife Refuge; hunting equipment from the refuge at I f. Revising paragraphs A.1., A.2., B., 3. We prohibit the construction or use the end of each day’s hunt (see §§ 27.93 C., and D. of Middle Mississippi River of permanent blinds, stands, platforms, and 27.94 of this chapter). National Wildlife Refuge; and or scaffolds (see § 27.92 of this chapter). 5. Condition A3 applies. I g. Revising paragraphs A.1., A.2., B., 4. Hunting blinds must be a minimum D. Sport Fishing. We allow sport C., and D.4. of Two Rivers National of 200 yards (180 m) apart. fishing on designated areas of the refuge Wildlife Refuge to read as follows: 5. Hunters must remove all boats, in accordance with State regulations decoys, blinds, blind materials, and subject to the following conditions: § 32.32 Illinois. other personal equipment (see §§ 27.93 1. On Crab Orchard Lake west of Wolf * * * * * and 27.94 of this chapter) from the Creek Road: refuge at the end of each day’s hunt. Chautauqua National Wildlife Refuge i. Anglers may fish from boats all 6. Goose hunters outside the year. A. Migratory Game Bird Hunting. We controlled goose hunting area on Crab ii. Anglers must remove all trotlines/ allow hunting of waterfowl on Orchard Lake must hunt from a blind jugs from legal sunrise until legal sunset designated areas of the refuge in that is on shore or anchored a minimum from the Friday immediately prior to accordance with State regulations of 200 yards (180 m) away from any Memorial Day through Labor Day. subject to the following conditions: shoreline. Waterfowl hunters may also 2. On Crab Orchard Lake east of Wolf * * * * * hunt on the east shoreline in Grassy Creek Road: 2. Hunters must remove boats, decoys, Bay. i. Anglers may fish from boats March blinds, and blind materials at the end of B. Upland Game Hunting. We allow 15 through September 30. each day’s hunt (see §§ 27.93 and 27.94 hunting of upland game on designated ii. Anglers may fish all year at the of this chapter). areas of the refuge in accordance with Wolf Creek and Route 148 causeways.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33173

3. Anglers must check and remove 7. We allow the use of hunting dogs, 1. We prohibit the construction or use fish from all jugs and trotlines daily. provided the dogs are under the of permanent blinds, stands, or scaffolds 4. We prohibit using stakes to anchor immediate control of the hunter at all (see §§ 27.93 and 27.94 of this chapter). any trotlines. times (see § 26.21(b) of this chapter). 2. Hunters must remove boats, decoys, 5. Anglers must tag all trotlines with 8. On the Bellrose Waterfowl Reserve: blinds, and blind materials (see §§ 27.93 their name and address. i. We prohibit all upland game and 27.94 of this chapter) brought onto 6. We prohibit anglers using jugs or hunting, big game hunting, and duck the refuge at the end of each day’s hunt. trotlines with any flotation device that hunting. * * * * * has previously contained any ii. You may hunt goose only following B. Upland Game Hunting. We allow petroleum-based material or toxic the closure of the State duck hunting upland game hunting on designated substance. season. areas of the refuge in accordance with 7. Anglers must attach a buoyed iii. We allow goose hunting only on State regulations subject to the device that is visible on the water’s Tuesdays, Thursdays, Saturdays, and following condition: We allow access surface to all trotlines. Sundays. 1 for hunting from 1 hour before legal 8. Anglers may use all noncommercial iv. We allow hunting from ⁄2 hour sunrise until legal sunset. fishing methods, except they may not before legal sunrise until 1 p.m. C. Big Game Hunting. We allow use any underwater breathing v. Hunters must exit the Reserve by 2 hunting of white-tailed deer and turkey apparatus. p.m. on designated areas of the refuge in vi. We prohibit entry to the Reserve 9. On A–41, Bluegill, Managers, accordance with State regulations Honkers, and Vistors Ponds: prior to 4:30 a.m. vii. We prohibit hunting during the subject to the following conditions: i. Anglers may fish only from legal 1. We prohibit the construction or use special snow goose seasons after closure sunrise to legal sunset March 15 through of permanent blinds, platforms, or September 30. of the regular goose seasons. viii. We prohibit construction or use ladders (see § 27.93 of this chapter). ii. We prohibit anglers from using 2. You must remove all portable of pit blinds (see § 27.92 of this chapter). boats or floatation devices. hunting stands and blinds from the area 10. Anglers may not submerge any ix. We prohibit hunting within 100 yards (90 m) of any private property at the end of each day’s hunt (see pole or similar object to take or locate §§ 27.93 and 27.94 of this chapter). any fish. boundary. x. All hunting parties must be at least D. Sport Fishing. *** 11. Organizers of all fishing events 1. We prohibit leaving boats on refuge 200 yards (180 m) apart. must possess a refuge-issued permit. xi. All hunters must sign in and out waters overnight (see § 27.93 of this 12. We prohibit anglers from fishing and report daily harvest at the hunter chapter). within 250 yards (225 m) of an occupied registration station. * * * * * waterfowl hunting blind. xii. All hunting parties must hunt Meredosia National Wildlife Refuge 13. We restrict motorboats to slow over a minimum of 12 decoys at each speeds leaving ‘‘no wake’’ in Cambria blind site. * * * * * Neck, and within 150 feet (45 m) of any B. Upland Game Hunting. *** D. Sport Fishing. *** shoreline, swimming area, marina 1. Conditions A1, A2, A3, A4, A5, and * * * * * entrance, boat ramp, or causeway tunnel A7 apply. 3. We prohibit leaving boats on refuge on Crab Orchard, Little Grassy, or Devils * * * * * waters overnight (see § 27.93 of this Kitchen Lakes. C. Big Game Hunting. *** chapter). Cypress Creek National Wildlife Refuge 1. Conditions A1, A2, A3, A4, and A5 4. Motorboats must not exceed ‘‘no- apply. wake’’ speeds. A. Migratory Game Bird Hunting. We D. Sport Fishing. We allow fishing on allow hunting of duck, goose, coot, Middle Mississippi River National designated areas of the refuge in Wildlife Refuge woodcock, dove, and snipe on accordance with State regulations designated areas of the refuge in subject to the following conditions: A. Migratory Game Bird Hunting. accordance with State regulations 1. Condition A4 applies. *** subject to the following conditions: 2. Anglers must remove all boats and 1. We prohibit the construction or use 1. We require hunters to possess and fishing equipment (see § 27.93 of this of permanent blinds, stands, scaffolds, carry a free refuge hunting permit while chapter) brought onto the refuge at the or platforms (see § 27.92 of this chapter). hunting on the refuge. end of each day’s fishing activity. 2. Hunters must remove boats, blinds, 2. Hunters must remove all boats, 3. We prohibit the use of trotlines, blind materials, stands, decoys, and decoys, blinds, blind materials, stands, jugs, yo-yos, nets, or any commercial other hunting equipment (see §§ 27.93 and platforms (see §§ 27.93 and 27.94 of fishing equipment except in areas where and 27.94 of this chapter) from the this chapter) brought onto the refuge at State regulation authorizes commercial refuge at the end of each day. the end of each day’s hunt. tackle. B. Upland Game Hunting. We allow 3. We prohibit the construction or use 4. We prohibit the use of more than hunting of upland game on the refuge in of permanent blinds, platforms, and two poles per angler and more than two accordance with State regulations scaffolds (see § 27.92 of this chapter). hooks or lures per pole. subject to the following condition: We 4. We prohibit outboard motors larger 5. We prohibit possession of bass less allow hunting of furbearers only from than 10 hp. than 15 inches (37.5 cm) in length from legal sunrise to legal sunset. 5. We prohibit the use of paint, refuge ponds. C. Big Game Hunting. We allow flagging, reflectors, tacks, or other 6. We prohibit possession of more hunting of white-tailed deer and turkey manmade materials to mark trails or than six channel catfish from refuge on the refuge in accordance with State hunting locations. ponds. regulations subject to the following 6. We allow dove hunting beginning conditions: on September 1 and continuing on the Emiquon National Wildlife Refuge 1. The Harlow and Meissner Island following Mondays, Wednesdays, and A. Migratory Game Bird Hunting. Divisions are open only to archery Saturdays throughout the State season. *** hunting.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33174 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

2. Conditions A1 and A2 apply. I c. Revising Patoka River National D. Sport Fishing. We allow fishing on 3. On refuge lands where archery and Wildlife Refuge and Management Area the Old Timbers Lake in accordance firearm hunting seasons (shotgun, rifle, to read as follows: with State regulations subject to the muzzleloader) run concurrent, archery following conditions: hunters must comply with firearm § 32.33 Indiana. 1. We require a refuge access permit. blaze-orange, safety requirements for the * * * * * 2. We only allow fishing with a rod State in which they are hunting (i.e., Big Oaks National Wildlife Refuge and reel or pole and line. Missouri or Illinois). 3. We prohibit the use of trotlines. D. Sport Fishing. We allow fishing on * * * * * 4. We allow boats only rowed, the refuge in accordance with State B. Upland Game Hunting. We allow paddled, or powered by an electric regulations subject to the following hunting of squirrel in accordance with trolling motor on the Old Timbers Lake. conditions: State regulations subject to the 5. We prohibit retaining black bass, 1. We close the Meissner Island following conditions: largemouth bass, smallmouth bass, and Division to all sport fishing. 1. We require a refuge access permit. spotted bass between 12 and 15 inches 2. We prohibit the taking of turtle and 2. We allow the use of hunting dogs (30 and 37.5 cm). only during the squirrel hunting season. frog (see § 27.21 of this chapter). Muscatatuck National Wildlife Refuge 3. We allow fishing only from legal Hunters must ensure that all hunting sunrise to legal sunset. dogs wear a collar displaying the * * * * * 4. Anglers must remove all fishing owner’s name, address, and telephone B. Upland Game Hunting. We allow devices (see § 27.93 of this chapter) at number. hunting of quail, squirrel, and rabbit on the end of each day’s fishing. 3. Hunters must hunt only in assigned designated areas of the refuge in * * * * * areas. We prohibit trespass into an accordance with State regulations unassigned hunt area. subject to the following conditions: Two Rivers National Wildlife Refuge 4. In areas posted ‘‘Area Closed,’’ we 1. We prohibit discharge of firearms A. Migratory Game Bird Hunting. prohibit entry, including hunting. within 100 yards (90 m) of an occupied *** 5. We prohibit the use of flagging tape dwelling. 1. We prohibit the construction or use and reflective tacks. 2. We allow the use of hunting dogs of permanent blinds, stands, scaffolds, 6. We allow the use of squirrel only for hunting rabbit and quail, or platforms (see § 27.92 of this chapter). hunting dogs only in the day-use area. provided the dogs are under the 2. Hunters must remove boats, decoys, 7. Permitted squirrel hunters are the immediate control of the hunter at all blinds, and blind materials (see §§ 27.93 only hunters authorized to possess a times (see § 26.21(b) of this chapter). and 27.94 of this chapter) brought onto rifle (only .22 rimfire) on the refuge. 3. We allow .22 caliber rifles only the refuge at the end of each day’s hunt. 8. Squirrel hunters may possess only with rimfire ammunition and shotgun B. Upland Game Hunting. We allow approved nontoxic shot while in the for upland game hunting. upland game hunting only on the Apple field (see § 32.2(k)). 4. We prohibit quail, squirrel, and Creek Division and the portion of the 9. We prohibit the use or possession rabbit hunting during refuge deer hunts. Calhoun Division east of the Illinois of handguns on the refuge. C. Big Game Hunting. We allow River Road in accordance with State 10. We require that hunters check all hunting of white-tailed deer and turkey regulations subject to the following harvested game taken on the refuge at on designated areas of the refuge in condition: We allow hunting from legal the refuge check station. accordance with State regulations 11. We require all refuge hunters to sunrise to legal sunset. subject to the following conditions: C. Big Game Hunting. We allow hunt with a partner. We require hunting 1. Condition B1 applies. hunting of white-tailed deer and turkey partners to know the location of their 2. You must possess and carry a on the Apple Creek Division and the partner while hunting. Youth hunters, refuge permit during the State portion of the Calhoun Division east of anyone age 17 or under, must be muzzleloader deer season. the Illinois River Road in accordance directly supervised by a responsible 3. You must possess and carry a with State regulations subject to the adult age 18 or older. refuge permit during the deer archery 12. We prohibit possession of following conditions: hunting season that overlaps with the 1. We prohibit the construction or use alcoholic beverages on the refuge (see State muzzleloader deer season. of permanent blinds, platforms, or § 32.2(j)). 4. Our late archery season deer hunt 13. Hunters must possess and carry a ladders (see § 27.92 of this chapter). opens at the end of the State 2. Hunters must remove all portable compass while hunting on the refuge. muzzleloader season and ends at the hunting stands and blinds from the C. Big Game Hunting. We allow conclusion of the State late archery refuge at the end of each day’s hunt (see hunting of white-tailed deer and turkey season. §§ 27.93 and 27.94 of this chapter). on designated areas of the refuge in 5. We prohibit the construction or use D. Sport Fishing. *** accordance with State regulations of permanent blinds, platforms, or subject to the following conditions: ladders (see § 27.92 of this chapter). * * * * * 1. Conditions B1, B3, B4, B5, B9, B10, 6. Hunters may take only one deer per 4. Anglers must remove boats and all B11, B12, and B13 apply. day from the refuge. other fishing devices (see § 27.93 of this 2. The refuge access permit will 7. We allow only spring turkey chapter) at the end of each day’s fishing contain bag limits and license hunting on the refuge, and hunters must activity. requirements. possess a refuge permit. * * * * * 3. We allow the use of portable D. Sport Fishing. We allow fishing on I 9. Amend § 32.33 Indiana by: hunting stands and blinds. All hunting designated areas of the refuge in I a. Revising paragraphs B., C., and D. stands and blinds may be left in the accordance with State regulations of Big Oaks National Wildlife Refuge; field overnight only if the hunter will be subject to the following conditions: I b. Revising paragraphs B., C., and D. hunting that same location the following 1. We allow the use of boats only on of Muscatatuck National Wildlife day. We prohibit tree steps or screw-in Stanfield Lake. We prohibit the use of Refuge; and steps (see § 32.2(i)). gasoline- or electric-powered boat

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33175

motors. We allow manual- (foot- or 2. All other refuge waters are subject hunters must complete the daily hand-) propelled boats. to the following conditions: registration by recording the number of 2. We allow the use of belly boats or i. We allow fishing from legal sunrise hours hunted and kill information. float tubes in all designated fishing to legal sunset. 7. All hunters must be in possession areas. ii. We allow fishing only with rod and of a valid Entrance Fee Permit. 3. We allow fishing only with rod and reel or pole and line. 8. Hunters may not construct or use reel or pole and line. iii. The minimum size limit for large- permanent blinds or stands. Hunters 4. We prohibit harvest of frog and mouth bass on Snakey Point Marsh is 14 must remove hunting blinds or stands turtle (see § 27.21 of this chapter). inches (35 cm). and other property by the close of the iv. You must possess and carry a season (see §§ 27.93 and 27.94 of this Patoka River National Wildlife Refuge refuge permit to take bait fish, crayfish, chapter). and Management Area snapping turtle, and bullfrog. 9. We prohibit shooting on or over A. Migratory Game Bird Hunting. We 3. Anglers must remove boats at the any refuge road open to vehicle traffic allow hunting of migratory game birds end of each day’s fishing activity (see within 30 feet (9 m) of the centerline. on designated areas of the refuge and § 27.93 of this chapter). 10. We prohibit field dressing of any the White River Wildlife Management 4. Conditions A2 through A5 apply. big game within 100 feet (30 m) of the Area in accordance with State I 10. Amend § 32.34 Iowa by revising centerline of any refuge road. regulations subject to the following paragraphs B., C., and D. of DeSoto 11. We prohibit use of two-way conditions: National Wildlife Refuge to read as mobile radio transmitters to 1. We prohibit the construction or use follows: communicate the location or direction of permanent blinds, stands, platforms, of game or to coordinate the movement or scaffolds (see § 27.92 of this chapter). § 32.34 Iowa. of other hunters. 2. Hunters must remove all boats, * * * * * D. Sport Fishing. We allow sport decoys, blinds, and blind materials after fishing in DeSoto Lake in accordance DeSoto National Wildlife Refuge each day’s hunt (see §§ 27.93 and 27.94 with the States of Iowa and Nebraska of this chapter). * * * * * regulations subject to the following 3. We allow motorboats only on B. Upland Game Hunting. We allow conditions: Snakey Point Marsh east of the South youth hunting of ring-necked pheasant 1. We allow ice fishing in DeSoto Fork River and the Patoka River. All on designated areas of the refuge in Lake January 2 through the end of other areas are open to either manual- accordance with the States of Iowa and February. The refuge manager may open powered boats or boats with battery- Nebraska regulations. The refuge DeSoto Lake to ice fishing before driven motors only. manager will annually determine and January 2 or after the end of February, 4. Motorboats must not exceed ‘‘no publish hunting seasons, dates, and depending on ice conditions. 2. We allow the use of pole and line wake’’ speeds. designated areas. 5. We prohibit the use of powered C. Big Game Hunting. We allow or rod and reel fishing in DeSoto Lake from April 15 through October 14. The airboats on the refuge. hunting of white-tailed deer and wild 6. We close the Cane Ridge Wildlife turkey on designated areas of the refuge refuge manager may open DeSoto Lake Management Area to all hunting. in accordance with States of Iowa and to fishing as early as April 1, depending B. Upland Game Hunting. We allow Nebraska regulations subject to the on waterfowl usage each year. 3. We allow the use of archery and hunting of bobwhite quail, cottontail following conditions: spear fishing for nongame fish only from rabbit, squirrel (gray and fox), turkey, 1. The refuge manager will annually determine and publish hunting seasons April 15 through October 14. red and gray fox, coyote, opossum, and 4. When the lake is open to ice and dates and include them in the raccoon in accordance with State fishing, we prohibit motor- or wind- refuge access permit. regulations subject to the following driven conveyances on the lake. conditions: 2. You must possess and carry a 5. We allow the use of portable ice 1. You must possess and carry a refuge access permit at all times while fishing shelters on a daily basis from refuge permit for all furbearer hunting. in the hunting area. Hunters may enter January 2 through the end of February. 2. We allow the use of dogs for the hunting areas only within the dates The refuge manager may open DeSoto hunting, provided the dog is under the listed on the Refuge Access Permit. Lake to the use of ice fishing shelters immediate control of the hunter at all 3. All areas open to hunting may be before January 2 or after the end of times (see § 26.21(b) of this chapter). accessed by hunters with a valid Iowa February, depending on ice conditions. C. Big Game Hunting. We allow or Nebraska resident hunting permit. 6. Anglers may use no more than two hunting of white-tailed deer in Reciprocity exists, with both States lines and two hooks per line, including accordance with State regulations allowing hunters with either resident ice fishing. subject to the following conditions: permit to access refuge hunting land in 7. We prohibit the use of trotlines, 1. We prohibit the construction or use either State. float lines, bank lines, or setlines. of permanent blinds, stands, platforms, 4. Hunters holding nonresident 8. Anglers must adhere to minimum or scaffolds (see § 27.92 of this chapter). Nebraska or nonresident Iowa permits length and creel limits as posted. 2. Condition A6 applies. may hunt only on the ground that lies 9. We prohibit anglers leaving any 3. We prohibit marking trails with within the State that issued the personal property, litter, fish or any tape, ribbons, paper, paint, tacks, tree nonresident permit. parts thereof, on the banks, in the water, blazes, or other devices. 5. We allow hunters in the designated or on the ice. D. Sport Fishing. We allow sport area from 3 hours before legal sunrise 10. We prohibit digging or seining for fishing on all areas of the refuge in until 2 hours after legal sunset. bait. accordance with State regulations 6. We require all hunters using the 11. We prohibit take or possession of subject to the following conditions: designated archery hunting areas to turtle or frog at any time (see § 27.21 of 1. We allow sport fishing in individually register their name and this chapter). accordance with State regulations on the vehicle at the parking area prior to 12. We limit boating to ‘‘no-wake’’ main channel of the Patoka River. entering the archery area. After hunting, speeds, not to exceed 5 miles per hour.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33176 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

13. We allow anglers on the refuge subject to the following condition: A.7., and A.10., adding paragraph A.14., from 1⁄2 hour before legal sunrise to 1⁄2 Condition A1 applies. revising the introductory text of hour after legal sunset. * * * * * paragraph B., revising paragraphs B.3., * * * * * I 12. Amend § 32.36 Kentucky by B.4., C.4., C.5., C.6., and C.8., removing I 11. Amend § 32.35 Kansas by revising revising paragraphs A.6. and A.8., paragraphs C.9. and C.10., and revising paragraphs D.1. and D.3. of Big Branch paragraphs A.1. through A.3., adding removing paragraph A.10., redesignating Marsh National Wildlife Refuge; paragraph A.4., revising paragraphs B.1., paragraphs A.11. through A.18. as I e. Adding paragraph C.8. of Black B.2., adding paragraphs B.3. and B.4., paragraphs A.10. through A.17., and revising paragraphs B.1., B.3., B.5., B.6., Bayou Lake National Wildlife Refuge; revising paragraphs C.1. through C.3., I f. Revising paragraphs A.1., A.2., A.3., adding paragraphs C.4. and C.5., and and C.1. of Clarks River National Wildlife Refuge to read as follows: A7., and A.8., adding paragraph A.11., revising paragraph D. of Marais des revising paragraphs B.1. and B.2., Cygnes National Wildlife Refuge to read § 32.36 Kentucky. removing paragraph B.3., redesignating as follows: * * * * * paragraphs B.4. through B.8. as § 32.35 Kansas. paragraphs B.3. through B.7., revising Clarks River National Wildlife Refuge newly designated paragraph B.3., * * * * * A. Migratory Game Bird Hunting. removing paragraph B.9., revising Marais des Cygnes National Wildlife *** paragraphs C.1., C.2., C.4., and C.5., Refuge * * * * * removing paragraph C.8., redesignating A. Migratory Game Bird Hunting. 6. To track game in or retrieve game paragraphs C.9. through C.11. as *** from a posted closed area of the refuge, paragraphs C.8. through C.10., revising 1. We restrict outboard motor use to the hunter must first receive newly designated paragraph C.8., revising the introductory text of the westernmost 51⁄2 miles (8.8 km) of authorization from the refuge manager the Marais des Cygnes River. You may at 270–527–5770 or the law enforcement paragraph D., and revising paragraph use only nonmotorized boats and officer at 270–703–2836. D.2. of Bogue Chitto National Wildlife * * * * * Refuge; electric trolling motors on remaining I waters in designated areas of the refuge. 8. We close portions of abandoned g. Revising paragraphs A., D.2., D.4., D.5., D.7., D.14., and D.15. of Cameron 2. We prohibit discharge of firearms railroad tracks within the refuge Prairie National Wildlife Refuge; within 150 yards (135 m) of any boundary to vehicle access (see § 27.31 I h. Revising paragraphs A.2., A.5., residence or occupied building. of this chapter). A.10., A.17., and A.18., adding 3. We allow only temporary portable * * * * * paragraphs A.26. through A.28., revising blinds and blinds made from natural B. Upland Game Hunting. *** paragraphs B.1. and B.3., adding vegetation. 1. Conditions A1 through A13 apply. paragraph B.6., revising paragraphs C.1., 4. You must remove boats, decoys, * * * * * C.2., C.4., D.2., and D.7., and removing portable blinds, and other personal 3. You may not kill or cripple a wild paragraph D.11. of Cat Island National property from the refuge at the end of animal without making a reasonable Wildlife Refuge; each day (see §§ 27.93 and 27.94 of this effort to retrieve the animal and harvest I i. Revising the introductory text of chapter). a reasonable portion to be included in paragraph A., revising paragraph A.4., B. Upland Game Hunting. *** your daily bag limit. adding paragraph A.17., revising 1. Condition A2 applies. * * * * * paragraph B.1., adding paragraph B.11., 2. We prohibit centerfire and rimfire 5. You may possess only approved revising paragraph C.1., adding rifles and pistols. nontoxic shot (see § 32.2(k)) while paragraphs C.12. and C.13., and revising 3. You may possess only bow and hunting small game. paragraph D.1. of Catahoula National arrow or shotguns smaller than 10 gauge 6. You may hunt coyote only during Wildlife Refuge; while hunting upland game. any daytime refuge hunt with weapons I j. Revising paragraph A.6. and adding 4. We require the use of approved and ammunition allowed for that hunt. paragraph C.11. of D’Arbonne National nontoxic shot (see § 32.2(k)). C. Big Game Hunting. *** Wildlife Refuge; C. Big Game Hunting. *** 1. Conditions A1 through A17 and B3 I k. Revising paragraphs A.1. and A.7., 1. Conditions A2, A3, A4, B2, and B4 apply. removing paragraph A.10., redesignating apply. * * * * * paragraphs A.11. through A.13. as 2. You must possess and carry a I 13. Amend § 32.37 Louisiana by: paragraphs A.10. through A.12., revising refuge access permit to hunt deer and I a. Revising paragraphs A. and B. of newly designated paragraphs A.10. and spring turkey. Atchafalaya National Wildlife Refuge; A.12., revising paragraph B.4., the 3. We prohibit hunting with the aid of I b. Revising paragraphs D.1. and D.2. introductory text of paragraph C., and or distribution of any feed, salt, or other of Bayou Sauvage National Wildlife paragraphs C.1., D.1., and D.4. of Delta mineral (see § 32.2(h)). Refuge; National Wildlife Refuge; 4. We allow the use of portable tree I c. Revising the introductory text of I l. Revising the introductory text of stands. You must label portable tree paragraph A., revising paragraphs A.1., paragraph A., revising paragraphs A.5., stands left overnight with your name A.3., and A.4., removing paragraph A.15., A.19., A.21., adding paragraph and phone number so it is visible from A.10., redesignating paragraphs A.11. B.8., revising paragraphs C.1. and C.2., the ground. through A.13. as paragraphs A.10. removing paragraph C.5., redesignating 5. You may install portable tree stands through A.12., revising newly paragraphs C.6. through C.9. as no sooner than September 15, and you designated paragraph A.10., and paragraphs C.5. through C.8., and must remove them by January 15 of each revising paragraphs B.4., B.6., C.1., C.2., revising newly designated paragraph year. C.7., C.9., D.3., and D.5. of Bayou Teche C.6. and paragraphs D.6., D.8., and D.15. D. Sport Fishing. We allow fishing on National Wildlife Refuge; of Grand Cote National Wildlife Refuge; designated areas of the refuge in I d. Revising the introductory text of I m. Revising paragraphs A.1., A.7., and accordance with State regulations paragraph A., revising paragraphs A.1., A.8., revising the introductory text of

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33177

paragraph C., removing paragraph C.5., 1. The refuge is open from 30 minutes during 5 specific days during October redesignating paragraphs C.6. through before legal sunrise to 30 minutes after and November. A youth gun hunt will C.12. as paragraphs C.5. through C.11., legal sunset. occur during the last weekend of revising newly redesignated paragraph 2. We allow sport fishing and October. The general gun hunt will C.6., and revising paragraph D.5. of shellfishing year-round on all refuge occur during the final full weekend in Lacassine National Wildlife Refuge; lands south of the Intracoastal November. The general gun hunt will be I n. Revising the introductory text of Waterway, from the banks of U.S. a lottery hunt. We will require a Lottery paragraph A., revising paragraphs A.5., Highway 11, and within the banks of the Hunt Permit. Hunters will find permit A.11., and A.13., adding paragraph borrow canal and borrow pits between application procedures in the refuge A.24., revising paragraph B.2., adding U.S. Highway 11 and Interstate 10. We brochure. The youth gun hunt includes paragraph B.7., revising paragraphs C.1., close the remainder of the refuge from both Saturday and Sunday. The general C.2., and C.3., removing paragraph C.4., November 1 through January 31. gun hunt includes the Friday and redesignating paragraphs C.5. * * * * * immediately before the weekend. through C.17. as paragraphs C.4. 2. We allow hunting of deer with Bayou Teche National Wildlife Refuge through C.16., revising newly archery equipment from the start of the redesignated paragraphs C.4. and C.10., A. Migratory Game Bird Hunting. We State archery season until the last day and adding paragraphs C.17. and C.18. allow hunting of migratory waterfowl on of November in the following units: of Lake Ophelia National Wildlife designated areas of the refuge in Garden City, North Bend—East, and Refuge; accordance with State regulations North Bend—West. The following units I o. Revising paragraphs A.3., A.5., C.1., subject to the following conditions: are open to archery deer hunting from C.3., C.6., D.3., and D.4. of Mandalay 1. All hunters must possess and carry the start of the State archery season National Wildlife Refuge; a signed hunt permit while hunting on until January 31: Centerville, Bayou Sale, and Garden City (south of Garden I the refuge. This permit is free and p. Adding paragraph C.9. of Red River City levee only). We close refuge National Wildlife Refuge; available on the front cover of the refuge brochure. archery hunting on those days that the I q. Revising paragraphs A., D.4., D.7. * * * * * refuge deer gun hunts occur. introductory text, D.7.i., D.8. * * * * * introductory text, D.8.ii., D.8.viii., and 3. Youth hunters under age 16 must have completed a State-approved 7. We allow the use of portable deer D.8.xii. of Sabine National Wildlife stands according to State of Louisiana Refuge; Hunter Education Course and possess and carry a card or certification of Wildlife Management Area regulations. I r. Revising paragraphs A.4., A.5., A.7., completion. Each youth hunter under * * * * * A.10., A.11., A.13., B.2., B.5., B.6., B.7., age 16 must remain within sight and 9. Conditions A1, A2, with the C.3., C.4., and C.6. through C.15., adding normal voice contact of an adult age 21 following exception to A3: One adult paragraphs C.16. through C.18., and or older. Each adult may supervise no may supervise only one youth; A5, A6, revising paragraph D. of Tensas River more than two refuge-permitted youth A7, A8, B3, and B5 apply. National Wildlife Refuge; and hunters. We require all adult D. Sport Fishing. *** I s. Revising paragraphs A.8. and A.12., supervisors and hunters of migratory * * * * * the introductory text of paragraph C., waterfowl to possess and carry a State 3. The refuge is open from legal revising paragraph C.4., and adding hunter safety course card or certificate. sunrise until legal sunset unless stated paragraph C.11. of Upper Ouachita 4. We require waterfowl hunters to otherwise. National Wildlife Refuge to read as remove all portable blinds, boats, * * * * * follows: decoys, and other personal equipment 5. Conditions A6 and A8 apply. § 32.37 Louisiana. from the refuge by 1 p.m. daily. Big Branch Marsh National Wildlife * * * * * * * * * * Refuge 10. We allow waterfowl hunting in Atchafalaya National Wildlife Refuge Centerville, Garden City, and Bayou A. Migratory Game Bird Hunting. We Sale Units during the State waterfowl allow hunting of duck, coot, goose, A. Migratory Game Bird Hunting. We snipe, rail, gallinule, and woodcock on allow hunting of migratory game birds season. We open no other units to migratory waterfowl hunting. designated areas of the refuge during the on designated areas of the refuge in State waterfowl season in accordance accordance with State regulations * * * * * with State regulations subject to the subject to the following condition: B. Upland Game Hunting. *** following conditions: Hunting must be in accordance with * * * * * 1. We allow waterfowl hunting on State-issued Sherburne Wildlife 4. We allow hunting 7 days per week Wednesdays, Thursdays, Saturdays, and Management Area regulations. beginning with the opening of the State Sundays from 30 minutes before legal B. Upland Game Hunting. We allow season in Centerville, Garden City, sunrise until 12 p.m. (noon), including hunting of upland game on designated Bayou Sale, North Bend—East, and the State special teal season and State areas of the refuge in accordance with North Bend—West Units through the youth waterfowl hunt. State regulations subject to the last day of the State waterfowl season in * * * * * following condition: Hunting must be in the West Zone. We open no other units 7. Youth hunters under age 16 must accordance with State-issued Sherburne to the hunting of upland game. have completed a hunter education Wildlife Management Area regulations. * * * * * course and possess and carry evidence * * * * * 6. Conditions A1, A2, A3, A5, A6, A7, of completion. An adult age 21 or older A8, and A12 apply. must closely supervise youth hunters Bayou Sauvage National Wildlife (within sight and normal voice contact). Refuge * * * * * C. Big Game Hunting. *** One adult may supervise no more than * * * * * 1. We allow hunting of deer only with two youth hunters. D. Sport Fishing. *** firearms (see § 27.42 of this chapter) * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33178 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

10. We prohibit hunting within 150 3. Youth hunters under age 16 must to aid in the take of hog. During the feet (45 m) of any road open to vehicle successfully complete a State-approved special hog hunts you may take hog travel, any residence, or Boy Scout Road hunter education course. While hunting, from 30 minutes before legal sunrise to (see § 27.31 of this chapter). each youth must possess and carry a 30 minutes after legal sunset, and you * * * * * certificate of completion. Each youth must use pistol or rifle ammunition not 14. We prohibit horses. hunter must remain within sight and larger than .22 caliber rimfire or shotgun B. Upland Game Hunting. We allow normal voice contact of an adult age 21 with nontoxic shot to take the hog after hunting of squirrel, rabbit, and quail on or older. One adult may supervise up to it has been caught by dogs. designated areas of the refuge in two youth hunters. * * * * * accordance with State regulations * * * * * D. Sport Fishing. We allow subject to the following conditions: 7. We prohibit hunting within 150 recreational fishing year-round in * * * * * feet (45 m) of any public road, refuge accordance with State regulations 3. We allow dogs to only locate, point, road, designated trail, building, subject to the following conditions: and retrieve when hunting for quail. residence, designated public facility, or * * * * * 4. Conditions A5 through A14 apply. from or across aboveground oil or gas or 2. Conditions A9 and B4 apply. C. Big Game Hunting. *** electric facilities. * * * * * * * * * * 8. We prohibit possession of slugs, Cameron Prairie National Wildlife 4. You may take deer of either sex in buckshot, rifle, or pistol ammunition Refuge accordance with State regulations. The unless otherwise specified. State season limits apply. * * * * * A. Migratory Game Bird Hunting. We 5. Hunters may erect temporary deer 11. We prohibit horses. allow hunting of light and white-fronted stands 14 days prior to the start of deer B. Upland Game Hunting. *** goose, duck, coot, snipe, and dove on season. Hunters must remove all deer 1. You may possess only approved designated areas of the refuge in stands within 14 days of the end of the nontoxic shot size #4 or smaller or .22 accordance with State regulations refuge deer season (see §§ 27.93 and caliber rimfire or smaller. subject to the following conditions: 2. You may use dogs for rabbit and 27.94 of this chapter). 1. The waterfowl hunt is a youth hunt 6. Hunters may take hogs only during squirrel from November 1 to the end of only. We set dates in September, and the refuge deer archery hunt. the State season except during the you may obtain information from the refuge gun and muzzleloader season. refuge. We will accept permit * * * * * 3. You may use dogs for raccoon and 8. Conditions A5 through A14 apply, applications September 1 through opossum from January 1 through the last October 20 and limit applications to a except in condition A7: One adult may day of February. supervise only one youth while hunting choice of three dates. We will notify * * * * * big game. successful applicants. 6. Conditions A3 and A5 through A11 D. Sport Fishing. *** 2. All hunters born on or after apply. 1. You may only fish from 1⁄2 hour September 1, 1969, must successfully 1 7. During the refuge deer gun season, complete a State-approved hunter before legal sunrise to ⁄2 hour after legal all hunters except waterfowl hunters sunset, except in the Lake Road area. education course. While hunting, each must wear a minimum of 400 square youth must possess and carry a card or * * * * * 2 inches (2,600 cm ) of unbroken hunter certificate of completion. Each youth 3. We prohibit the use of trotlines, orange as the outermost layer of clothing hunter (age 16 and under) must remain limblines, slat traps, gar sets, nets, or on the chest and back. within sight and normal voice contact of alligator lines on the refuge. You may C. Big Game Hunting. *** an adult age 21 or older. For waterfowl take bait with cast nets 8 feet (2.4 m) in 1. Conditions A3 (one adult may hunts, one adult may supervise no more diameter or less. supervise only one youth hunter during than two youth hunters. * * * * * refuge gun deer hunts), A5 through A7, 3. We require every hunter to possess A10, B4, and B7 apply. and carry signed refuge hunting Black Bayou Lake National Wildlife 2. Hunters may erect temporary deer Refuge regulations and permit. stands 14 days prior to the start of deer 4. Each hunter must complete a * * * * * season. Hunters must remove all deer Hunter Information Card at a self- C. Big Game Hunting. *** stands within 14 days of the end of the clearing check station after each hunt * * * * * refuge deer season (see §§ 27.93 and and before leaving the refuge. 8. We prohibit possession or 27.94 of this chapter). 5. We allow dove hunting on distribution of bait or hunting with the * * * * * designated areas during the first split of aid of bait, including any grain, salt, 4. We list specific dates for general the State dove season only. minerals, or other feed or any gun big game hunts in the refuge hunt 6. We allow snipe hunting on nonnaturally occurring attractant on the brochure. designated areas for the remaining refuge (see § 32.2(h)). 5. We list specific dates for primitive portion of the State snipe season * * * * * weapons big game hunts in the refuge following closure of the State duck and hunt brochure. coot season in the West Zone. Boque Chitto National Wildlife Refuge * * * * * 7. We prohibit hunting closer than 50 A. Migratory Game Bird Hunting. 8. You may take hog as incidental yards (45 m) of any public road, refuge *** game while participating in the refuge road, trail, building, residence, or 1. We allow hunting from 30 minutes archery, primitive weapon, and general designated public facility. before legal sunrise until 12 p.m. (noon). gun deer hunts only. We list specific 8. We prohibit any person or group 2. We allow woodcock hunting in dates for the special hog hunts in from acting as guide, outfitter, or in any accordance with State regulations using January and February in the refuge hunt other capacity in which any other only approved nontoxic shot (see brochure. During the special hog hunts individual(s) pay or promise to pay § 32.2(k)) size #4 or smaller. you must use trained hog-hunting dogs directly or indirectly for service

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33179

rendered to any other person or persons 26. We prohibit blocking of gates or 4. We open the following ATV trails hunting on the refuge, regardless of trails (see § 27.31(h) of this chapter) year-round: Round Lake Road; portions whether such payment is for guiding, with vehicles or ATVs. of Black Lake and Dempsey Lake Roads outfitting, lodging, or club membership. 27. We prohibit ATVs on trails/roads beginning at the designated parking * * * * * (see § 27.31 of this chapter) not areas; portions of Minnow Ponds Road D. Sport Fishing. *** specifically designated by signs for ATV at Highway 8 to Green’s Creek Road and * * * * * use. then south to Green’s Creek Bridge. 2. You may recreationally fish, crab, 28. We prohibit handguns for hunting * * * * * or cast net in the East Cove Unit year- (see § 27.42 of this chapter). 17. We prohibit parking on the refuge B. Upland Game Hunting. *** round from legal sunrise to legal sunset, for access to adjoining nonrefuge 1. Conditions A1 through A17 and property. except during the State waterfowl A19 through A28 apply. season and when we close the Grand B. Upland Game Hunting. *** Bayou Boat Bay. * * * * * 1. Conditions A1, A4 (at the Bushley 3. We allow the use of squirrel and Bayou Unit), A7 through A14, A16, and * * * * * rabbit dogs from the day after the close A17 apply. 4. On East Cove Unit, we prohibit of the State-designated deer rifle season walking, wading, or climbing in or on * * * * * to the end of the State-designated 11. We require hunters participating the marsh, levees, or structures. season. We allow up to two dogs per 5. We allow sport fishing, crabbing, in special dog seasons for rabbit and hunting party for squirrel hunting. and cast netting in the canal and squirrel to wear a minimum of a hunter- waterways adjacent to the Gibbstown * * * * * orange cap. All other hunters and Unit Bank Fishing Road and the Outfall 6. We prohibit possession or archers (while on the ground), except Canal from March 15 through October distribution of bait or hunting with the waterfowl hunters, also must wear a 15. aid of bait, including any grain, salt, minimum of a hunter-orange cap during minerals, or other feed or nonnaturally the special dog seasons for rabbit and * * * * * occurring attractant on the refuge (see 7. We allow only recreational squirrel. § 32.2(h)). C. Big Game Hunting. *** crabbing with cotton hand lines or C. Big Game Hunting. *** 1. Conditions A1, A4 (at the Bushley dropnets up to 24 inches ( 60 cm) 1. Conditions A1 through A17, A19 Bayou Unit), A7 through A9, A12 outside diameter. We prohibit using through A28, and B6 apply. through A14, A16, A17, B4 through B8 floats on crab lines. 2. We allow archery-only deer (big game hunting), and B11 apply. * * * * * hunting on the refuge during the State * * * * * 14. We prohibit the use of ATVs, air- archery deer season. 12. We prohibit possession or thrust boats, and personal motorized * * * * * distribution of bait or hunting with aid watercraft (Jet Skis) in any refuge area 4. We allow only portable deer stands. of bait, including any grain, salt, (see § 27.31(f) of this chapter). Hunters may erect stands 2 days before minerals or other feed or nonnaturally 15. You may operate outboard motors the beginning of the refuge archery occurring attractant on the refuge (see in refuge canals, bayous, and lakes. In season and must remove them the last § 32.2(h)). the marsh we allow only trolling day of the State archery season (see 13. Deer hunters hunting from motors. §§ 27.93 and 27.94 of this chapter). concealed ground blinds must display a * * * * * Hunters may erect stands 2 days before minimum of 400 square inches (2,600 hunting season; however, they must 2 Cat Island National Wildlife Refuge cm ) of hunter orange above or around place them in a nonhunting position at their blinds visible from 360°. A. Migratory Game Bird Hunting. the conclusion of each day’s hunt. D. Sport Fishing. *** *** * * * * * 1. Conditions A4 (at the Bushley * * * * * D. Sport Fishing. *** Bayou Unit), A7, A9, A13 (as a fishing 2. Hunters must fill out a free daily * * * * * guide), A14, A16, A17, B5, and B7 ‘‘check-in’’ and ‘‘check out’’ refuge 2. Conditions A1, A3, A4, A5, A9 (on apply. hunting permit obtained at designated the open portions of Wood Duck ATV * * * * * check stations and must properly Trail for wildlife-dependent activities D’Arbonne National Wildlife Refuge display the associated windshield throughout the year), A13 through A16, permit while in parking lots. A19, and A21 through A28 apply. A. Migratory Game Bird Hunting. * * * * * * * * * * *** 5. You must use designated parking 7. We allow recreational crawfishing * * * * * areas to participate in any refuge public on the refuge subject to specific dates 6. We prohibit hunting within 100 use activity. (see refuge brochure for details). The feet (30 m) of the maintained rights of * * * * * harvest limit is 100 pounds (45 kg) per way of roads (see § 27.31 of this 10. We prohibit transport of loaded permit per day. chapter), and from aboveground oil or weapons on an ATV (see § 27.42(b) of * * * * * gas or electrical transmission facilities. this chapter). For muzzleloaders, we * * * * * define loaded as cap on primer. Catahoula National Wildlife Refuge C. Big Game Hunting. *** * * * * * A. Migratory Game Bird Hunting. We * * * * * 17. We prohibit all other hunting allow hunting of goose, duck, coot, 11. We prohibit possession or during refuge lottery deer hunts. gallinule, woodcock, rail, and snipe on distribution of bait or hunting with the 18. We allow waterfowl hunting on designated areas of the Bushley Bayou aid of bait, including any grain, salt, Tuesdays, Thursdays, Saturdays, and Unit in accordance with State hunting minerals, or other feed or any Sundays until 12 p.m. (noon) during the regulations subject to the following nonnaturally occurring attractant on the designated State duck season. conditions: refuge (see § 32.2(h)). * * * * * * * * * * * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33180 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Delta National Wildlife Refuge refuge (shown on the refuge hunting aboveground oil, gas, or electrical A. Migratory Game Bird Hunting. brochure map) in accordance with State transmission facilities; or designated *** regulations subject to the following public facilities. Hunting parties must 1. We allow waterfowl hunting on conditions: remain a distance of no less than 150 Wednesdays, Thursdays, Saturdays, and * * * * * yards (135 m) away from another Sundays from 30 minutes before legal 5. You must use designated parking hunter. sunrise until 12 p.m. (noon), including areas to participate in any refuge public 8. All hunters born on or after the State special teal season, State youth use activity. September 1, 1969, must successfully waterfowl season, and State light goose * * * * * complete a State-approved hunter special conservation season. 15. We only allow nonmotorized education course. While hunting, each boats or electric-powered motors. youth must possess and carry a card or * * * * * certificate of completion. Each youth 7. We prohibit air-thrust boats, mud * * * * * hunter must remain within sight and 19. We prohibit handguns for hunting boats, and air-cooled propulsion engines normal voice contact of an adult age 21 (see § 27.42 of this chapter). on the refuge. or older. For waterfowl hunts, one adult * * * * * * * * * * may supervise no more than two youth 10. Youth hunters under age 16 must 21. We allow only incidental take of hunters. successfully complete a State-approved mourning dove and snipe while migratory bird hunting on days open to * * * * * hunter education course. While hunting, C. Big Game Hunting. We allow waterfowl hunting. each youth must possess and carry a archery as the only form of hunting for card or certificate of completion. Each * * * * * white-tailed deer on designated areas of youth hunter must remain within sight B. Upland Game Hunting. *** the refuge in accordance with State and normal voice contact of an adult age * * * * * regulations subject to the following 21 or older. Each adult must possess 8. We prohibit possession or conditions: and carry a refuge permit and may distribution of bait or hunting with the supervise no more than two youth * * * * * aid of bait, including any grain, salt, 6. We allow boats of all motor types hunters. minerals, or other feed or nonnaturally and of 25 hp or less in Lacassine Pool. * * * * * occurring attractant on the refuge (see * * * * * 12. We open the refuge from 1⁄2 hour § 32.2(h)). D. Sport Fishing. *** before legal sunrise to 1⁄2 hour after legal C. Big Game Hunting. *** sunset with the exception that hunters 1. Conditions A1 through A16, A20, * * * * * may enter the refuge earlier, but not A26, and B8 apply. 5. We prohibit bank fishing from the before 4 a.m. 2. We allow archery hunting in Lacassine Pool Wildlife Drive. B. Upland Game Hunting. *** special designated units (see refuge * * * * * * * * * * brochure map) from the beginning of the Lake Ophelia National Wildlife Refuge 4. Conditions A4 through A10 (each State archery deer season until the end adult may supervise no more than two of the State archery deer season subject A. Migratory Game Bird Hunting. We youth hunters during upland game to refuge closures resulting from high allow hunting of duck, goose, coot, hunting), A11, and A12 apply. water conditions. woodcock, snipe, rail, and mourning C. Big Game Hunting. We only allow * * * * * dove on designated areas of the refuge archery hunting of white-tailed deer and 6. Hunters may take one deer of either in accordance with State regulations hog on designated areas of the refuge in sex per day during the deer season subject to the following conditions: accordance with State archery except during State-designated ‘‘bucks’’ * * * * * regulations subject to the following only seasons. 5. You must use designated parking conditions: D. Sport Fishing. *** areas to participate in any refuge public 1. Conditions A4 through A12 apply, * * * * * use activity. with the following exception to 6. We allow recreational crawfishing * * * * * condition A10: Each adult can only on the refuge subject to specific date 11. We prohibit transport of loaded supervise one youth hunter. restrictions (see refuge brochure for weapons on an ATV (see § 27.42(b) of * * * * * details). this chapter). For muzzleloaders, we D. Sport Fishing. *** * * * * * define loaded as cap on primer. 1. We only allow recreational fishing 8. You may harvest 100 lbs. (45 kg) of * * * * * and crabbing from 1⁄2 hour before legal crawfish per permit per day. 13. We prohibit all hunting during 1 sunrise until ⁄2 hour after legal sunset. * * * * * refuge lottery deer hunts. During State waterfowl hunting seasons; 15. We prohibit launching boats with * * * * * however, we only allow recreational trailers, put or placed, in Coulee des 24. We prohibit handguns for hunting fishing and crabbing from after 12 p.m. Grues from refuge property. (see § 27.42 of this chapter). (noon) until 1⁄2 hour after legal sunset. B. Upland Game Hunting. *** * * * * * Lacassine National Wildlife Refuge * * * * * 4. Conditions A8, A10, and A11 A. Migratory Game Bird Hunting. 2. We allow squirrel and rabbit apply. *** hunting in Hunt Unit 2B from the * * * * * 1. We require every individual hunter opening of the State season through to possess and carry a signed refuge December 10. Grand Cote National Wildlife Refuge hunting permit. * * * * * A. Migratory Game Bird Hunting. We * * * * * 7. We prohibit possession or allow hunting of duck, goose, coot, 7. We prohibit hunting within 50 distribution of bait or hunting with the mourning dove, snipe, rail, and yards (45 m) of refuge canals; aid of bait, including any grain, salt, woodcock on designated areas of the waterways; public roads; buildings; minerals, or other feed or nonnaturally

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33181

occurring attractant on the refuge (see areas north of the Intracoastal Waterway adult may supervise no more than two § 32.2(h)). to hunting of big game. youth hunters. C. Big Game Hunting. *** * * * * * 5. You may access the hunt areas via 1. Conditions A1 through A3, A5 3. You may take big game with the boat launches at the West Cove through A16, A19, A22, and B7 apply. archery equipment and in accordance Public Use Area, by vehicle on Vastar 2. We require hunters to permanently with State law. From October 1 through Road, and at designated turnouts within attach their name, address, and phone October 15, State bucks-only regulations the refuge public hunt area along State number to the deer stand. Hunters may are in effect. From October 16 through Highway 27 (see § 27.31 of this chapter), erect stands 2 days before hunting February 15 you may take only one deer unless otherwise posted. We prohibit season; however, they must place stands of either sex per day and hunters may refuge entrance through adjacent private in a nonhunting position at the possess only one deer. The State season property or using the refuge to access conclusion of each hunt and remove limits on deer apply. There is no daily private property or leases. them on the last day of the State archery or possession limit on feral hogs. 6. We allow launching of boats on trailers only at West Cove Public Use deer season. * * * * * Area. We allow hand launching of small 3. We allow archery hunting in Units 6. Conditions A3 (except that an adult boats along Vastar Road (no trailers 1A, 1B, 2A, and 2B subject to refuge- may supervise only one youth), A4, and permitted). specific date and harvest restrictions A7 apply. 7. We prohibit dragging boats across (see refuge hunting brochure for dates). D. Sport Fishing. *** 4. We allow youth deer hunting in the the levee. closed area during the lottery youth deer * * * * * 8. We allow operation of outboard season. 3. We allow fishing in the refuge year- motors only in designated refuge canals round. and Old North Bayou. We allow trolling * * * * * 4. The refuge is open from legal 10. We allow electric-powered or motors within the refuge marshes. sunrise until legal sunset unless 9. We prohibit air-thrust boats and nonmotorized boats in Lake Ophelia specifically stated otherwise. subject to refuge-specific date personal motorized watercraft (e.g., Jet restrictions (see refuge hunting brochure * * * * * Skis) unless otherwise posted. 10. You must use only portable blinds for details). Red River National Wildlife Refuge and those made of native vegetation. * * * * * * * * * * You must remove portable blinds, 17. We allow only turkey hunting C. Big Game Hunting. *** decoys, spent shells, and all other during the first 14 days of the State * * * * * personal equipment (see §§ 27.93 and season until 12 p.m. (noon). 9. We prohibit possession or 27.94 of this chapter) each day. 18. We allow the use and possession 11. We prohibit hunting within 50 of lead shot for turkey hunting. distribution of bait or hunting with the aid of bait, including any grain, salt yards (45 m) of refuge canals, * * * * * minerals, or other feed or any waterways, public roads, buildings, Mandalay National Wildlife Refuge nonnaturally occurring attractant on the above-ground oil, gas or electrical refuge (see § 32.2(h)). transmission facilities, or designated A. Migratory Game Bird Hunting. * * * * * public facilities. Hunting parties must *** maintain a distance of no less than 150 * * * * * Sabine National Wildlife Refuge yards (135 m) away from another 3. Youth hunters under age 16 must A. Migratory Game Bird Hunting. We hunter. successfully complete a State-approved allow hunting of light and white-fronted 12. Each hunter must complete a hunter education course. While hunting, goose, duck, and coot on areas Hunter Information Card at a self- each youth must possess and carry a designated by signs stating ‘‘Waterfowl clearing check station after each hunt card or certificate of completion. Each Hunting Only’’ and delineated in the and before leaving the refuge. youth hunter under age 16 must remain refuge regulations and on the permit 13. We prohibit any person or group within sight and normal voice contact of brochure map in accordance with State from acting as guide, outfitter, or in any an adult age 21 or older. Each adult may regulations subject to the following other capacity in which any other supervise no more than two refuge- conditions: individual(s) pay or promise to pay permitted youth hunters. We require all 1. We require all hunters to possess directly or indirectly for service adult supervisors and hunters of and carry a signed refuge permit. rendered to any other person or persons migratory waterfowl to possess and 2. We allow waterfowl hunting only hunting on the refuge, regardless of carry a State Hunter Safety Course on Wednesdays, Saturdays, and whether such payment is for guiding, Certificate. Sundays during the State teal season outfitting, lodging, or club membership. * * * * * and during the regular State waterfowl 14. We allow dogs to only locate, 5. Only one adult may occupy a blind season for the west zone. point, and retrieve when hunting for with up to two youths during a 3. We allow hunters to enter the migratory game birds. designated Lottery Youth Waterfowl refuge and launch boats only after 3 a.m. 15. We prohibit all-terrain vehicles Hunt. We allow no more than three Shooting hours end at 12 p.m. (noon) (ATVs) (see § 27.31(f) of this chapter). hunters to hunt from a blind at one time each day. D. Sport Fishing. *** during any waterfowl hunt. 4. All hunters born on or after * * * * * * * * * * September 1, 1969, must successfully 4. We allow only nonmotorized boats C. Big Game Hunting. *** complete a State-approved hunter in the 1A and 1B management units. 1. We open the refuge to hunting of education course and possess and carry * * * * * deer and hog during the State archery a card or certificate of completion. Each 7. Crabbing: We allow recreational season, except prior to 12 p.m. (noon) youth hunter must remain within sight crabbing in designated areas of the on Wednesdays and Saturdays during and normal voice contact of an adult age refuge subject to the following State waterfowl seasons, when we close 21 or older. For waterfowl hunts, one conditions:

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33182 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

i. You must take crabs only with later than 2 hours after legal sunset We prohibit target practicing or shooting cotton hand lines or drop nets up to 24 unless otherwise specified. We define to unload modern firearms on the refuge inches (60 cm) outside diameter. We an ATV as an off-road vehicle (not legal at any time. Shotgun hunters must prohibit use of floats on crab lines. for highway use) with factory possess only an approved nontoxic shot * * * * * specifications not to exceed the when hunting upland game. Hunters 8. Cast Netting: We allow cast netting following: Weight 750 pounds (337.5 must unload and encase all guns in designated areas of the refuge during kg), length 85 inches (212.5 cm), and transported in automobiles and boats or the Louisiana Inland Shrimp Season width 48 inches (120 cm). We restrict on all-terrain vehicles (see § 27.42(b) of subject to the following conditions: ATV tires to those no larger than 25 × this chapter). * * * * * 12 with a 1 inch (2.5 cm) lug height and 7. Conditions A7, A10, A11, and A13 ii. An adult age 21 or older must maximum allowable tire pressure of 7 apply. directly supervise all youths under age psi. We require an affixed refuge ATV C. Big Game Hunting. *** 18. permit that hunters may obtain from the * * * * * refuge headquarters, typically in July. 3. We will conduct two 2-day quota * * * * * Hunters using the refuge physically viii. You may cast net only from the modern firearms hunts for deer typically challenged all-terrain trails must bank and wharves at Northline, Hog in the months of November and possess the State’s Physically Island Gully, and 1A–1B Public Use December. Hunt dates and permit Challenged Program Hunter Permit. Areas or at sites along Highway 27 that application procedures are available at Additional physically challenged access provide developed safe access and that refuge headquarters in July. We prohibit information will be available at the we do not post and sign as closed areas. hunters using a muzzleloader during refuge headquarters. this hunt. * * * * * 11. While visiting the refuge, we 4. We will conduct a 4-day quota xii. We prohibit swimming and/or prohibit: Spotlighting; littering; fires; youth deer hunt and a 1-day quota wading in the canals and waterways. trapping, man-drives for game; physically challenged deer hunt in the * * * * * possession of alcoholic beverages; Greenlea Bend area typically in flagging, engineer’s tape, or paint; Tensas River National Wildlife Refuge December and January. Hunt dates and parking/blocking trail and gate permit application procedures will be A. Migratory Game Bird Hunting. entrances; and hunting within 150 feet available at the refuge headquarters in *** (45 m) of a designated public road, July. * * * * * maintained road, trail, fire breaks, * * * * * 4. In areas posted ‘‘Area Closed’’ or dwellings, or aboveground oil and gas 6. Hunters may take only one deer ‘‘No Waterfowl Hunting Zone,’’ we production facilities (see §§ 27.31(h), (one buck or one doe) per day during prohibit hunting of migratory birds at 27.94, 27.95(a) of this chapter, and refuge deer hunts. any time. The Public Use Regulations 32.2(j)). We define a maintained road or 7. We allow turkey hunting during the brochure will be available at the refuge trail as one which has been mowed, first 16 days of the State turkey season. headquarters in July. disked, or plowed and one which is free We will conduct a youth turkey hunt 5. We allow shotguns equipped with of trees. the Saturday and Sunday before the a single-piece magazine plug that allows * * * * * regular State turkey season. You may the gun to hold no more than two shells 13. We prohibit field dressing of game harvest two bearded turkeys per season. in the magazine and one in the chamber. within 150 feet (45 m) of parking areas, We allow the use and possession of lead We prohibit target practicing or shooting maintained roads, and trails. shot while turkey hunting on the refuge. to unload modern firearms on the refuge * * * * * We allow use of nonmotorized bicycles at any time. Shotgun hunters must B. Upland Game Hunting. *** on designated all-terrain vehicle trails. possess only an approved nontoxic shot * * * * * Although you may hunt turkeys without when hunting migratory birds. Hunters 2. We allow squirrel and rabbit displaying a solid hunter-orange cap or must unload and encase all guns hunting with and without dogs. We will vest during your turkey hunt, we do transported in automobiles and boats or allow hunting with dogs from the recommend its use. on all-terrain vehicles (see § 27.42(b) of beginning of the State season and 8. Conditions A7, A8 (deer and this chapter). typically stopping the day before the turkey), A9, A10, A11, A13, A14 (deer * * * * * refuge deer muzzleloader hunt. We do and turkey hunters), and A15 (except 7. We allow nonmotorized boats, not require hunters to wear hunter that each adult may supervise no more electric motors, and boats with motors orange during the squirrel and rabbit than one youth hunter during big game 10 hp or less in refuge lakes, streams, hunt without dogs. Squirrel and rabbit hunts) apply. and bayous. We require that boat hunting with or without dogs will 9. In areas posted ‘‘Area Closed,’’ we passengers wear personal floatation resume the day after the refuge deer prohibit big game hunting at any time. devices when using a boat to access the muzzleloader hunt and will conclude We designate ‘‘Areas Closed’’ on the refuge. Hunters must equip all the last day of the refuge squirrel public use regulations brochure maps, motorized boats with navigation lights season, which typically ends February and they are closed to all hunts. We and use them according to State 15. prohibit shooting into or across any regulations. We prohibit boat storage on * * * * * closed area with a gun or archery the refuge. Hunters must remove boats 5. In areas posted ‘‘Area Closed,’’ we equipment. daily (see § 27.93 of this chapter). prohibit upland game hunting at any 10. We allow shotguns equipped with * * * * * time. a single-piece magazine plug that allows 10. We allow all-terrain vehicle (ATV) 6. We allow .22 caliber rimfire the gun to hold no more than two shells travel on designated trails for access weapons and shotguns equipped with a in the magazine and one in the chamber. typically from September 15 to the last single-piece magazine plug that allows We allow shotgun hunters to use rifled day of the refuge squirrel season. We the gun to hold no more than two shells slugs only when hunting deer. We open designated trails from 4 a.m. to no in the magazine and one in the chamber. prohibit hunters using or possessing

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33183

buckshot while on the refuge. We and bayous. We require that boat whether such payment is for guiding, prohibit target practicing or shooting to passengers wear personal floatation outfitting, lodging, or club membership. unload modern firearms on the refuge at devices when using a boat to access to C. Big Game Hunting. We allow any time. Hunters must unload and refuge. Anglers must equip all hunting of white-tailed deer on encase all guns transported in motorized boats with navigation lights designated areas of the refuge in automobiles and boats or on all-terrain and use them according to State accordance with State regulations vehicles. regulations. We prohibit storage of boats subject to the following conditions: 11. We allow muzzleloader hunters to on the refuge. Anglers must remove * * * * * discharge their muzzleloaders at the end them daily (see § 27.93 of this chapter). 4. The daily bag limit is one antlered of each hunt safely into the ground at 5. We allow all-terrain vehicle (ATV) and one anterless deer. State season least 150 feet (135 m) from any travel on designated trails for access limits apply. designated public road, maintained typically from September 15 to the last * * * * * road, trail, fire breaks, dwellings, or day of the refuge squirrel season. 11. We prohibit possession or above-ground oil and gas production Designated trails are open from 4 a.m. distribution of bait or hunting with the facilities. We define a maintained road to no later than 2 hours after legal aid of bait, including any grain, salt, or trail as one which has been mowed, sunset unless otherwise specified. The minerals, or other feed or nonnaturally disked, or plowed and one which is free only exception is the Mower Woods all- occurring attractant, on the refuge (see of trees. terrain trail, which is open year-round § 32.2(h)). 12. Hunters must remove all stands, with the same time restrictions as the * * * * * blind materials, and decoys from the seasonal all-terrain trails. We define an refuge following each day’s hunt (see ATV as an off-road vehicle (not legal for I 14. Amend § 32.38 Maine by: I § 27.93 of this chapter). highway use) with factory specifications a. Revising paragraphs A. and B., the 13. We require deer hunters using not to exceed the following: Weight 750 introductory text of paragraph C., and muzzleloaders or modern firearms to pounds (337.5 kg), length 85 inches paragraph C.2. of Lake Umbagog display a solid hunter-orange cap on (212.5 cm), and width of 48 inches (120 National Wildlife Refuge; I their head and a solid hunter-orange cm). We restrict ATV tires to those no b. Revising paragraphs A.1., A.2., A.5., vest over their outermost garment larger than 25 × 12 with a 1-inch (2.5- A.6., A.9., and A.10., adding paragraphs covering their chest and back. Hunters cm) lug height and maximum allowable A.11. and A.12., and revising must display the solid hunter-orange tire pressure of 7 psi. We require an paragraphs B., C.1., C.2., C.4., ,C.5., items the entire time while in the field. affixed refuge ATV permit that anglers C.12., C.14.ii., C.14.iii., and C.14.iv. of 14. We require muzzleloader hunters may obtain from the refuge headquarters Moosehorn National Wildlife Refuge; I using ground blinds in reforested areas typically in July. Anglers using the c. Revising paragraphs A.6. and A.7., to display hunter orange outside of the refuge physically challenged all-terrain removing paragraph A.8., and revising blind, which is visible from all sides of trails must possess the State’s Physically paragraphs B.1., B.4., and C. of Rachel the blind. Challenged Program Hunter Permit. Carson National Wildlife Refuge; and I 15. We require all deer and turkey Additional physically challenged access d. Revising paragraphs B. and C. of hunters to report their game information will be available at the Sunkhaze Meadows National Wildlife immediately after each hunt at the refuge headquarters. Refuge to read as follows: check station nearest to the point of 6. While visiting the refuge, we § 32.38 Maine. take. prohibit: Spotlighting; littering; fires; * * * * * 16. We prohibit baiting or the possession of alcoholic beverages; possession of bait while on the refuge at flagging, engineer’s tape, or paint; and Lake Umbagog National Wildlife any time. We prohibit possession of parking/blocking trail and gate Refuge chemical baits or attractants used as bait entrances (see §§ 27.31(h), 27.94, (see § 32.2(h)). A. Migratory Game Bird Hunting. We 27.95(a) of this chapter, and 32.2(j)). allow hunting of goose, snipe, duck, 17. We prohibit use of climbing spikes 7. We prohibit fish cleaning with 150 or hunting from trees that contain coot, and woodcock in accordance with feet (45 m) of parking areas, maintained State regulations, seasons, and bag screw-in steps, nails, screw-in roads, and trails. umbrellas, or any metal objects that limits subject to the following could damage trees (see § 32.2(i)). Upper Ouachita National Wildlife conditions: 18. We require a Tensas River Refuge 1. Hunters must wear two articles of National Wildlife Refuge Access Permit hunter-orange clothing or material. One A. Migratory Game Bird Hunting. article must be a solid-colored-hunter- for all big game hunts. Hunters may find *** the permits on the front of the public orange hat; the other must cover a major * * * * * use regulations brochure. portion of the torso, such as a jacket, D. Sport Fishing. We allow fishing on 8. We prohibit hunting within 100 vest, coat, or poncho, and must be a designated areas of the refuge subject to feet (90 m) of the maintained rights of minimum of 50 percent hunter orange the following conditions: way of roads; from or across ATV trails in color (e.g., orange camouflage), 1. We allow anglers to enter the refuge (see § 27.31 of this chapter); and from except when hunting waterfowl from a no earlier than 4 a.m., and they must aboveground oil, gas, or electrical boat or blind or with waterfowl decoys. depart no later than 2 hours after legal transmission facilities. 2. We will provide permanent refuge sunset. * * * * * blinds at various locations on the refuge 2. On areas open to fishing, State creel 12. We prohibit any person or group that are available for public use by limits and regulations apply. from acting as a hunting guide, outfitter, reservation. Hunters may make 3. We prohibit the taking of turtle (see or in any other capacity in which any reservations for particular blinds up to § 27.21 of this chapter). other individual(s) pay or promise to 1 year in advance, for a maximum of 7 4. We allow nonmotorized boats, pay directly or indirectly for service days, running Monday through Sunday electric motors, and boats with motors rendered to any other person or persons during the hunting season. Hunters may 10 hp or less in refuge lakes, streams, hunting on the refuge, regardless of make reservations for additional weeks

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33184 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

up to 7 days in advance, on a space- iii. You must pick up all dogs the 9. You may possess only approved available basis. We allow no other same day you release them (see nontoxic shot while in the field (see permanent blinds. Hunters must remove § 26.21(b) of this chapter). § 32.2(k)). temporary blinds, boats, and decoys C. Big Game Hunting. We allow 10. You must remove portable or from the refuge following each day’s hunting of bear, white-tailed deer, temporary blinds and decoys from the hunt (see § 27.93 of this chapter). coyote, and moose in accordance with refuge following each day’s hunt (see 3. You may use trained dogs to assist State regulations, seasons, and bag §§ 27.93 and 27.94 of this chapter). in hunting and retrieval of harvested limits subject to the following 11. We prohibit use of motorized or birds. Hunting with locating, pointing, conditions: mechanized vehicles and equipment in and retrieving dogs on the refuge will be * * * * * designated Wilderness Areas. This subject to the following conditions: 2. We allow bear and coyote hunting includes all vehicles and items such as i. We prohibit dog training. winches, pulleys, and wheeled game ii. We allow a maximum of two dogs with dogs during State hunting seasons. carriers. You must remove animals per hunter. Hunting with trailing (locating) dogs on iii. Hunters must pick up all dogs the the refuge is subject to the following harvested within the Wilderness Areas same day they release them. conditions: by hand without the aid of mechanical 4. We open the refuge to hunting i. Hunters must equip all dogs used to equipment of any type. during the hours stipulated under the hunt bear or coyote with working radio- 12. During the firearms deer and State’s hunting regulations but no longer telemetry collars and hunters must be in moose seasons, you must wear in a than from 1⁄2 hour before legal sunrise possession of a working radio-telemetry conspicuous manner on head, chest, to 1⁄2 hour after legal sunset. receiver that can detect and track the and back a minimum of 400 square 5. We prohibit night hunting. Hunters frequencies of all collars used. inches (2,600 cm2) of solid-colored- will unload all firearms outside of legal ii. We prohibit training during or hunter-orange clothing or material. hunting hours. outside of dog season for bear or coyote. However, waterfowl hunters are not 6. We prohibit the use of all-terrain iii. We allow a maximum of four dogs required to wear hunter-orange clothing vehicles (ATVs or OHRVs) on refuge per hunter. or material while hunting from a boat, land. iv. You must pick up all dogs the blind, or in conjunction with waterfowl B. Upland Game Hunting. We allow same day you release them (see decoys. hunting of wild turkey, coyote (see big § 26.21(b) of this chapter). B. Upland Game Hunting. We allow game) fox, raccoon, woodchuck, * * * * * hunting of ruffed grouse, snowshoe squirrel, porcupine, skunk, snowshoe hare, red fox, gray and red squirrel, hare, ring-necked pheasant, and ruffed Moosehorn National Wildlife Refuge raccoon, skunk, and woodchuck on grouse in accordance with State A. Migratory Game Bird Hunting. designated areas of the Edmunds regulations, seasons, and bag limits, *** Division and that part of the Baring subject to the following conditions: 1. We require every hunter to possess Division that lies west of State Route 1. We prohibit night hunting. 191 in accordance with State 2. You may possess only approved and carry a personally signed refuge hunting permit. Permits and regulations regulations, seasons, and bag limits, nontoxic shot when hunting with a subject to the following conditions: shotgun (see § 32.2(k)). are available from the refuge in person 3. We open the refuge to hunting during normal business hours (8 a.m. to 1. Conditions A1, A2, A9, A11, and during the hours stipulated under State 4:30 p.m. Monday through Friday; A12 apply. hunting regulations, but no longer than closed on holidays) or by contacting the 2. We allow hunters to enter the 1 1 refuge 2 hours before legal shooting from ⁄2 hour before legal sunrise to ⁄2 Project Leader at (207) 454–7161 or by hour after legal sunset. Hunters must mail (Moosehorn National Wildlife hours, and they must exit the refuge by unload all firearms, and nock no arrows Refuge, 103 Headquarters Road, Baring, 1 hour past legal shooting hours, except outside of legal hunting hours. Maine 04694). for hunters pursuing raccoons at night. 4. We prohibit the use of all-terrain 2. You must annually complete a 3. We prohibit hunting of upland vehicles (ATVs or OHRVs) on refuge Hunter Information Card and submit it game species listed in the introductory land. by mail or in person at the refuge text of this paragraph B. on refuge lands 5. Each hunter must wear two articles headquarters no later than 2 weeks after between April 1 and September 30. of hunter-orange clothing or material. the close of the hunting season in 4. You must register with the refuge One article must be a solid-colored March. If you do not comply with this office prior to hunting raccoon or red hunter-orange hat; the other must cover requirement, we may suspend your fox with trailing dogs. a major portion of the torso, such as a future hunting privileges on Moosehorn C. Big Game Hunting. *** jacket, vest, coat, or poncho and must be National Wildlife Refuge. 1. Conditions A1, A2, A11, and A12 a minimum of 50 percent hunter orange * * * * * apply. in color (e.g., orange camouflage) except 5. You may hunt waterfowl (duck and 2. We allow hunters to enter the when hunting wild turkey. There is no goose) in that part of the Edmunds refuge 2 hours before legal shooting hunter-orange requirement for wild Division that lies north of Hobart Stream hours, and they must exit the refuge by turkey hunters. and west of U.S. Route 1, and in those 1 hour past legal shooting hours, except 6. We allow hunting of snowshoe areas east of U.S. Route 1, and refuge for hunters pursuing eastern coyotes at hare, ring-necked pheasant, and ruffed night. grouse with trained dogs during State lands that lie south of South Trail; and hunting seasons. Hunting with locating, in that portion of the Baring Division * * * * * pointing, and retrieving dogs on the that lies west of State Route 191. 4. We allow eastern coyote hunting refuge will be subject to the following 6. We prohibit hunting waterfowl in from October 1 to March 31. conditions: the Nat Smith Field and Marsh or Bills 5. If you harvest a bear, deer, moose, i. We prohibit dog training. Hill Field or Ponds on the Edmunds or coyote on the refuge, you must notify ii. We allow a maximum of two dogs Division. the refuge office in person or by phone per hunter. * * * * * within 24 hours and make the animal

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33185

available for inspection by refuge Charlotte Town Line, east along the 2. We allow eastern coyote hunting personnel. Town Line to a point where it intersects from October 1 to March 31. * * * * * the railroad grade where it turns in a 3. We allow hunters to enter the 12. We prohibit use of firearms to northerly direction, and follows the refuge 1⁄2 hour before legal shooting hunt bear and coyote during the archery railroad grade to Cranberry Brook, hours, and they must exit the refuge by deer season on that part of the Baring following Cranberry Brook in a westerly 1⁄2 hour after legal shooting hours, Division that lies east of Route 191. We direction to the point of origin. except for hunters pursuing eastern prohibit the use of firearms, other than * * * * * coyotes at night. a muzzleloader, to hunt bear and coyote C. Big Game Hunting. We allow Rachel Carson National Wildlife Refuge during the deer muzzleloader season on hunting of black bear, bobcat, moose, that part of the Baring Division that lies A. Migratory Game Bird Hunting. and white-tailed deer on designated east of Route 191. *** areas of the refuge in accordance with State regulations subject to the * * * * * * * * * * 14. * * * 6. We open the refuge to hunting following conditions: 1. During firearms big game seasons, ii. The North Magurrewock Area: The during the hours stipulated by State you must wear in a conspicuous manner boundary of this area begins where the regulations. We close the refuge to night on head, chest, and back a minimum of northern exterior boundary of the refuge hunting. 400 square inches (2,600 cm2) of solid- and Route 1 intersect; it follows the 7. We close the Moody, Little River, colored-hunter-orange clothing or boundary line in a westerly direction to Biddeford Pool, and Goosefare Brook material. the railroad grade where it follows the divisions of the refuge to all migratory 2. We allow hunters to enter the main railroad grade and refuge bird hunting. refuge 1⁄2 hour before legal shooting boundary in a southwest direction to the B. Upland Game Hunting. *** hours, and they must exit the refuge by upland edge of the Lower Barn Meadow 1. Conditions A1 and A6 apply. 1⁄2 hour past legal shooting hours. Marsh; then it follows the upland edge * * * * * 3. We allow bear hunting from of the marsh in a southerly direction to 4. We close the Moody, Little River, October 1 to the end of the State U.S. Route 1 where it follows Route 1 and Biddeford Pool divisions of the prescribed season. We prohibit use of to the point of origin. refuge to all upland game hunting. bait during the hunting of bears. iii. The posted safety zone around the C. Big Game Hunting. We allow Refuge Headquarters Complex: The hunting of white-tailed deer on * * * * * boundary of this area starts where the designated areas of the Brave Boat I 15. Amend § 32.42 Minnesota by: southerly edge of the Horse Pasture Harbor, Lower Wells, Upper Wells, I a. Revising paragraph C. of Agassiz Field intersects with the Charlotte Road. Mousam River, Goose Rocks, Little National Wildlife Refuge; I The boundary follows the southern edge River, Goosefare Brook, and Spurwink b. Revising Big Stone National of the Horse Pasture Field, across the River divisions of the refuge in Wildlife Refuge; I abandoned Maine Central Railroad accordance with State regulations c. Revising paragraphs A.2. and A.6. grade, where it intersects with the North subject to the following conditions: of Minnesota Valley National Wildlife Fireline Road. It follows the North 1. Conditions A1, A4, and A6 apply. Refuge; and I Fireline Road to a point near the 2. We allow hunting of deer with d. Revising Northern Tallgrass Prairie northwest corner of the Lane shotgun and archery only. We prohibit National Wildlife Refuge to read as Construction Tract. The line then rifles and muzzleloading firearms. follows: proceeds along a cleared and marked 3. We allow portable tree stands and § 32.42 Minnesota. trail in a northwesterly direction to the ladders only (see § 32.2(i) of this * * * * * Barn Meadow Road. It proceeds south chapter). along the Barn Meadow Road to the 4. We close the Moody and Biddeford Agassiz National Wildlife Refuge intersection with the South Fireline Pool divisions of the refuge to white- * * * * * Road, where it follows the South tailed deer hunting. C. Big Game Hunting. We allow Fireline Road to the Headquarters Road. 5. We allow archery on only those hunting of white-tailed deer and moose It follows the Headquarters Road in a areas of the Little River division open to on designated areas of the refuge in southerly direction to the Two Mile hunting. accordance with State regulations Meadow Road. It follows the westerly 6. We allow hunting of fox and coyote subject to the following conditions: side of the Two Mile Meadow Road to with archery or shotgun only during 1. We are currently closed to moose the intersection with the Mile Bridge daylight hours of the State firearm deer hunting until the population recovers. Road. It then follows Mile Bridge Road season. 2. We will allow a youth hunt only to the intersection with the Lunn Road, 7. You must report any deer harvested (age 16 and under). Youth hunters age then along the Lunn Road leaving the to the refuge office within 48 hours. 14 and under must be accompanied by road in an easterly direction at the site * * * * * an adult age 18 or older. of the old crossing, across the 3. We allow scouting the day before Sunkhaze Meadows National Wildlife abandoned Maine Central Railroad the youth deer hunt and the deer Refuge grade to the Charlotte Road (directly firearms hunt. across from the Moosehorn Ridge Road * * * * * 4. We open archery hunting at the gate). The line follows the Charlotte B. Upland Game Hunting. We allow start of the State’s deer firearms season Road in a northerly direction to the hunting of upland game on designated and close according to the State’s point of origin. areas of the refuge in accordance with archery deer season. iv. The Southern Gravel Pit: The State regulations subject to the 5. We allow muzzleloader deer boundary of this area starts at a point following conditions: hunting following the State’s where Cranberry Brook crosses the 1. Shotgun hunters may possess only muzzleloader season. Charlotte Road and proceeds south approved nontoxic shot while in the 6. Hunters may use portable stands. along the Charlotte Road to the Baring/ field (see § 32.2(k)). We prohibit construction or use of

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33186 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

permanent blinds, permanent platforms, hunters bringing plants or their parts 5. Hunters must remove boats, decoys, or permanent ladders. onto the refuge. portable or temporary blinds, materials 7. You must remove all stands and 2. We prohibit the construction or use brought onto the refuge, and other personal property from the refuge by of permanent blinds, stands, or scaffolds personal property at the end of each legal sunset of each day (see §§ 27.93 (see § 27.92 of this chapter). day’s hunt (see §§ 27.93 and 27.94 of and 27.94 of this chapter). 3. You must remove all stands, this chapter). 8. We prohibit hunters from temporary blinds, platforms, ladders, 6. We allow the use of hunting dogs, occupying illegally set up or materials brought onto the refuge, and provided the dog is under the constructed ground and tree stands (see other personal property from the refuge immediate control of the hunter at all condition C7). at the end of each day’s hunt (see times during the State-approved hunting 9. We allow the use of wheeled, §§ 27.93 and 27.94 of this chapter). season (see § 26.21(b) of this chapter). nonmotorized conveyance devices (e.g., 4. Turkey hunters may possess only 7. We prohibit the use of motorized bikes, retrieval carts) except in approved nontoxic shot while in the watercraft. Wilderness Areas. field. 8. We prohibit camping. 10. We prohibit vehicles and hunters 5. Conditions B5 and B6 apply. B. Upland Game Hunting. We allow from entering the refuge during the D. Sport Fishing. We allow sport hunting of ring-necked pheasant, youth deer hunt until after 6 a.m. fishing on designated areas of the refuge Hungarian partridge, rabbit (cottontail 11. We prohibit the use of motorized in accordance with State regulations and jack), squirrel (fox and gray), boats. subject to the following conditions: raccoon, opossum, fox (red and gray), 12. We prohibit the use of 1. Conditions B5 and B6 apply. badger, coyote, striped skunk, and snowmobiles and ATVs. 2. You must remove all ice fishing crows on designated areas in accordance 13. We prohibit camping. structures, devices, and personal with State regulations subject to the * * * * * property from the refuge following each following conditions: day’s fishing activity (see §§ 27.93 and 1. Shotgun hunters may possess only Big Stone National Wildlife Refuge 27.94 of this chapter). approved nontoxic shot while in the A. Migratory Game Bird Hunting. We 3. We allow only bank fishing on all field (see § 32.3(k)). prohibit the hunting of migratory game refuge pools and open marshes. 2. We allow the use of dogs for upland birds. We allow the unarmed retrieval of * * * * * game bird hunting only, provided that waterfowl, legally taken outside the Minnesota Valley National Wildlife the dogs remain under the immediate refuge, up to 100 yards (90 m) inside the Refuge control of the hunter at all times, during refuge boundary. the State-approved hunting season (see B. Upland Game Hunting. We allow A. Migratory Game Bird Hunting. § 26.21(b) of this chapter). hunting of ring-necked pheasant, *** 3. We prohibit the use of dogs for Hungarian partridge, rabbit (cottontail * * * * * hunting furbearers. and jack), squirrel (fox and gray), 2. We prohibit the use of motorized 4. We close the refuge to all hunting raccoon, fox (red and gray), and striped boats. We allow nonmotorized boats in from March 1 through August 31. skunk on designated areas of the refuge areas open to waterfowl hunting during 5. We allow hunting for coyote, in accordance with State regulations the waterfowl hunting seasons. striped skunk, raccoon, and fox from 1⁄2 subject to the following conditions: * * * * * hour before legal sunrise to legal sunset. 1. Shotgun hunters may possess only 6. We prohibit entry to hunting areas 6. Conditions A7 and A8 apply. approved nontoxic shot while in the earlier than 2 hours before legal C. Big Game Hunting. We allow field (see § 32.2(k)). shooting hours, and all hunters must hunting of deer and turkey on 2. We allow the use of hunting dogs exit within 2 hours after the close of the designated areas of the refuge in for upland game bird hunting only, legal shooting hours. accordance with State regulations provided the dog is under the * * * * * subject to the following conditions: immediate control of the hunter at all 1. We allow the use of temporary times during the State-approved hunting Northern Tallgrass Prairie National stands, blinds, platforms, or ladders (see season (see § 26.21(b) of this chapter). Wildlife Refuge § 27.92 of this chapter). Hunters may 3. We prohibit the use of dogs for A. Migratory Game Bird Hunting. We construct blinds using manmade hunting furbearers. allow hunting of duck, goose, coot, rail materials only. We prohibit hunters 4. You may only hunt fox, raccoon, (Virginia and sora only), woodcock, from bringing plants or their parts onto and striped skunk from 1/2 hour before common snipe, and mourning dove in the refuge. legal sunrise until legal sunset from accordance with State regulations 2. Conditions A3, A5, A7, and A8 September 1 through the last day of subject to the following conditions: apply. February. 1. Hunters may possess only approved 3. Turkey hunters may possess only 5. We allow nonmotorized boats and nontoxic shot while in the field (see approved nontoxic shot while in the boats using electric motors only in the § 32.2(k)). field. Minnesota River channel. We prohibit 2. Hunters may construct temporary D. Sport Fishing. [Reserved] boats on all other refuge waters. blinds using manmade materials only * * * * * 6. We prohibit camping. (see § 27.92 of this chapter). We prohibit I 16. Amend § 32.43 Mississippi by: C. Big Game Hunting. We allow hunters from bringing plants or their I a. Revising paragraphs A.15., C.4., and hunting of deer and turkey on parts onto the refuge. C.12., and adding paragraph D.8. of designated areas in accordance with 3. We prohibit the construction or use Hillside National Wildlife Refuge; State regulations subject to the of permanent blinds, stands, scaffolds, I b. Adding Holt Collier National following conditions: and ladders. Wildlife Refuge; 1. We allow the use of temporary 4. We prohibit hunters from leaving I c. Adding paragraph A.18., revising stands, blinds, platforms, or ladders. boats, decoys, or other personal paragraphs B.1., C.4., C.8., and adding Hunters may construct blinds using property unattended at any time (see paragraph D.4. of Mathews Brake manmade materials only. We prohibit §§ 27.93 and 27.94 of this chapter). National Wildlife Refuge;

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33187

I d. Revising paragraph A.15., B.1., B.6., hunter must remain within sight and Mathews Brake National Wildlife C.14., C.18., and adding paragraph D.9. normal voice contact of an adult age 21 Refuge of Morgan Brake National Wildlife or older. Each hunter age 16 and older A. Migratory Game Bird Hunting. Refuge; must possess and carry a valid signed *** I e. Revising paragraphs A., B., and C. refuge Public Use Permit certifying that of Noxubee National Wildlife Refuge; he or she understands and will comply * * * * * I f. Revising paragraphs A.17., B.1., with all regulations. One adult may 18. Beginning the day before duck C.21., D.1., and D.6. of Panther Swamp supervise no more than one youth season opens and ending the last day of National Wildlife Refuge; and hunter. duck season, we will close refuge waters I g. Revising paragraphs B.4. and C.13. 6. Each day before hunting, all to all public use from 1 p.m. until 12 of Yazoo National Wildlife Refuge to hunters must obtain a daily User a.m. (midnight). read as follows: Information Card (pink) available at the B. Upland Game Hunting. *** hunter information stations (see refuge 1. Conditions A4 and A18 apply. § 32.43 Mississippi. brochure map) and follow the printed * * * * * * * * * * instructions on the card. You must C. Big Game Hunting. *** Hillside National Wildlife Refuge display this card in plain view on the * * * * * dashboard of your vehicle while 4. Conditions A7 through A9, A18, A. Migratory Game Bird Hunting. hunting or fishing so that the personal and B5 apply. *** information is readable. Prior to leaving * * * * * * * * * * the refuge, you must complete the 8. You must dismantle blinds and 15. We allow ATVs only on reverse side of the card and deposit it tripods, and you must remove stands designated trails (see § 27.31 of this at one of the refuge information stations. from the tree each day (see §§ 27.93 and chapter) (see refuge brochure map). We 7. Failure to display the User 27.94 of this chapter). restrict ATV tires to a maximum of 1 Information Card will result in the loss D. Sport Fishing. *** inch (2.5 cm) for both tread depth and of the hunter’s refuge annual Public Use lug height. * * * * * Permit. 4. Condition A18 applies. * * * * * 8. We prohibit the possession of C. Big Game Hunting. *** alcoholic beverages (see § 32.2(j)). Morgan Brake National Wildlife Refuge * * * * * 9. We prohibit the possession of A. Migratory Game Bird Hunting. 4. Conditions A5 through A7, A15, plastic flagging tape. *** and B6 apply. 10. We prohibit handguns. 11. You must unload and case guns * * * * * * * * * * (see § 27.42(b) of this chapter) 15. We only allow ATVs on 12. You must dismantle blinds and transported in/on vehicles and boats designated trails (see § 27.31 of this tripods, and you must remove stands under power. chapter) (see refuge brochure map). We from the tree each day (see §§ 27.93 and 12. You must park vehicles in such a restrict ATV tires to a maximum of 1 27.94 of this chapter). manner as to not obstruct roads, gates, inch (2.5 cm) for both tread depth and * * * * * turnrows, or firelanes (see § 27.31(h) of lug height. D. Sport Fishing. *** this chapter). * * * * * * * * * * 13. Valid permit holders may take the B. Upland Game Hunting. *** 8. Condition A15 applies. following furbearers in season 1. Conditions A1 and A5 (and we Holt Collier National Wildlife Refuge incidental to other refuge hunts with allow only one adult per youth hunter), legal firearms used for that hunt: and A6 through A15 apply. A. Migratory Game Bird Hunting. raccoon, opossum, coyote, beaver, * * * * * [Reserved] bobcat, and nutria. 6. We prohibit horses and mules. B. Upland Game Hunting. We allow 14. We prohibit horses and mules. C. Big Game Hunting. *** hunting of rabbit and furbearers on C. Big Game Hunting. We allow * * * * * designated areas of the refuge in hunting of white-tailed deer on accordance with State regulations 14. You must dismantle blinds and designated areas of the refuge in tripods, and you must remove stands subject to the following conditions: accordance with State regulations 1. We are open for hunting during the from the tree each day (see §§ 27.93 and subject to the following conditions: 27.94 of this chapter). State season. 1. Conditions B5 through B12 and B14 2. We allow shotguns only with apply. * * * * * approved nontoxic shot (see § 32.2(k)) 2. Hunts and hunt dates are available 18. Conditions A5 through A7, A15, and .22 caliber rimfire rifles for taking at the refuge headquarters in July, and and B6 apply. small game (we prohibit .22 caliber we post them in the refuge brochure. D. Sport Fishing. *** magnums). 3. We allow archery hunting October * * * * * 3. We allow dogs only for rabbit 1 through January 31. 9. Condition A15 applies. hunting February 1 through 28. 4. We prohibit organized drives for Noxubee National Wildlife Refuge 4. During the rabbit-with-dog and deer. quail hunts, any person hunting or 5. We allow crossbows only in A. Migratory Game Bird Hunting. We accompanying another person hunting accordance with State law. allow hunting of goose, duck, must wear at least 500 square inches 6. We prohibit attaching stands to any woodcock, and coot on designated areas (3,250 cm2) of unbroken fluorescent power or utility pole. of the refuge in accordance with State orange material visible above the 7. You must dismantle blinds and regulations subject to the following waistline as an outer garment. tripods, and you must remove stands conditions: 5. Youth hunters age 15 and under from the tree each day (see §§ 27.93 and 1. We require permits for waterfowl must possess and carry a hunter safety 27.94 of this chapter). hunting, and only two companions may course card or certificate. Each youth D. Sport Fishing. [Reserved] accompany each permit holder.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33188 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

2. There is no early teal season. 8. We prohibit horses and mules. C. Big Game Hunting. *** 3. We allow waterfowl hunting from 9. We prohibit hunting or entry into * * * * * 1⁄2 hour before legal sunrise until 12 areas designated as being ‘‘closed’’ (see 21. You must dismantle blinds and p.m. (noon) on Saturdays and refuge brochure map). tripods, and you must remove stands Wednesdays. 10. We require hunters to obtain a from the tree each day (see §§ 27.93 and 4. Hunters must remove all decoys, refuge hunt permit brochure. This 27.94 of this chapter). blind material, and harvested waterfowl permit must be signed by them and in * * * * * from the area no later than 12 p.m. their possession at all times while (noon) each day (see §§ 27.93 and 27.94 D. Sport Fishing. *** hunting on the refuge. 1. We close all refuge waters during of this chapter). 11. Valid permit holders may take the 5. Youth hunters age 15 and under limited deer gun and muzzleloader following animals in season incidental hunts. must possess and carry a hunter safety to other upland game hunts with legal course card or certificate. Each youth firearms used for that hunt: Coyote, * * * * * 6. We allow ATVs for fishing access hunter must remain within sight and beaver, nutria, and feral hog. normal voice contact of an adult age 21 C. Big Game Hunting. We allow on designated gravel roads when we or older. hunting of white-tailed deer, feral hog, close such roads to vehicular traffic. We 6. Each day all waterfowl hunters and turkey on designated areas of the restrict ATV tires to a maximum of 1 must check in and out at the refuge’s refuge in accordance with State inch (2.5 cm) of both tread depth or lug duck check station. regulations subject to the following height. 7. We prohibit possession of alcoholic conditions: * * * * * beverages (see § 32.2(j)). 1. Conditions A5, A7, A8, A10, B8, 8. We prohibit handguns. Yazoo National Wildlife Refuge 9. Waterfowl hunters may possess and B9 apply. 2. Hunts and hunt dates are available * * * * * only approved nontoxic shot while in B. Upland Game Hunting. *** the field (see § 32.2(k)). at refuge headquarters in July, and we 10. We prohibit leaving boats identify them in the refuge brochure. * * * * * 4. We prohibit horses and mules. overnight on the refuge (see § 29.93 of 3. We require a fee permit for all this chapter). refuge deer hunts. Hunters must sign * * * * * 11. During the deer firearm hunts, any this permit and have it in their C. Big Game Hunting. *** person hunting woodcock or possession at all times while hunting. * * * * * accompanying another person hunting 4. We prohibit organized drives for 13. Stands adjacent to fields and tree must wear at least 500 square inches deer. plantations must be a minimum of 10 (3,250 cm2) of unbroken fluorescent- 5. You may place portable stands on feet (3 m) above the ground. We prohibit orange material visible above the the refuge from September 1 through attaching stands to any power or utility waistline as an outer garment. January 15 and must remove them by pole. You must dismantle blinds and B. Upland Game Hunting. We allow January 15. tripods, and you must remove stands hunting of squirrel, rabbit, quail, 6. Valid deer permit holders may also from the tree each day (see §§ 27.93 and opossum, raccoon, coyote, beaver, and take feral hogs and coyotes while deer 27.94 of this chapter). hunting. nutria on designated areas of the refuge * * * * * 7. We do not require turkey hunters in accordance with State regulations I to use nontoxic shot in greentree 17. Amend § 32.44 Missouri by: subject to the following conditions: I 1. We prohibit upland game hunting reservoirs 1, 2, and 4. a. Revising paragraphs C.4., C.5., C.6., within the designated areas for 8. We prohibit big game hunting in C.7., and adding paragraphs C.8. and waterfowl hunting when this hunt is the area designated for waterfowl D.3. of Clarence Cannon National taking place. hunting when this hunt is taking place. Wildlife Refuge; I b. Revising Great River National 2. We only allow shotguns with * * * * * approved nontoxic shot for hunting Wildlife Refuge; and I upland game in greentree reservoirs 1, 2, Panther Swamp National Wildlife c. Revising paragraph A.1., adding and 4. Refuge paragraphs A.4., and A.5., revising paragraphs B.1., B.7. and B.8., removing 3. We only allow shotguns with a shot A. Migratory Game Bird Hunting. paragraph B.9., revising paragraphs C.1., size no larger than No. 2 and rifles no *** larger than a standard .22 caliber for C.2., C.4. through C.9., D.4., and D.6. of * * * * * Mingo National Wildlife Refuge to read taking upland game (we prohibit .22 17. We allow ATVs, beginning the caliber magnums). as follows: third Saturday in September through 4. We allow dogs for rabbit and February 28, only on designated trails § 32.44 Missouri. squirrel hunting only beginning on the first day after the last refuge deer hunt. (see § 27.31 of this chapter) (see refuge * * * * * 5. We allow the use of dogs for brochure map). We restrict ATV tires to a maximum of 1 inch (2.5 cm) for both Clarence Cannon National Wildlife raccoon and opossum hunting between Refuge the hours of legal sunset and legal tread depth and lug height. sunrise. B. Upland Game Hunting. *** * * * * * 6. During the deer firearm hunts, any 1. We allow hunting during the open C. Big Game Hunting. *** person hunting upland game or State season except we close during * * * * * accompanying another person hunting only limited refuge gun and 4. We prohibit the construction or use must wear at least 500 square inches muzzleloader deer hunts. You may of permanent blinds, stands, platforms, (3,200 cm2) of unbroken fluorescent- obtain information on the hunts and or scaffolds (see § 27.92 of this chapter). orange material visible above the hunt dates both at the refuge 5. Hunters must remove all boats, waistline as an outer garment. headquarters in July and in the refuge blinds, blind materials, stands, 7. Conditions A5, A7, A8, and A10 brochure. platforms, scaffolds, and other hunting apply. * * * * * equipment (see §§ 27.93 and 27.94 of

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33189

this chapter) from the refuge at the end v. Hunters must park all vehicles only 6. We allow spring turkey hunting. of each day’s hunt. in designated parking areas (see § 27.31 We allow only shotguns with approved 6. We close the area south of Bryants of this chapter). nontoxic shot (see § 32.2(k)). Creek to deer hunting. 5. We allow turkey hunting only on 7. We prohibit the use of salt or 7. We require hunters to check in all the Fox Island Division during the State mineral blocks. harvested deer with refuge personnel spring seasons, including youth season. 8. We allow portable tree stands only prior to leaving the refuge. We do not open to fall turkey hunting. from 2 weeks before to 2 weeks after the 8. You must park all vehicles in D. Sport Fishing. We allow fishing on State archery deer season. You must designated parking areas (see § 27.31 of the Long Island and Fox Island clearly mark all stands with the owner’s this chapter). Divisions of the refuge in accordance name, address, and phone number. D. Sport Fishing. *** with State regulations subject to the 9. We allow only one tree stand per * * * * * following conditions: deer hunter. 1. We prohibit the taking of turtle and 3. Anglers must remove all boats and D. Sport Fishing. *** frog (see § 27.21 of this chapter). * * * * * fishing equipment at the end of each 2. On the Fox Island Division, we 4. Anglers must remove watercraft day’s fishing activity (see § 27.92 of this allow bank fishing only along any (see § 27.93 of this chapter) from the chapter). portion of the Fox River from January 1 refuge at the end of each day’s fishing through October 15. Great River National Wildlife Refuge activity. * * * * * A. Migratory Game Bird Hunting. We * * * * * allow hunting of waterfowl and coot on Mingo National Wildlife Refuge 6. Anglers must attend trammel and the Long Island Division of the refuge in A. Migratory Game Bird Hunting. gill nets at all times and plainly label accordance with State regulations *** them with the owner’s name, address, subject to the following condition: We 1. We allow the use of hunting dogs, and phone number. allow hunting blinds constructed only provided the dogs are under the * * * * * on sites posted by the Illinois immediate control of the hunter at all I 18. Amend § 32.45 Montana by: Department of Natural Resources. times (see § 26.21(b) of this chapter). I a. Adding Benton Lake Wetland B. Upland Game Hunting. We allow * * * * * Management District in alphabetical hunting of upland game species on Long 4. You must remove boats, decoys, order; Island and Fox Island Divisions of the blinds, and blind materials brought onto I b. Adding paragraph A.3., and refuge in accordance with State the refuge at the end of each day’s hunt revising paragraphs B.3. and C. of Black regulations subject to the following (see §§ 27.93 and 27.94 of this chapter). Coulee National Wildlife Refuge; conditions: 5. We prohibit the construction or use I c. Adding Bowdoin Wetland 1. We open Long Island and Fox of permanent blinds, stands, or scaffolds Management District in alphabetical Island Divisions for upland game (see § 27.92 of this chapter). 1 order; hunting only from ⁄2 hour before legal B. Upland Game Hunting. *** I 1 d. Adding Charles M. Russell Wetland sunrise until ⁄2 hour after legal sunset. 1. The Public Hunting Area and the Management District in alphabetical 2. We close Fox Island Division to all road leading to the Public Hunting Area order; upland game hunting from October 16 from the Hunter Sign-In Station are I e. Revising paragraphs A., B., and C. through December 31. open 11⁄2 hours before legal sunrise until of Creedman Coulee National Wildlife C. Big Game Hunting. We allow 11⁄2 hours after legal sunset. Refuge; hunting of white-tailed deer and turkey * * * * * I f. Adding paragraph A.3. and revising on designated portions of the refuge in 7. We require that all squirrel hunters paragraphs B. and C. of Hewitt Lake accordance with State regulations wear a hat and also a shirt, vest, or coat National Wildlife Refuge; subject to the following conditions: of hunter orange so that the color is I g. Revising paragraphs A., B., and C. 1. We prohibit construction or use of plainly visible from all sides during the of Lake Thibadeau National Wildlife permanent blinds, platforms, or ladders overlapping portion of the squirrel and Refuge; (see § 27.92 of this chapter). archery deer and turkey seasons. I h. Revising paragraphs A.1., A.2., 2. Hunters must remove all portable Camouflage orange does not satisfy this adding paragraph A.16., and revising hunting stands, blinds, and equipment requirement. paragraph C.4. of Lee Metcalf National from the refuge at the end of each day’s 8. Condition A3 applies. Wildlife Refuge; hunt (see §§ 27.93 and 27.94 of this C. Big Game Hunting. *** I i. Adding Northeast Montana Wetland chapter). 1. Conditions A3 and B1 apply. Management District in alphabetical 3. On the Fox Island Division, we 2. We require that all hunters register order; and allow deer hunting only during the at the Hunter Sign-In/Sign Out Stations I j. Adding Northwest Montana ‘‘Antlerless-Only’’ portion of the State and record the number of hours hunted Wetland Management District in firearms deer season. and number of deer or turkey harvested. alphabetical order to read as follows: 4. On the Delair Division, we allow * * * * * muzzleloader deer hunting only subject 4. You must remove all boats brought § 32.45 Montana. to the following conditions: onto the refuge at the end of each day * * * * * i. You must possess and carry a refuge (see § 27.93 of this chapter). permit. 5. We require that all archery deer and Benton Lake Wetland Management ii. We require hunters to check in and turkey hunters must wear a hat and also District out of the refuge each day. a shirt, vest, or coat of hunter orange so A. Migratory Game Bird Hunting. We iii. We require hunters to record all that the color is plainly visible from all allow migratory game bird hunting on harvested deer with refuge staff before sides during the overlapping portion of Waterfowl Production Areas (WPA) removing them from the refuge. the squirrel and archery deer and turkey throughout the District, excluding Sands iv. Shooting hours end at 3:00 p.m. seasons. Camouflage orange does not WPA in Hill County and H–2–0 WPA in each day. satisfy this requirement. Powell County, in accordance with State

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33190 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

regulations subject to the following Bowdoin Wetland Management District regulations subject to the following conditions: A. Migratory Game Bird Hunting. We condition: Hunters may possess only 1. We prohibit the use of motorboats. allow migratory game bird hunting on approved nontoxic shot (see § 32.2(k)). 2. You must remove boats, decoys, all Waterfowl Production Areas (WPA) C. Big Game Hunting. We allow big portable blinds, other personal property, (except Holm WPA) throughout the game hunting on all WPAs in and any materials brought onto the area District in accordance with State accordance with State regulations for blind construction at the end of each regulations subject to the following subject to the following conditions: day (see §§ 27.93 and 27.94 of this conditions: 1. All tree stands must be visibly chapter). 1. We prohibit use of motorboats. marked and identified with the hunter’s B. Upland Game Hunting. We allow 2. You must remove boats, decoys, name, address, phone number, and ALS upland game hunting on WPAs portable blinds, other personal property, number. Hunters must remove all tree throughout the District, excluding Sands and any materials brought onto the area stands no later than December 15 of WPA in Hill County and H–2–0 WPA in for blind construction at the end of each each year. Powell County, in accordance with State day (see §§ 27.93 and 27.94 of this 2. We prohibit permanent stands, regulations subject to the following chapter). ladders, steps, screw-in spikes, nails, conditions: B. Upland Game Hunting. We allow screws, and wire (see § 32.2(i)). 1. Hunters may possess only approved upland game hunting on all WPAs D. Sport Fishing. We allow sport nontoxic shot (see § 32.2(k)). (except Holm WPA) throughout the fishing on all WPAs in accordance with 2. We prohibit the use of horses for District in accordance with State State regulations subject to the any purposes. regulations subject to the following following condition: Anglers must C. Big Game Hunting. We allow big condition: Hunters may possess only remove all motor boats and other game hunting on WPAs throughout the approved nontoxic shot (see § 32.2(k)). personal equipment at the end of each District, excluding Sands WPA in Hill C. Big Game Hunting. We allow big day (see §§ 27.93 and 27.94 of this County and H–2–0 WPA in Powell game hunting on all WPAs (except chapter). County, in accordance with State Holm WPA) throughout the District in regulations subject to the following Creedman Coulee National Wildlife accordance with State regulations condition: Condition B2 applies. Refuge subject to the following conditions: D. Sport Fishing. We allow sport 1. We allow portable tree stands, A. Migratory Game Bird Hunting. We fishing on WPAs throughout the District portable blinds, and freestanding allow hunting of duck, goose, coot, in accordance with State regulations elevated platforms to be left on WPAs swan, sandhill crane, and mourning subject to the following conditions: from August 15 to December 15. dove on designated areas of the refuge 1. Condition A1 applies. 2. You must label portable tree stands, in accordance with State regulations 2. You must remove boats, fishing portable blinds, and freestanding subject to the following condition: equipment, and other personal property elevated platforms with your automated 1. Most of the land within the refuge at the end of each day (see §§ 27.93 and licensing system (ALS) number. The boundary is private land (inholding); 27.94 of this chapter). label must be legible from the ground. persons wishing to access the private Black Coulee National Wildlife Refuge 3. You must remove any other land must gain permission from the personal property brought onto the area landowner. A. Migratory Game Bird Hunting. B. Upland Game Hunting. We allow *** at the end of each day (see §§ 27.93 and 27.94 of this chapter). hunting of pheasant, sharp-tailed * * * * * 4. We allow the use of only archery, grouse, sage grouse, gray partridge, fox, 3. A portion of the land within the muzzleloader (as defined by State and coyote on designated areas of the refuge boundary is private land regulations), or shotgun on the McNeil refuge in accordance with State (inholding); persons wishing to hunt the Slough WPA. regulations subject to the following private land must gain permission from D. Sport Fishing. We allow sport condition: Condition A1 applies. the landowner. fishing on WPAs throughout the District C. Big Game Hunting. We allow big B. Upland Game Hunting. *** in accordance with State regulations game hunting on designated areas of the * * * * * subject to the following conditions: refuge in accordance with State 3. Condition A3 applies. 1. We prohibit use of motorboats. regulations subject to the following C. Big Game Hunting. We allow big 2. You must remove boats, fishing condition: Condition A1 applies. game hunting on designated portions of equipment, and other personal property * * * * * the refuge in accordance with State at the end of each day (see §§ 27.93 and Hewitt Lake National Wildlife Refuge regulations subject to the following 27.94 of this chapter). conditions: A. Migratory Game Bird Hunting. 1. We allow hunters to leave portable Charles M. Russell Wetland *** tree stands, portable blinds, and Management District * * * * * freestanding elevated platforms on the A. Migratory Game Bird Hunting. We 3. A portion of the land within the refuge from August 15 to December 15. allow migratory game bird hunting on refuge boundary is private land 2. You must visibly mark portable tree all Waterfowl Production Areas (WPA) (inholding); persons wishing to hunt the stands, portable blinds, and freestanding in accordance with State regulations private land must gain permission from elevated platforms with your automated subject to the following condition: You the landowner. licensing system (ALS) number. must remove all watercraft and personal B. Upland Game Hunting. We allow 3. You must remove any other equipment following each day of hunting of pheasant, sharp-tailed personal property brought onto the area hunting (see §§ 27.93 and 27.94 of this grouse, sage grouse, gray partridge, fox, at the end of each day (see §§ 27.93 and chapter). and coyote on designated portions of the 27.94 of this chapter). B. Upland Game Hunting. We allow refuge in accordance with State 4. Condition A3 applies. only upland game bird hunting on all regulations subject to the following * * * * * WPAs in accordance with State conditions:

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33191

1. You may possess only approved to immediately hunt on the refuge. We at the end of each day (see §§ 27.93 and nontoxic shot (see § 32.2(k)). prohibit wildlife observation, scouting, 27.94 of this chapter). 2. Fox and coyote hunters may use and loitering at the access point. D. Sport Fishing. [Reserved] 2. Hunting Hours: We will close the only centerfire rifles, rim-fire rifles, or Northwest Montana Wetland Waterfowl Hunting Area to waterfowl shotguns with approved nontoxic shot. Management District 3. We prohibit the shooting or taking hunting on Mondays and Thursdays. of prairie dogs. We open the hunting area, defined by A. Migratory Game Bird Hunting. We 4. Condition A3 applies. the refuge boundary fence, 2 hours allow migratory game bird hunting on C. Big Game Hunting. We allow big before and require departure 2 hours Waterfowl Production Areas (WPAs) game hunting on designated portions of after legal waterfowl hunting hours, as throughout the wetland district in the refuge in accordance with State defined by the State. accordance with State regulations regulations subject to the following * * * * * (Flathead County WPAs) or Joint State/ conditions: 16. Hunting Blind #8 has a minimum Tribal regulations (Lake County WPAs) 1. We allow hunters to leave portable requirement of six decoys. subject to the following conditions: 1. We prohibit motorboats except on tree stands, portable blinds, and * * * * * the Flathead and Smith Lake WPAs in freestanding elevated platforms on the C. Big Game Hunting. *** Flathead County. refuge from August 15 to December 15. * * * * * 2. Hunters must operate motorboats at 2. You must visibly mark portable tree 4. Tree Stands and Blinds: We allow no-wake speeds on Flathead and Smith stands, portable blinds, and freestanding each hunter the use of a maximum of Lake WPAs in Flathead County. elevated platforms with your automated two portable tree stands or blinds. 3. Hunters must remove all boats, licensing system (ALS) number. Hunters must register each stand/blind decoys, portable blinds, boat blinds and 3. You must remove any other with the refuge headquarters. We other personal property at the end of personal property brought onto the area prohibit hunters leaving each stand/ each day (see §§ 27.93 and 27.94 of this at the end of each day (see §§ 27.93 and blind unattended for more than 72 chapter). 27.94 of this chapter). hours. 4. Dogs must be on a leash from April 4. Condition A3 applies. * * * * * 1 to August 31. Dogs must be under the * * * * * owner’s immediate control at all other Northeast Montana Wetland times. We prohibit free-roaming pets Lake Thibadeau National Wildlife Management District year-round on any portion of the WPAs. Refuge A. Migratory Game Bird Hunting. We 5. We prohibit overnight camping A. Migratory Game Bird Hunting. We allow migratory game bird hunting on and/or open fires (see § 27.95(a) of this allow hunting of duck, goose, coot, Waterfowl Production Areas throughout chapter). swan, sandhill crane, and mourning the District in accordance with State 6. Hunters must contruct blinds, other dove in designated areas of the refuge in regulations subject to the following than portable blinds, of native materials accordance with State regulations conditions: only. Hunters must label all nonportable subject to the following condition: 1. We prohibit the use of motorboats. blinds with their name, address, and 1. Most of the land within the refuge 2. You must remove boats, decoys, phone number. Construction and boundary is private land (inholding); portable blinds, other personal property, labeling of these blinds does not persons wishing to hunt the private land and any materials brought onto the area constitute exclusive use of the blind. must gain permission from the for blind construction at the end of each Hunters must remove these blinds landowner. day (see §§ 27.93 and 27.94 of this within 7 days of the close of the B. Upland Game Hunting. We allow chapter). migratory game bird hunting season. hunting of pheasant, sharp-tailed B. Upland Game Hunting. We allow B. Upland Game Hunting. We allow grouse, sage grouse, gray partridge, fox, upland game hunting on Waterfowl upland game hunting on all WPAs and coyote on designated areas of the Production Areas throughout the throughout the wetland district in refuge in accordance with State District in accordance with State accordance with State regulations regulations subject to the following regulations subject to the following (Flathead County WPAs) or Joint State/ condition: Condition A1 applies. conditions: Tribal regulations (Lake County WPAs) C. Big Game Hunting. We allow big 1. Hunters may possess only approved subject to the following conditions: game hunting on designated areas of the nontoxic shot (see § 32.2(k)). 1. Hunters may possess only approved 2. We prohibit the use of horses for refuge in accordance with State nontoxic shot (see § 32.2(k)). any purpose. 2. We prohibit the use of horses for regulations subject to the following C. Big Game Hunting. We allow big any purpose. condition: Condition A1 applies. game hunting on Waterfowl Production C. Big Game Hunting. We prohibit big * * * * * Areas throughout the District in game hunting on Lake County WPA per Lee Metcalf National Wildlife Refuge accordance with State regulations Joint State/Tribal regulations. We allow subject to the following conditions: big game hunting on Flathead County A. Migratory Game Bird Hunting. 1. We allow hunters to leave portable WPAs in accordance with State *** tree stands and freestanding elevated regulations subject to the following 1. Hunting Access: We have platforms on Waterfowl Production conditions: numbered the blinds and assigned them Areas from August 25 through February 1. We allow portable tree stands and/ to a single access point designated in 15. or portable ground blinds; however, the refuge hunting leaflet. Hunters must 2. You must label portable tree stands they must be removed daily. We park at this access point and at the and freestanding elevated platforms prohibit construction and/or use of tree numbered parking space corresponding with your name and address such that stands or portable ground blinds from to a blind. Hunters must walk to the it is legible from the ground. dimensional lumber. blind along mowed trails designated in 3. Condition B2 applies. 2. Conditions A5 and B2 apply. the hunting leaflet. We open the access 4. You must remove portable ground 3. We prohibit ATV and/or point at 3:30 a.m. to hunters who intend blinds and any other personal property snowmobile use.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33192 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

D. Sport Fishing. We allow sport and retrieving dogs on the refuge will be Hunting with trailing dogs on the refuge fishing on all WPAs throughout the subject to the following regulations: will be subject to the following wetland district in accordance with i. We prohibit dog training. conditions: State regulations (Flathead County ii. We allow a maximum of two dogs i. Hunters must equip all dogs used to WPAs) or Joint State/Tribal regulations per hunter. hunt bear and coyote with working (Lake County WPAs) subject to the iii. You must pick up all dogs the radio-telemetry collars and hunters following conditions: same day you release them (see must be in possession of a working 1. Anglers must remove all § 26.21(b) of this chapter). radio-telemetry receiver that can detect motorboats, boat trailers, vehicles, * * * * * and track the frequencies of all collars fishing equipment, and other personal B. Upland Game Hunting. We allow used. property from the WPAs at the end of hunting of coyote (see C. Big Game ii. We prohibit dog training. each day (see §§ 27.93 and 27.94 of this Hunting), fox, raccoon, woodchuck, iii. We allow a maximum of four dogs chapter). squirrel, porcupine, skunk, snowshoe per hunter. 2. We prohibit the use of motorboats hare, ring-necked pheasant, and ruffed iv. You must pick up all dogs the except on Flathead and Smith Lake grouse in accordance with State same day you release them (see WPAs in Flathead County. regulations, seasons, and bag limits § 26.21(b) of this chapter). 3. Anglers must operate motorboats at subject to the following conditions: * * * * * no-wake speeds on Flathead and Smith * * * * * 6. We prohibit the use of all-terrain Lake WPAs in Flathead County. 4. We strictly prohibit harassing or 2. You may possess only approved vehicles (ATVs or OHRVs) on refuge hazing of migratory game birds with a nontoxic shot when hunting with a land. motorboat. shotgun (see § 32.2(k)). * * * * * 3. We open the refuge to hunting * * * * * Silvio O. Conte National Wildlife I during the hours stipulated under each 19. Amend § 32.48 New Hampshire State’s hunting regulations, but no Refuge by: longer than from 1⁄2 hour before legal I a. Revising the introductory text of A. Migratory Game Bird Hunting. sunrise to 1⁄2 hour after legal sunset. We paragraph A., revising paragraphs A.2., *** close the refuge to night hunting. A.3., revising the introductory text of * * * * * Hunters must unload all firearms, and paragraph B., revising paragraphs B.2., 2. You must wear in a conspicuous nock no arrows outside of legal hunting B.3., B.5., B.6., revising the introductory manner on the outermost layer of the hours. text of paragraph C., revising paragraphs head, chest, and back a minimum of 400 C.1., C.2., and adding paragraph C.6. of * * * * * square inches (2,600 cm 2) of hunter- Lake Umbagog National Wildlife Refuge; 5. Hunters must wear two articles of orange clothing or material, except and hunter-orange clothing or material. One when hunting waterfowl from a blind or I b. Revising paragraphs A.2. and C.5. article must be a solid-colored, hunter- boat or over waterfowl decoys. of Silvio O. Conte National Wildlife orange hat; the other must cover a major * * * * * Refuge to read as follows: portion of the torso, such as a jacket, C. Big Game Hunting. *** vest, coat, or poncho, and must be a § 32.48 New Hampshire. minimum of 50 percent hunter orange * * * * * * * * * * in color (e.g., orange camouflage). 5. Conditions A4 and A5 apply. 6. We allow hunting of showshoe * * * * * Lake Umbagog National Wildlife hare, ring-necked pheasant, and ruffed I Refuge 20. Amend § 32.49 New Jersey by grouse with trained dogs during State revising paragraph D. of Cape May A. Migratory Game Bird Hunting. We hunting seasons. Hunting with locating, National Wildlife Refuge to read as allow hunting of duck, goose, pointing, and retrieving dogs on the follows: merganser, coot, snipe, and woodcock refuge will be subject to the following in accordance with State regulations, regulations: § 32.49 New Jersey. seasons, and bag limits subject to the i. We prohibit dog training. * * * * * following conditions: ii. We allow a maximum of two dogs Cape May National Wildlife Refuge * * * * * per hunter. 2. At various locations on the refuge, iii. You must pick up all dogs the * * * * * we will provide permanent refuge same day you release them (see D. Sport Fishing. We allow sport blinds, which are available for public § 26.21(b) of this chapter). fishing on designated areas of the refuge use by reservation. Hunters may make C. Big Game Hunting. We allow in accordance with State regulations reservations for particular blinds up to hunting of bear, coyote, white-tailed subject to the following conditions: 1 year in advance, for a maximum of 7 deer, and moose in accordance with 1. We allow fishing from 1 hour days, running Monday through Sunday State regulations, seasons, and bag before legal sunrise to 1 hour after legal during the hunting season. Hunters may limits subject to the following sunset. make reservations for additional weeks conditions: 2. We allow fishing only along beach up to 7 days in advance, on a space- 1. We open the refuge to hunting areas of the Two Mile Beach Unit. available basis. We allow no other during the hours stipulated under each 3. The Atlantic Ocean beach is closed permanent blinds. Hunters must remove State’s hunting regulations but no longer annually to all access, including fishing, temporary blinds, boats, and decoys than from 1⁄2 hour before legal sunrise between April 1 and September 30. from the refuge following each day’s to 1⁄2 hour after legal sunset. We prohibit 4. We prohibit commercial fishing, hunt (see §§ 27.93 and 27.94 of this night hunting. Hunters must unload all crabbing, and clamming on refuge lands. chapter). firearms and nock no arrows outside of 5. We prohibit fishing or possession of 3. You may use trained dogs to assist legal hunting hours. conchs or shellfish on refuge lands. in hunting and retrieval of harvested 2. We allow bear and coyote hunting 6. We prohibit dogs on the Two Mile birds. Hunting with locating, pointing, with dogs during State hunting seasons. Beach Unit.

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33193

7. We prohibit unauthorized vehicles, special hunt dates each year for oryx. I 23. Amend § 32.52 North Carolina by: including all-terrain vehicles (ATVs), on Contact the refuge manager for special I a. Removing paragraph A.3., any portion of the Two Mile Beach Unit. dates and conditions. redesignating paragraphs A.4. through 8. We prohibit sunbathing on refuge * * * * * A.7. as paragraphs A.3. through A.6. of lands. D. Sport Fishing. *** Currituck National Wildlife Refuge; I 9. We prohibit access to swimming or * * * * * b. Revising the heading of MacKay surfing in the Atlantic Ocean. 6. We allow frogging for bullfrog on Island National Wildlife Refuge to read * * * * * the refuge in areas that are open to Mackay Island National Wildlife Refuge; I I 21. Amend § 32.50 New Mexico by: fishing. c. Removing paragraphs A.2., A.5., and A.8., redesignating paragraphs A.3. I a. Revising paragraphs A.1., A.2., A.3., * * * * * B.2., B.3., C.2., C.3., and D.6. of Bosque as A.2., A.4. as A.3., A.6. as A.4., and del Apache National Wildlife Refuge; Las Vegas National Wildlife Refuge A.7. as A.5, revising newly redesignated paragraph A.5., revising paragraph B.1., I b. Revising the introductory text of A. Migratory Game Bird Hunting. We removing paragraphs B.2. and B.3., paragraph A., revising paragraphs A.5., allow hunting of mourning dove and redesignating paragraph B.4. as B.2., A.6., A.7., and A.8. of Las Vegas goose on designated areas of the refuge revising paragraphs C.1., C.2., C.3., C.4., National Wildlife Refuge; and in accordance with State regulations and C.10., removing paragraph D.4., and I c. Adding paragraph A.3. of Sevilleta subject to the following conditions: redesignating paragraph D.5. as D.4. of National Wildlife Refuge to read as * * * * * follows: Pee Dee National Wildlife Refuge; 5. We allow goose hunting on I d. Revising paragraphs A.1., A.4., § 32.50 New Mexico. designated day(s) of the week as A.9., revising the introductory text of * * * * * identified on the permit. paragraph C., and revising paragraphs 6. Shooting hours for geese are from C.3., C.4., C.7., and C.8. of Pocosin 1 Bosque del Apache National Wildlife ⁄2 hour before legal sunrise to 1:00 p.m. Lakes National Wildlife Refuge to read Refuge local time. as follows: A. Migratory Game Bird Hunting. 7. We assign a bag limit for both light *** goose and Canada goose to two geese § 32.52 North Carolina. 1. You must possess and carry a each. * * * * * 8. For goose hunting you may possess refuge permit for hunting of light goose. Pee Dee National Wildlife Refuge The permit is available through a lottery only approved nontoxic shells (see drawing. Applications must be § 32.2(k)) while in the field in quantities A. Migratory Game Bird Hunting. postmarked by November 15 of each of six or less. *** year. A $6.00 nonrefundable application * * * * * * * * * * fee must accompany each application. Sevilleta National Wildlife Refuge 5. We prohibit hunting on, from, or 2. We allow hunting of light goose on across any road open to public vehicle dates to be determined by refuge staff. * * * * * traffic. This includes the right-of-way We will announce hunt dates by A. Migratory Game Bird Hunting. which extends 30 feet (9 m) in either September 1 of each year. Hunters must *** direction from the center of the road and report to the refuge headquarters by 4:45 * * * * * all public parking areas. a.m. each hunt day. Legal hunting hours 3. The refuge may designate special * * * * * will run from 1⁄2 hour before legal youth and/or persons with disabilities B. Upland Game Hunting. *** sunrise and will not extend past 11:00 hunting days during the regular game 1. Conditions A1 through A5 apply. a.m. local time. bird season. This will apply to areas, * * * * * 3. We allow the use of hunting dogs species, days, and times that are C. Big Game Hunting. *** for animal retrieval. You must keep dogs currently part of the refuge’s hunting 1. Conditions A1 through A5 apply on a leash when not hunting (see program. For additional information (with the following exception to § 26.21(b) of this chapter). concerning these changes, please condition A2: Each adult may supervise * * * * * contact the refuge staff. We will print no more than one youth hunter). B. Upland Game Hunting. *** specific dates and information regarding 2. We require each person * * * * * these special days in the refuge’s 2008– participating in a quota deer hunt to 2. Conditions A3 through A8 apply. 2009 hunt leaflet. possess a refuge Quota Deer Hunt 3. We allow cottontail rabbit hunting * * * * * Permit. The Quota Deer Hunt Permit is between December 1 and the last day of I 22. Amend § 32.51 New York by nontransferable. February. We prohibit the use of hounds revising paragraph A.14. of Montezuma 3. During deer hunts we prohibit for cottontail rabbit hunting. National Wildlife Refuge to read as hunters from entering the refuge earlier C. Big Game Hunting. *** follows: than 4 a.m., and they must leave the * * * * * refuge no later than 2 hours after legal § 32.51 New York. 2. Hunting on the east side of the Rio sunset. Grande is by foot, horseback, or bicycle * * * * * 4. Youth hunts are for hunters under only. Bicycles must stay on designated Montezuma National Wildlife Refuge age 16. We prohibit adults from roads. possessing or discharging a firearm 3. We allow oryx hunting from the A. Migratory Game Bird Hunting. during the youth deer hunts. east bank of the Rio Grande and to the *** * * * * * east boundary of the refuge. We will * * * * * 10. You must check all deer taken on allow hunters possessing a valid State 14. You may possess only 25 or fewer the refuge at the refuge check station on special off-range permit to hunt oryx on approved nontoxic shells while in the the date of take prior to removing the the refuge during the concurrent State field (see § 32.2(k)). animal from the refuge. If we do not deer season. We also may establish * * * * * have the check station staffed by refuge

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33194 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

personnel, you must use the self-check- 4. You may possess only approved end of each day (see § 27.93 and 27.94 in procedures. nontoxic shot (see § 32.2(k)) while of this chapter). * * * * * hunting turkeys on the Pungo Unit. * * * * * * * * * * Pocosin Lakes National Wildlife Refuge D. Sport Fishing. We allow ice fishing 7. Prior to December 1, we allow deer on designated areas of the refuge in A. Migratory Game Bird Hunting. hunting with bow and arrow on the accordance with State regulations *** Pungo Unit during all State deer subject to the following conditions: 1. We prohibit hunting on the seasons, except the muzzleloading 1. We restrict vehicle use to Davenport and Deaver tracts (which season; however, we prohibit hunting designated ice access points and refuge include the area surrounding the on the Pungo Unit on the designated roads (see § 27.31 of this chapter). Headquarters/Visitor Center and the Pungo Deer Gun-Hunts referred to above 2. We allow vehicles and fish houses Scuppernong River Interpretive without a valid Pungo Deer Gun-Hunt on the ice as conditions allow. We Boardwalk), the Pungo Shop area, New Permit. require anglers to remove fish houses, or Lake, refuge lands between Lake Phelps 8. You must wear 500 square inches parts thereof, from the refuge ice, water, and Shore Drive, that portion of the (3,250 cm2) of fluorescent-orange and land by no later than March 15 of Pinner Tract east of SR 1105, the portion material above the waist that is visible each year. We allow anglers to use of Allen Road between Shore Drive and from all sides while hunting deer and portable houses after March 15, but the gate on the north end of Allen Road feral hogs in any area open to hunting anglers must remove them from the (including the area on both sides of this these species with firearms. refuge at the end of each day (see section of Allen Road for a distance of §§ 27.93 and 27.94 of this chapter). 100 yards (90 m)), the portion of * * * * * Western Road between the intersection I 24. Amend § 32.53 North Dakota by: 3. We prohibit leaving fish houses with Seagoing Road and the gate to the I a. Revising paragraphs B.1. through unattended on refuge uplands or in south, and the unnamed road at the B.3., revising paragraphs C.1. through refuge parking areas. southern boundary of the refuge land C.4., and revising paragraph D. of 4. We prohibit all shore and boat located west of Pettigrew State Park’s Audubon National Wildlife Refuge; fishing on the refuge. Cypress Point Access Area. During I b. Revising paragraph A.2. of Lake * * * * * Alice National Wildlife Refuge; and November, December, January, and Lake Alice National Wildlife Refuge February, we prohibit all public entry I c. Revising paragraphs A., B., and C. on Pungo and New Lakes, Duck Pen of Lostwood National Wildlife Refuge to A. Migratory Game Bird Hunting. Road, and the Pungo Lake, Riders Creek, read as follows: *** and Dunbar Road banding sites. § 32.53 North Dakota. * * * * * 2. We allow motorized boats only * * * * * * * * * * 4. We open the refuge for daylight use during the migratory game bird hunting only, except that we allow hunters to Audubon National Wildlife Refuge season; however, motors must not enter and remain in open hunting areas * * * * * exceed 10 hp. from 11⁄2 hours before legal shooting B. Upland Game Hunting. *** * * * * * time until 11⁄2 hours after legal shooting 1. We open to upland game hunting Lostwood National Wildlife Refuge time. annually on the day following the close * * * * * of the regular deer gun season, and we A. Migratory Game Bird Hunting. 9. You may possess only approved close per the State season. [Reserved] nontoxic shot (see § 32.2(k)) while 2. We prohibit hunting on or from B. Upland Game Hunting. We allow migratory game bird hunting on and refuge roads while operating a vehicle. hunting of ring-necked pheasant, sharp- west of Evans Road. Hunters must park in designated tailed grouse, and gray partridge on * * * * * parking areas or at the refuge boundary designated areas of the refuge in C. Big Game Hunting. We allow and walk in. accordance with State regulations hunting of deer, turkey, and feral hog on 3. We allow game retrieval without a subject to the following conditions: designated areas of the refuge in firearm up to 100 yards (90 m) inside 1. We prohibit hunting on the portion accordance with State regulations the refuge boundary fence and closed of the refuge south of Highway 50 subject to the following conditions: areas of the refuge. Retrieval time may during the State deer gun season. * * * * * not exceed 10 minutes. You may use 2. We allow hunting only on the 3. We allow the use of only shotguns, dogs to assist in retrieval. portion of the refuge north of Highway muzzleloaders, and bow and arrow for * * * * * 50 beginning the day following the close deer and feral hog hunting. We allow C. Big Game Hunting. *** of the State deer gun season through the disabled hunters to use crossbows but 1. The refuge gun, muzzleloader, and end of the State season. only while possessing the required State bow deer hunting seasons open and 3. We allow falconry on the refuge permit. We allow feral hogs to be taken close according to State regulations. only during the State upland game in any area, except the Pungo Unit, 2. We close the refuge to the State season subject to conditions B1 and B2. when the area is open to hunting deer. special youth deer hunting season. 4. You may possess only approved We allow feral hogs to be taken using 3. We prohibit hunting on or from nontoxic shot while in the field (see bow and arrow (during the State bow refuge roads while operating a vehicle. § 32.2(k)). and arrow and gun deer seasons), Hunters must park in designated 5. We prohibit the use of horses muzzleloaders (during the State parking areas or at the refuge boundary during all hunting seasons. muzzleloader and gun deer seasons), and walk in. Hunters may use C. Big Game Hunting. We allow and firearms (during the State gun deer designated refuge roads to retrieve hunting of deer on designated areas of season). In addition, feral hogs may be downed deer. the refuge in accordance with State taken on the Frying Pan Unit during all 4. We allow only portable tree stands. regulations subject to the following open firearm seasons. You must remove all tree stands at the conditions:

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33195

1. The refuge gun, muzzleloader, and hunts. For information concerning the waters and waters of the Wildlife bow deer hunting seasons open and hunts, contact the refuge office or the Management Unit. close according to State regulations. State. * * * * * 2. We prohibit entry to the refuge * * * * * before 12 p.m. (noon) on the first day of Wichita Mountains National Wildlife the archery, gun, or muzzleloader deer Little River National Wildlife Refuge Refuge hunting season. * * * * * * * * * * 3. We will allow only preseason D. Sport Fishing. *** D. Sport Fishing. We allow fishing on scouting in public use areas and hiking 1. Condition A1 applies. designated areas of the refuge in trails. * * * * * accordance with State regulations 4. We allow only portable tree stands. subject to the following conditions: You must remove all tree stands at the Salt Plains National Wildlife Refuge * * * * * end of each day (see §§ 27.93 and 27.94 * * * * * 6. Anglers may use motorized boats of this chapter). D. Sport Fishing. *** on Elmer Thomas Lake; however, we 5. Condition B5 applies. enforce a no-wake rule on the lake. * * * * * * * * * * I 26. Amend § 32.56 Oregon by: 6. We only allow fishing on Bonham I I 25. Amend § 32.55 Oklahoma by: Pond: a. Removing paragraph A.3. and I a. Revising paragraphs B.1., B.2., B.6., i. By youths age 14 and under; redesignating paragraphs A.4. through A.9. as paragraphs A.3. through A.8; and C.6. of Deep Fork National Wildlife ii. By any person with a disability; removing paragraphs B.2. and B.4. and Refuge; iii. Only from legal sunrise to legal I redesignating paragraphs B.3., B.5., and b. Revising paragraph D.1. and sunset; B.6., as paragraphs B.2., B.3., and B.4. removing paragraph D.2. of Little River iv. With a limit of one pole per respectively; removing paragraphs D.2. National Wildlife Refuge; person; and I and D.4., and redesignating paragraphs c. Revising paragraph D.6. of Salt v. Catch and release only. Plains National Wildlife Refuge; D.3., D.5., and D.6., as paragraphs D.2., I d. Revising paragraphs A.1., A.2., Sequoyah National Wildlife Refuge D.3., and D.4., respectively, of Cold Springs National Wildlife Refuge; A.6., A.9., removing paragraph A.10., A. Migratory Game Bird Hunting. I b. Removing paragraphs A.1., and A.3. revising paragraph B.1., and removing *** and redesignating paragraphs A.2., A.4., paragraph C.4. of Sequoyah National 1. We require an annual refuge permit A.5., A.6., A.7., and A.8. as paragraphs Wildlife Refuge; for all hunting. The hunter must possess I A.1. through A.6., respectively, and e. Redesignating paragraphs D.3. and carry the signed permit while revising paragraph B.1. of McKay Creek through D.12. as paragraphs D.4. hunting. National Wildlife Refuge; and through D.13. and adding a new 2. We open the refuge to hunting only paragraph D.3. of Tishomingo National I c. Revising paragraph A.2. of Umatilla on Saturdays, Sundays, Mondays, and National Wildlife Refuge to read as Wildlife Refuge; and Tuesdays. We prohibit hunters from I follows: f. Revising the introductory text of entering the land portion of the paragraph D. and adding paragraph D.6. Sandtown Bottom Unit or any portion of § 32.56 Oregon. of Wichita Mountains National Wildlife Sally Jones Lake before 5:00 a.m. * * * * * Refuge to read as follows: Hunters must leave the area by 1 hour McKay Creek National Wildlife Refuge § 32.55 Oklahoma. after legal sunset. We prohibit hunting * * * * * * * * * * or shooting within 50 feet (15 m) of designated roads or parking areas. All B. Upland Game Hunting. *** Deep Fork National Wildlife Refuge hunters must park in designated parking 1. Condition A1 applies. * * * * * areas. * * * * * B. Upland Game Hunting. *** * * * * * Umatilla National Wildlife Refuge 1. You must possess and carry a 6. We allow boats. You must operate A. Migratory Game Bird Hunting. signed refuge permit for squirrel, rabbit, them under applicable State laws and *** and raccoon. We require no fee. comply with all licensing, marking, and 2. We allow only shotguns, .22 caliber safety regulations from the State of * * * * * rimfire rifles, and .17 caliber rimfire origin. 2. On the McCormack Unit, you may possess only approved nontoxic rifles for rabbit and squirrel. We allow * * * * * shotshells (see § 32.2(k)) in quantities of only special archery hunts by refuge 9. We restrict the use of airboats 25 or fewer per day. Special Use Permit. within the refuge boundary to the I * * * * * Arkansas River navigation channel and 27. Amend § 32.57 Pennsylvania by 6. We offer refuge-controlled turkey to designated hunting areas from revising paragraphs A.2. through A.5. hunts. We require hunters to possess a September 1 to March 1. and adding paragraphs A.6. and A.7., permit and pay a fee for these hunts. B. Upland Game Hunting. *** revising paragraphs B.2., C., and D.4. You may call the refuge office or the 1. Conditions A1, A2, and A7 through through D.7., and removing paragraphs State for information concerning these A9 apply. D.8. and D.9. of Erie National Wildlife Refuge to read as follows: hunts. * * * * * * * * * * § 32.57 Pennsylvania. Tishomingo National Wildlife Refuge C. Big Game Hunting. *** * * * * * * * * * * * * * * * Erie National Wildlife Refuge 6. We offer refuge-controlled deer D. Sport Fishing. *** hunts (archery, primitive weapon, youth * * * * * A. Migratory Game Bird Hunting. primitive). We require hunters to 3. We prohibit airboats, hovercraft, *** possess a permit and pay a fee for these and personal watercraft on all refuge * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33196 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

2. We require all persons to possess I c. Adding paragraphs A.9. and B.5., 500 square inches (3,250 cm2) of and carry a refuge hunt permit. and revising paragraph C. of Carolina unbroken, fluorescent-orange material 3. We require that hunters display in Sandhills National Wildlife Refuge; above the waist as an outer garment that plain view a refuge hunt permit in the I d. Revising paragraph C.6. of is visible from all sides while hunting windshield area of their vehicle while Pinckney Island National Wildlife and while en route to and from hunting parked on the refuge. Refuge; and areas. 4. We only allow nonmotorized boats I e. Revising paragraphs A.6. and B.4. of 5. During the primitive weapons hunt, for waterfowl hunting. Waccamaw National Wildlife Refuge to you may use bow and arrow, 5. We require that hunters remove all read as follows: muzzleloading shotguns (20 gauge or boats, blinds, and decoys from the larger), or muzzleloading rifles (.40 § 32.60 South Carolina. refuge within 1 hour after legal sunset caliber or larger). We prohibit revolving (see §§ 27.93 and 27.94 of this chapter). * * * * * rifles and black-powder handguns. 6. We allow dogs for hunting; Cape Romain National Wildlife Refuge 6. During modern gun hunts, you may however, they must be under the use shotguns, rifles (centerfire and immediate control of the hunter at all * * * * * larger than .22 caliber), handguns (.357 times (see § 26.21(b) of this chapter). D. Sport Fishing. We allow fishing, caliber or larger and barrel length no 7. We prohibit field possession of crabbing, shell fishing, shrimping, and less than 6 inches [15 cm]), or any migratory game birds in areas of the the harvest of other marine species on weapon allowed during the primitive refuge closed to migratory game bird designated areas of the refuge subject to weapons hunt. We prohibit military, hunting. State regulations and the following hard-jacketed bullets, and .22 caliber B. Upland Game Hunting. *** condition: Marsh Island, White Banks, rimfire rifles during the modern gun * * * * * and Bird Island are open from hunts. 2. Condition A3 applies. September 15 through February 15. We 7. We prohibit man driving for deer. close them the rest of the year to protect We define a ‘‘man drive’’ as an * * * * * nesting birds. C. Big Game Hunting. We allow organized hunting technique involving hunting of deer, bear, and turkey on Carolina Sandhills National Wildlife two or more individuals where hunters designated areas of the refuge in Refuge attempt to drive game animals from accordance with State regulations A. Migratory Game Bird Hunting. cover or habitat for the purpose of subject to the following conditions: *** shooting or killing the animals or 1. We allow hunting on the refuge moving them toward other hunters. from September 1 through the end of * * * * * 8. We prohibit the use of dogs for any 9. We prohibit the possession or use February. We also allow spring turkey big game hunting. of more than 50 shotgun shells. hunting in accordance with State 9. We prohibit the use of plastic regulations. B. Upland Game Hunting. *** flagging. 10. Youth hunts are for hunters under 2. We require all persons to possess * * * * * age 16. We prohibit adults from and carry a refuge hunt permit. 5. All persons participating in refuge possessing or discharging firearms 3. Conditions A3 and A5 apply. firearms hunts must wear at least 500 4. We prohibit organized deer drives during youth deer or turkey hunts. square inches (3,250 cm2) of unbroken, in hunt area B of the Sugar Lake 11. We prohibit the use of ATVs, fluorescent-orange material above the Division. We define a ‘‘drive’’ as three except by mobility-impaired hunters waist as an outer garment that is visible or more persons involved in the act of with a Special Use Permit during big from all sides while hunting and while chasing, pursuing, disturbing, or game hunts. Mobility-impaired hunters en route to and from hunting areas. This otherwise directing deer so as to make must have a State Disabled Hunting does not apply to raccoon hunters. the animal more susceptible to harvest. C. Big Game Hunting. We allow license, be wheelchair dependent, need 5. We prohibit the use of watercraft hunting of white-tailed deer, turkey, and mechanical aids to walk, or have for big game hunting. feral hog on designated areas of the complete single- or double-leg D. Sport Fishing. *** refuge in accordance with State amputations. * * * * * regulations subject to the following 12. We prohibit turkey hunters from 4. We allow ice fishing in Areas 5 and conditions: calling a turkey for another hunter 7 only. 1. Conditions A1, A3 through A5, and unless both hunters have Refuge Quota 5. We prohibit the taking of minnow, A8 apply (with the following exception Turkey Hunt Permits. turtle, or frog. for condition A4: Each adult may 13. We prohibit turkey hunting in the 6. We prohibit the possession of live supervise no more than one youth area defined as east of Hwy. 145, south baitfish on the Seneca Unit. hunter). of Rt. 9, and north of Hwy. 1. 7. We prohibit the taking or 2. All deer, feral hog, and turkey taken 14. We prohibit discharge of weapons possession of shellfish on the refuge. on the refuge must be checked in on the (see § 27.42(a) of this chapter) for any * * * * * date of take prior to removing the purpose other than to take or attempt to I 28. Amend § 32.60 South Carolina by: animal from the refuge. take legal game animals during I a. Revising the listing of ACE Basin 3. During deer and turkey hunts, we established hunting seasons. National Wildlife Refuge to read Ernest prohibit hunters from entering the * * * * * F. Hollings ACE Basin National Wildlife refuge earlier than 4 a.m. Deer hunters Ernest F. Hollings ACE Basin National Refuge, placing the listing in the correct must leave the refuge no later than 2 Wildlife Refuge alphabetical order, and revising hours after legal sunset. Turkey hunts paragraphs C.3., C.9. and C.10. of Ernest will end each day at 1 p.m. Hunters * * * * * F. Hollings ACE Basin National Wildlife must unload and encase or dismantle all C. Big Game Hunting. *** Refuge; firearms after 1 p.m. * * * * * I b. Revising paragraph D. of Cape 4. All persons participating in refuge 3. Except for the special quota permit Romain National Wildlife Refuge; firearms deer hunts must wear at least hunts, we allow only archery or

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33197

muzzleloader hunting, and there is no 2. We allow portable tree stands and quota permit issued through random quota on the number of hunters allowed freestanding elevated platforms to be drawing. Information for permit to participate. During special quota left on Waterfowl Production Areas applications is available at the refuge permit hunts, we allow use of centerfire from the first Saturday after August 25 headquarters. rifles or shotguns. through February 15. D. Sport Fishing. *** * * * * * 3. You must label portable tree stands 9. You may take feral hogs during and freestanding elevated platforms * * * * * refuge deer hunts. There is no size or with your name and address or current 5. We limit boats to no-wake speed on bag limit on hogs. We may offer special hunting license number so it is legible all refuge impoundments and reservoirs. hog hunts during and after deer season from the ground. Hatchie National Wildlife Refuge to further control this invasive species. 4. You must remove portable ground blinds and other personal property at A. Migratory Game Bird Hunting. You must dispatch all feral hogs before *** removing them from the refuge. the end of each day (see §§ 27.93 and 10. You must hunt deer and feral hogs 27.94 of this chapter). * * * * * from an elevated deer stand. We 5. We prohibit the use of horses for 5. Mourning dove, woodcock, and prohibit shooting big game from a boat. any purpose. snipe seasons close during all deer archery and quota gun hunts. * * * * * * * * * * * * * * * Pinckney Island National Wildlife Waubay National Wildlife Refuge B. Upland Game Hunting. *** Refuge * * * * * * * * * * * * * * * C. Big Game Hunting. *** 3. We close all small game hunts C. Big Game Hunting. *** * * * * * during the refuge deer archery and * * * * * 7. You must label portable tree stands quota gun hunts. 6. Each hunter may place one stand and freestanding elevated platforms * * * * * on the refuge during the week preceding with your name and address or current C. Big Game Hunting. *** the hunt. You must remove your stand hunting license number so it is legible * * * * * at the end of the hunt (see §§ 27.93 and from the ground. 5. We allow archery-only hunting on 27.94 of this chapter). * * * * * designated areas of the refuge (refer to the refuge brochure). * * * * * I 30. Amend § 32.62 Tennessee by: I a. Revising paragraphs A.2., A.3., B.2., * * * * * Waccamaw National Wildlife Refuge D. Sport Fishing. *** C.2., and adding paragraph D.5. of Cross A. Migratory Game Bird Hunting. Creeks National Wildlife Refuge; * * * * * *** I b. Revising paragraphs A.5., B.3., C.5., 7. We open Oneal Lake for bank * * * * * D.7., removing paragraphs D.8. and fishing during a restricted season and 6. We prohibit permanent blinds. You D.10., and redesignating paragraph D.9. for authorized special events. must remove portable blinds and decoys as D.8. of Hatchie National Wildlife Information on events and season dates is available at the refuge headquarters. at the end of each day (see §§ 27.93 and Refuge; and 27.94 of this chapter). I c. Adding paragraph A.11. and * * * * * * * * * * revising paragraph B.5. of Tennessee Tennessee National Wildlife Refuge B. Upland Game Hunting. *** National Wildlife Refuge to read as A. Migratory Game Bird Hunting. * * * * * follows: 4. We prohibit squirrel and/or raccoon *** hunting from a boat or other water § 32.62 Tennessee. * * * * * conveyance on the refuge. * * * * * 11. We prohibit hunters cutting vegetation and bringing exotic/invasive * * * * * Cross Creeks National Wildlife Refuge vegetation to the refuge. I 29. Amend § 32.61 South Dakota by: A. Migratory Game Bird Hunting. B. Upland Game Hunting. *** I a. Revising paragraph C. of Lake *** * * * * * Andes Wetland Management District; 5. We allow hunters access to the and * * * * * refuge from 11⁄2 hours before legal I b. Adding paragraph C.7. of Waubay 2. We require a refuge hunt permit for sunrise to 11⁄2 hours after legal sunset, National Wildlife Refuge to read as all hunters age 16 and older. We charge with the exception of raccoon hunting. follows: a fee for all hunt permits. You must possess and carry a valid refuge permit * * * * * § 32.61 South Dakota. while hunting on the refuge. I 31. Amend § 32.63 Texas by: * * * * * 3. We set and publish season dates I a. Revising paragraphs A.2., A.4., and bag limits annually in the refuge A.10., A.16., and D. of Anahuac Lake Andes Wetland Management hunting regulations available at the National Wildlife Refuge; District refuge office. I b. Revising paragraphs C.6. and C.11. * * * * * * * * * * and removing paragraph C.17. of Laguna C. Big Game Hunting. We allow big B. Upland Game Hunting. *** Atascosa National Wildlife Refuge; game hunting on Waterfowl Production I c. Revising paragraph A.2., * * * * * Areas throughout the District in redesignating paragraphs A.7. through 2. Condition A2 applies. accordance with State regulations A.16. as paragraphs A.8. through A.17. subject to the following conditions: * * * * * and adding a new paragraph A.7., and 1. We allow the use of archery C. Big Game Hunting. *** revising newly designated paragraphs equipment only for big game hunting on * * * * * A.10, A.11., and A.14., and revising Atkins Waterfowl Production Area in 2. You may only participate in the paragraph D. of McFaddin National Lincoln County. refuge quota deer hunts with a special Wildlife Refuge;

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33198 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

I d. Revising paragraphs A.2., A.8., 1. We allow fishing and crabbing on waterfowl season only, all hunters A.11., and D. of Texas Point National shoreline areas on East Galveston Bay, hunting the Star Lake/Clam Lake Hunt Wildlife Refuge; along East Bay Bayou on the East Bay Units must register at the check station, I e. Revising paragraphs B.1., B.2., B.6., Bayou Tract, along West Line Road to including those accessing the unit from adding paragraph B.8, and revising the southern end of Shoveler Pond, the beach along the Brine Line or paragraph C. of Trinity River National along the canal from the Oyster Bayou Perkins Levee. Hunters will choose a Wildlife Refuge to read as follows: Boat Ramp to the southwest corner of designated hunt area on a first-come- Shoveler Pond, and along the banks of first-served basis and will be required to § 32.63 Texas. Shoveler Pond. remain in assigned areas for that day’s * * * * * 2. We allow fishing and crabbing only hunt. All hunters accessing Star Lake Anahuac National Wildlife Refuge with pole and line, rod and reel, or and associated waters via boat must handheld line. We prohibit the use any access through the refuge’s Star Lake A. Migratory Game Bird Hunting. method not expressly allowed, boat ramp. *** including trotlines, setlines, jug lines, * * * * * * * * * * limb lines, bows and arrows, gigs, 10. We allow daily hunting in the 2. You must possess and carry a spears, or crab traps. Mud Bayou Hunt Unit during the current signed refuge hunting permit 3. We allow cast netting for bait for September teal season and on Sundays, while hunting on all hunt units of the personal use along waterways in areas Wednesdays, and Fridays of the regular refuge. open to the public and along public waterfowl season. We allow access by * * * * * roads. foot from the beach at designated 4. We prohibit boats and other 4. We allow hunting in portions of the crossings or by boat from the Gulf floatation devices on inland waters. You East Unit on Saturdays, Sundays, and Intracoastal Waterway via Mud Bayou. may launch motorized boats in East Bay Tuesdays during the regular waterfowl 11. Hunters age 17 or under must be at the East Bay Boat Ramp on Westline season. We require payment of a $10 under the direct supervision of an adult Road and at the Oyster Bayou Boat daily or $40 annual fee to hunt on the age 18 or older. East Unit. All hunters must check in Ramp (boat canal). We prohibit the and out through the check station when launching of airboats or personal * * * * * accessing the East Unit by vehicle. We watercraft on the refuge. You may 14. We prohibit pits and permanent will allow a limited number of parties launch nonmotorized boats only along blinds. We allow portable blinds or to access the East Unit by vehicle. All East Bay Bayou and along the shoreline temporary natural vegetation blinds. hunters entering the East Unit through of East Galveston Bay. You must remove all blinds from the the check station will designate a hunt 5. We prohibit fishing from or refuge daily (see §§ 27.93 and 27.94 of area on a first-come-first-served basis mooring to water control structures. this chapter). (special duck hunt areas will be * * * * * * * * * * assigned through a random drawing). D. Sport Fishing. We allow fishing We will require hunters to remain in an Laguna Atascosa National Wildlife and crabbing on designated areas of the assigned area for that day’s hunt. We Refuge refuge in accordance with State allow hunters to access designated areas * * * * * regulations subject to the following of the East Unit by boat from Jackson C. Big Game Hunting. *** conditions: Ditch, East Bay Bayou, or Onion Bayou. * * * * * 1. We only allow fishing and crabbing We require hunters accessing the East 6. Each youth hunter, ages 12 through with pole and line, rod and reel, or Unit by boat from Jackson Ditch, East 17, must be accompanied by, and handheld line. We prohibit the use of Bay Bayou, or Onion Bayou to pay the remain within sight and normal voice any method not expressly allowed in $40 annual fee. We prohibit access to contact of, an adult age 21 or older. inland waters, including trotlines, set the East Unit Reservoirs from Onion Hunters must be at least age 12. lines, jug lines, limb lines, bows and Bayou via boat. We prohibit the use of * * * * * arrows, gigs, spears, and crab traps. motorized boats on the East Unit, except 11. We restrict vehicle access to 2. We allow cast netting for bait for on ponds accessed from Jackson Ditch service roads not closed by gates or personal use along waterways in areas via Onion Bayou. We prohibit signs. We prohibit the use of all-terrain open to the public and along public motorized boats launching from the East vehicles (ATVs) or off-road vehicles roads. Unit. (ORVs) (see § 27.31 of this chapter). You 3. We allow fishing and crabbing in * * * * * may only access hunt units by foot or 10-Mile Cut and Mud Bayou and in the 10. Hunters age 17 and under must be bicycle. following inland waters: Star Lake, under the direct supervision of an adult * * * * * Clam Lake, and Mud Lake. We also age 18 or older. allow fishing and crabbing from the McFaddin National Wildlife Refuge * * * * * shoreline of the Gulf Intracoastal 16. We prohibit pits and permanent A. Migratory Game Bird Hunting. Waterway and along roadside ditches. blinds. We allow portable blinds or *** 4. Conditions A5 and A6 apply. temporary natural vegetation blinds. * * * * * 5. We prohibit fishing from or You must remove all blinds from the 2. You must possess and carry a mooring to water control structures. refuge daily (see §§ 27.93 and 27.94 of current signed refuge hunting permit * * * * * this chapter). while hunting on all units of the refuge. Texas Point National Wildlife Refuge * * * * * * * * * * D. Sport Fishing. We allow fishing 7. We allow hunting in the Star Lake/ A. Migratory Game Bird Hunting. and crabbing on designated areas of the Clam Lake Hunt Unit daily during the *** refuge in accordance with State special teal season and on Saturdays, * * * * * regulations subject to the following Sundays, and Tuesdays of the regular 2. You must possess and carry a conditions: waterfowl season. During the regular current signed refuge hunting permit

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33199

while hunting on all hunt units of the application fee to enter the hunt permit available from the refuge administration refuge. drawing. We issue a refuge permit to office. * * * * * those individuals whose names are 2. You must possess and carry a 8. Hunters age 17 or under must be drawn. refuge hunt permit while hunting. under the direct supervision of an adult 2. We allow hunting during a 3. You must be age 12 or older to hunt age 18 or older. designated 23-day archery season. We on the refuge. Hunters, ages 12 through require participants to pay an 17, must be accompanied by and * * * * * directly supervised (within sight and 11. We prohibit pits and permanent application fee to obtain a designated normal voice contact) by an adult age 18 blinds. We allow portable blinds or number of permits. We issue a refuge or older. The supervising adult must temporary natural vegetation blinds. permit to those individuals. also be engaged in hunting and possess You must remove all blinds from the 3. We allow muzzleloader hunting during the designated State season. and carry a State hunting license and refuge daily (see §§ 27.93 and 27.94 of refuge permit. this chapter). 4. Conditions B4 and B6 through B8 apply. 4. You must sign in before entering * * * * * the hunt zones and sign out upon D. Sport Fishing. We allow fishing 5. We allow only temporary blinds. We prohibit hunting or blind erection leaving the zone. and crabbing on designated areas of the 5. We allow portable tree stands in refuge in accordance with State along refuge roads. 6. We restrict the weapon type used accordance with §§ 27.93, 27.94, and regulations subject to the following 32.2(i) of this chapter. You must use depending on the unit hunted. We conditions: safety straps while in tree stands and publish this information on the refuge 1. We allow fishing and crabbing only remove the stand at the end of the day. with pole and line, rod and reel, or permit (which you must possess and 6. You must check all harvested handheld line. We prohibit the use of carry) and in the refuge hunt brochure. animals at the refuge’s official check any method not expressly allowed in * * * * * station. inland waters, including trotlines, set I 32. Amend § 32.64 Utah by revising 7. We prohibit deer drives. We define lines, jug lines, limb lines, bows and the introductory text of paragraph A. of a ‘‘drive’’ as three or more persons arrows, gigs, spears, and crab traps. Fish Springs National Wildlife Refuge to involved in the act of chasing, pursuing, 2. We allow cast netting for bait only read as follows: disturbing, or otherwise directing deer by individuals along waterways in areas so as to make the animal more open to the public and along public § 32.64 Utah. susceptible to harvest. roads. * * * * * 8. We prohibit nocked arrows or 3. Conditions A6 and A7 apply. Fish Springs National Wildlife Refuge loaded firearms outside of the 4. We prohibit fishing from or designated hunting areas. mooring to water control structures. A. Migratory Game Bird Hunting. We 9. We only allow shotguns, 20 gauge allow hunting of duck, coot, and goose or larger, loaded with buckshot during Trinity River National Wildlife Refuge on designated areas of the refuge in the firearm season. * * * * * accordance with State regulations 10. During the firearm hunt, you must B. Upland Game Hunting. *** subject to the following conditions: wear in a visible manner on the head, 1. We require each participant to pay * * * * * chest, and back a minimum of 400 an application fee to obtain a permit. 2 I 33. Amend § 32.66 Virginia by: square inches (2,600 cm ) of solid- We will limit the number of permits I a. Revising paragraph C. of Eastern colored-blaze-orange clothing or issued for the designated hunt season. Shore of Virginia National Wildlife material. Consult the refuge brochure or call the 11. You must make a reasonable effort Refuge; refuge for hunt dates. to recover wounded animals from the I b. Revising paragraphs C.2., C.7., and 2. We allow hunting during a field and must notify the check station adding paragraphs C.8. and C.9. of Great designated 23-day season. personnel immediately if you are not Dismal Swamp National Wildlife able to recover a wounded animal. * * * * * Refuge; and 6. Youth hunters ages 17 and under I c. Revising paragraph A. of Plum Tree * * * * * must be under the direct supervision of Island National Wildlife Refuge to read Great Dismal Swamp National Wildlife an adult age 18 or older. Hunters must as follows: Refuge be at least age 12. * * * * * § 32.66 Virginia. * * * * * 8. Participants must possess and carry * * * * * C. Big Game Hunting. *** current authorized hunting permits at * * * * * Eastern Shore of Virginia National all times. Permits are nontransferable. 2. We allow shotguns, 20 gauge or Wildlife Refuge Hunters may enter the refuge and park larger, loaded with buckshot or rifled in an assigned parking area no earlier * * * * * slugs, and bows and arrows. For the than 5 a.m. We allow hunting from 1⁄2 C. Big Game Hunting. We allow bear hunt, we allow only shotguns, 20 hour before legal sunrise to 1⁄2 hour after archery and shotgun hunting of white- gauge or larger, with slugs. legal sunset. We require hunters to tailed deer on designated areas of the * * * * * return a data log card. refuge in accordance with State 7. We require hunters to have their C. Big Game Hunting. We allow regulations subject to the following guns, bows and arrows, and crossbows hunting of white-tailed deer and feral conditions: dismantled or cased when in a vehicle. hog on designated areas of the refuge in 1. Hunting brochures containing 8. We prohibit hunters to shoot onto accordance with State regulations permit application procedures, fees, or across refuge roads, including roads subject to the following conditions: seasons, bag limits, methods of hunting, closed to vehicles. 1. We allow hunting during two maps depicting areas open to hunting, 9. You must check in all harvested designated 9-day rifle/shotgun seasons. and the terms and conditions under bears at the refuge official check station. We require participants to pay an which we issue hunting permits are * * * * *

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 33200 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Plum Tree Island National Wildlife 3. During the State spring turkey B. Upland Game Hunting. We allow Refuge season, we prohibit hunting of all hunting of ring-necked pheasant, gray A. Migratory Game Bird Hunting. We species except turkey. partridge, squirrel, and cottontail rabbit allow hunting of waterfowl, gallinule, * * * * * on designated areas of the refuge in accordance with State regulations and coot on designated areas of the McNary National Wildlife Refuge refuge in accordance with State during the State seasons subject to the regulations subject to the following * * * * * following conditions: conditions: B. Upland Game Hunting. *** * * * * * 1. On the McNary Fee Hunt Unit, we 1. You must possess and carry a C. Big Game Hunting. We allow allow hunting of only upland game signed Special Use Hunting Permit hunting of white-tailed deer on birds on Wednesdays, Saturdays, while hunting migratory game birds on designated areas of the refuge in Sundays, Thanksgiving Day, and New the refuge. We open the Cow Island area accordance with State regulations Year’s Day. We prohibit hunting before of the refuge only to migratory game subject to the following conditions: bird hunting. We close all other areas of 12 p.m. (noon) on each hunt day. 1. We allow hunting during the State the refuge to all public entry. Contact * * * * * the refuge office for permit information 3. We allow turkey hunting only on archery, muzzleloader, and State by calling (804) 829–9029 weekdays. the Wallula unit. firearms seasons. 2. We will determine hunting * * * * * * * * * * locations, dates, and times by lottery, C. Big Game Hunting. *** D. Sport Fishing. We allow fishing on and we will designate them on hunting 1. On the Juniper Canyon and Wallula designated areas of the refuge in permits. Units, we allow shotgun and archery accordance with State regulations 3. We prohibit jump-shooting by foot hunting only. subject to the following condition: We or boat. All hunting must take place * * * * * allow only bank fishing. from a blind as determined by hunting * * * * * permit. Toppenish National Wildlife Refuge 4. Hunters must follow all conditions A. Migratory Game Bird Hunting. Whittlesey Creek National Wildlife of their hunt permit. *** Refuge 5. We prohibit any activity that disturbs the bottom, including landing * * * * * A. Migratory Game Bird Hunting. We boats, anchoring, driving posts, etc., 3. We allow dove hunting only on the allow hunting of migratory game birds within the refuge boundary and within Cloe, Webb, Petty, Halvorson, on designated areas of the refuge in the U.S. Army Corps of Engineers Chambers, and Isiri Units. accordance with State regulations designated Danger Zone around Plum 4. On the Pumphouse and Robbins subject to the following conditions: Road Units, you may possess only Tree Island. * * * * * approved nontoxic shotshells (see * * * * * § 32.2(k)) in quantities of 25 or less per I 36. Amend § 32.71 United States I 34. Amend § 32.67 Washington by: day. Unincorporated Pacific Insular I a. Adding paragraph B.3. of Little * * * * * Possessions by revising Midway Atoll Pend Oreille National Wildlife Refuge; National Wildlife Refuge to read as I I 35. Amend § 32.69 Wisconsin by: b. Revising paragraphs B.1. and B.3. follows: and revising paragraph C.1. of McNary I a. Revising the introductory text of National Wildlife Refuge; paragraphs A., B., and C., and revising § 32.71 United States Unincorporated I c. Revising paragraphs A.3. and A.4. paragraphs C.1. and D. of Horicon Pacific Insular Possessions. of Toppenish National Wildlife Refuge; National Wildlife Refuge; and * * * * * and I b. Revising the introductory text of I d. Removing paragraph A.4. and paragraph A. of Whittlesey Creek Midway Atoll National Wildlife Refuge National Wildlife Refuge to read as redesignating paragraphs A.5. through A. Migratory Game Bird Hunting. follows: A.9. as paragraphs A.4. through A.8., [Reserved] respectively, of Umatilla National § 32.69 Wisconsin. Wildlife Refuge to read as follows: B. Upland Game Hunting. [Reserved] * * * * * C. Big Game Hunting. [Reserved] § 32.67 Washington. Horicon National Wildlife Refuge D. Sport Fishing. [Reserved] * * * * * A. Migratory Game Bird Hunting. We Dated: April 2, 2008. Little Pend Oreille National Wildlife allow hunting of duck and coot on David M. Vehrey, Refuge designated areas of the refuge in Acting Assistant Secretary for Fish and * * * * * accordance with State regulations Wildlife and Parks. B. Upland Game Hunting. *** subject to the following conditions: [FR Doc. E8–12188 Filed 6–10–08; 8:45 am] * * * * * * * * * * BILLING CODE 4310–55–P

VerDate Aug<31>2005 16:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR2.SGM 11JNR2 rwilkins on PROD1PC63 with RULES_2 Wednesday, June 11, 2008

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 32 2008–2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions); Proposed Rule

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 33202 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

DEPARTMENT OF THE INTERIOR compatible with the purposes of the provisions as appropriate. You may find refuge and National Wildlife Refuge previously issued refuge-specific Fish and Wildlife Service System (Refuge System or our/we) regulations for hunting and sport fishing mission. The action also must be in in 50 CFR part 32. In this rulemaking, 50 CFR Part 32 accordance with provisions of all laws we are also proposing to standardize applicable to the areas, developed in [FWS–R9–WSR–2008–0017; 93270–1265– and clarify the language of existing 0000–4A] coordination with the appropriate State regulations. fish and wildlife agency(ies), consistent RIN 1018–AV20 with the principles of sound fish and Plain Language Mandate wildlife management and In this proposed rule, we made some 2008–2009 Refuge-Specific Hunting administration, and otherwise in the of the revisions to the individual refuge and Sport Fishing Regulations public interest. These requirements units to comply with a Presidential (Additions) ensure that we maintain the biological mandate to use plain language in regulations; as such, these particular AGENCY: Fish and Wildlife Service, integrity, diversity, and environmental Interior. health of the Refuge System for the revisions do not modify the substance of benefit of present and future generations the previous regulations. These types of ACTION: Proposed rule. of Americans. changes include using ‘‘you’’ to refer to We review refuge hunting and sport SUMMARY: The Fish and Wildlife Service the reader and ‘‘we’’ to refer to the proposes to add one refuge to the list of fishing programs to determine whether Refuge System, using the word ‘‘allow’’ areas open for hunting and/or sport to include additional refuges or whether instead of ‘‘permit’’ when we do not fishing programs and increase the individual refuge regulations governing require the use of a permit for an activities available at six other refuges existing programs need modifications. activity, and using active voice (i.e., for the 2008–2009 season. Changing environmental conditions, ‘‘We restrict entry into the refuge’’ vs. State and Federal regulations, and other ‘‘Entry into the refuge is restricted’’.) DATES: Your comments must be factors affecting fish and wildlife postmarked on or before July 11, 2008. populations and habitat may warrant Statutory Authority ADDRESSES: You may submit comments modifications to refuge-specific The National Wildlife Refuge System by one of the following methods: regulations to ensure the continued Administration Act of 1966 Æ Federal eRulemaking Portal: http:// compatibility of hunting and sport (16 U.S.C. 668dd–668ee, as amended www.regulations.gov. Follow the fishing programs and to ensure that by the National Wildlife Refuge System instructions for submitting comments. these programs will not materially Improvement Act of 1997 [Improvement Æ U.S. mail or hand delivery: Public interfere with or detract from the Act]) (Administration Act) and the Comments Processing, Attn: RIN 1018– fulfillment of refuge purposes or the Refuge Recreation Act of 1962 (16 AV20; Division of Policy and Directives Refuge System’s mission. U.S.C. 460k–460k–4) (Recreation Act) Management; U.S. Fish and Wildlife Provisions governing hunting and govern the administration and public Service; 4401 N. Fairfax Drive, Suite sport fishing on refuges are in title 50 of use of refuges. 222; Arlington, VA 22203. the Code of Federal Regulations in part Amendments enacted by the 32 (50 CFR part 32). We regulate We will not accept e-mail or faxes. We Improvement Act built upon the will post all comments on http:// hunting and sport fishing on refuges to: • Ensure compatibility with refuge Administration Act in a manner that www.regulations.gov. This generally provides an ‘‘organic act’’ for the Refuge means that we will post any personal purpose(s); • Properly manage the fish and System similar to those that exist for information you provide us (see the other public Federal lands. The Public Comments section below for wildlife resource(s); • Protect other refuge values; Improvement Act serves to ensure that more information). For information on • we effectively manage the Refuge specific refuges’ public use programs Ensure refuge visitor safety; and • Provide opportunities for quality System as a national network of lands, and the conditions that apply to them or fish and wildlife-dependent recreation. waters, and interests for the protection for copies of compatibility On many refuges where we decide to and conservation of our Nation’s determinations for any refuge(s), contact allow hunting and sport fishing, our wildlife resources. The Administration individual programs at the addresses/ general policy of adopting regulations Act states first and foremost that we phone numbers given in ‘‘Available identical to State hunting and sport focus our Refuge System mission on Information for Specific Refuges’’ under fishing regulations is adequate in conservation of fish, wildlife, and plant SUPPLEMENTARY INFORMATION. meeting these objectives. On other resources and their habitats. The FOR FURTHER INFORMATION CONTACT: refuges, we must supplement State Improvement Act requires the Secretary, Leslie A. Marler, Management Analyst, regulations with more-restrictive before allowing a new use of a refuge, Division of Conservation Planning and Federal regulations to ensure that we or before expanding, renewing, or Policy, U.S. Fish and Wildlife Service, meet our management responsibilities, extending an existing use of a refuge, to 4401 N. Fairfax Drive, Suite 670, as outlined in the ‘‘Statutory Authority’’ determine that the use is compatible Arlington, VA 22203; (703) 358–2397; section. We issue refuge-specific with the mission for which the refuge Fax (703) 358–2248. hunting and sport fishing regulations was established. The Improvement Act SUPPLEMENTARY INFORMATION: The when we open wildlife refuges to established as the policy of the United National Wildlife Refuge System migratory game bird hunting, upland States that wildlife-dependent Administration Act of 1966 closes game hunting, big game hunting, or recreation, when compatible, is a national wildlife refuges in all States sport fishing. These regulations list the legitimate and appropriate public use of except Alaska to all uses until opened. wildlife species that you may hunt or the Refuge System, through which the The Secretary of the Interior (Secretary) fish, along with seasons, bag or creel American public can develop an may open refuge areas to any use, limits, methods of hunting or sport appreciation for fish and wildlife. The including hunting and/or sport fishing, fishing, descriptions of areas open to Improvement Act established six upon a determination that such uses are hunting or sport fishing, and other wildlife-dependent recreational uses,

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33203

when compatible, as the priority general We develop specific management New Hunting and Sport Fishing public uses of the Refuge System. These plans for each refuge prior to opening it Programs uses are: Hunting, fishing, wildlife to hunting or sport fishing. In many In preparation for new openings, we observation and photography, and cases, we develop refuge-specific prepare and approve, at the appropriate environmental education and regulations to ensure the compatibility Regional Office and in Washington, interpretation. of the programs with the purpose(s) for documentation of National The Recreation Act authorizes the which we established the refuge and the Environmental Policy Act (NEPA) and Secretary to administer areas within the Refuge System mission. We ensure the Endangered Species Act; and we Refuge System for public recreation as initial compliance with the consult with the State and, where an appropriate incidental or secondary Administration Act and the Recreation appropriate, Tribal wildlife management use only to the extent that doing so is Act for hunting and sport fishing on agency. The Regional Director(s) certify practicable and not inconsistent with newly acquired refuges through an that the opening of these refuges to the primary purpose(s) for which interim determination of compatibility hunting and/or sport fishing has been Congress and the Service established the made at or near the time of acquisition. found to be compatible with the areas. The Recreation Act requires that These regulations ensure that we make purpose(s) for which the respective any recreational use of refuge lands be the determinations required by these refuge(s) were established and the Refuge System mission. Copies of the compatible with the primary purpose(s) acts prior to adding refuges to the lists compatibility determinations for these for which we established the refuge and of areas open to hunting and sport respective refuges are available by not inconsistent with other previously fishing in 50 CFR part 32. We ensure request to the Regional office noted authorized operations. continued compliance by the development of comprehensive under the heading ‘‘Available The Administration Act and conservation plans, specific plans, and Information for Specific Refuges.’’ Recreation Act also authorize the The annotated chart below by annual review of hunting and sport Secretary to issue regulations to carry summarizes our proposed changes. The fishing programs and regulations. out the purposes of the Acts and key below the chart explains the regulate uses. symbols used:

TABLE 1.—CHANGES FOR 2008–2009 HUNTING/FISHING

Upland National wildlife refuge State Migratory bird hunting hunting Big game hunting Fishing

Agassiz ...... MN ...... B ...... B ...... Previously published. Hamden Slough ...... MN ...... A ...... A. Blackwater ...... MD ...... B ...... B ...... Previously published ...... Previously published. Whittlesey Creek ...... WI ...... Previously published ...... B. Tensas River ...... LA ...... D ...... D ...... D ...... Previously published. Upper Ouachita ...... LA ...... D ...... D ...... C/D ...... D. A = Refuge added and activities opened. B = Refuge already listed; added hunt category. C = Refuge already listed; added species to hunt category. D = Refuge already listed and opened to this activity; added land.

We are adding one refuge to the list opportunities, but this did not result in Fish Advisory of areas open for hunting and/or sport any regulatory changes. For health reasons, anglers should fishing and increasing opportunities at We are removing Stillwater Wildlife review and follow State-issued six refuges. We proposed these same Management Area in the State of consumption advisories before enjoying changes in the 2006–2007 refuge- Nevada from the list of refuges in 50 recreational sport fishing opportunities specific regulations (71 FR 41864, July CFR part 32. The Bureau of Reclamation on Service-managed waters. You can 24, 2006) but did not finalize them. We holds primary jurisdiction over these find information about current fish are reproposing these changes with this lands by virtue of a public lands consumption advisories on the Internet rulemaking. We have made significant withdrawal for drainage for the 1902 at: http://www.epa.gov/ost/fish/. changes to the analysis of impacts under Newlands Reclamation Project. The the requirements of the National 1948 Tripartie Agreement with the Request for Comments Environmental Policy Act (NEPA) to Service, Nevada Board of Fish and You may comment and send materials address inadequacies in our ‘‘opening’’ Game Commissioners (Nevada), and the on this proposed rule by any one of the process found by Judge Ricardo Urbina Truckee-Carson Irrigation District methods listed in the ADDRESSES in his ruling in The Fund for Animals (Truckee-Carson) expired and has not section. We will not accept comments v. Dale Hall, 448 F. Supp. 2d.127, been renewed. sent by e-mail or fax or to an address not August 31, 2006. We believe that our We have cross-referenced a number of listed in the ADDRESSES section. We will new NEPA analysis satisfies our legal existing regulations in 50 CFR parts 26, not accept anonymous comments; your requirements. Due to the delays 27, and 32 to assist hunting and sport comment must include your first and experienced because of the lawsuit, no fishing visitors with understanding last name, city, State, country, and rulemakings were published for the safety and other legal requirements on postal (zip) code. Finally, we will not 2007–2008 season. refuges. This redundancy is deliberate, consider hand-delivered comments that Bayou Cocodrie National Wildlife with the intention of improving safety we do not receive, or mailed comments Refuge in the State of Louisiana added and compliance in our hunting and that are not postmarked, by the date new lands available to all existing sport fishing programs. specified in the DATES section.

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 33204 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

We will post your entire comment— aspects of this process (comprehensive programs, or the rights and obligations including your personal identifying conservation plans, compatibility of their recipients. information—on http:// determinations, environmental (d) Whether the rule raises novel legal www.regulations.gov. If you provide assessments) that 30 days is adequate or policy issues. personal identifying information in for public comment. Any additional Regulatory Flexibility Act addition to the required items specified delay would hinder the effective in the previous paragraph, such as your planning and administration of our Under the Regulatory Flexibility Act street address, phone number, or e-mail hunting and fishing programs. (as amended by the Small Business address, you may request at the top of Even after issuance of a final rule, we Regulatory Enforcement Fairness Act your document that we withhold this accept comments, suggestions, and [SBREFA] of 1996) (5 U.S.C. 601 et seq.), information from public review. concerns for consideration for any whenever a Federal agency is required However, we cannot guarantee that we appropriate subsequent rulemaking. to publish a notice of rulemaking for any proposed or final rule, it must will be able to do so. When finalized, we will incorporate prepare and make available for public Comments and materials we receive, these regulations into 50 CFR part 32. comment a regulatory flexibility as well as supporting documentation we Part 32 contains general provisions and analysis that describes the effect of the used in preparing this proposed rule, refuge-specific regulations for hunting rule on small entities (i.e., small will be available for public inspection and sport fishing on refuges. on http://www.regulations.gov, or by businesses, small organizations, and appointment, during normal business Clarity of This Rule small government jurisdictions). However, no regulatory flexibility hours, at the U.S. Fish and Wildlife Executive Order (E.O.) 12866 requires analysis is required if the head of an Service; 4401 N. Fairfax Drive, Suite each agency to write regulations that are agency certifies that the rule would not 670; Arlington, Virginia 22203; (703) easy to understand. We invite your have a significant economic impact on 358–2397. comments on how to make this a substantial number of small entities. Public Comment proposed rule easier to understand, Thus, for a regulatory flexibility analysis Department of the Interior policy is, including answers to questions such as to be required, impacts must exceed a whenever practicable, to afford the the following: (1) Are the requirements threshold for ‘‘significant impact’’ and a public a meaningful opportunity to in the rule clearly stated? (2) Does the threshold for a ‘‘substantial number of participate in the rulemaking process. rule contain technical language or small entities.’’ See 5 U.S.C. 605(b). The process of opening refuges is done jargon that interferes with its clarity? (3) SBREFA amended the Regulatory in stages, with the fundamental work Does the format of the rule (e.g., Flexibility Act to require Federal being performed on the ground at the grouping and order of sections, use of agencies to provide a statement of the refuge and in the community where the headings, paragraphing) aid or reduce factual basis for certifying that a rule program is administered. In these stages, its clarity? (4) Would the rule be easier would not have a significant economic the public is given other opportunities to understand if it were divided into impact on a substantial number of small to comment, for example, on the more (but shorter) sections? (5) Is the entities. comprehensive conservation plans, description of the rule in the This proposed rule does not increase compatibility determinations, and SUPPLEMENTARY INFORMATION section of the number of recreation types allowed environmental assessments. The second the preamble helpful in understanding on the System but establishes a hunting stage is this document, when we the rule? (6) What else could we do to program on one refuge and expands publish the proposed rule in the Federal make the proposed rule easier to activities at six other refuges. As a Register for additional comment, understand? Send a copy of any result, opportunities for wildlife- commonly a 30-day comment period. comments on how we could make this dependent recreation on national We make every attempt to collect all proposed rule easier to understand to: wildlife refuges will increase. The of the proposals from the refuges Office of Regulatory Affairs, Department changes in the number of allowed use(s) nationwide and process them of the Interior, Room 7229, 1849 C are likely to increase visitor activity on expeditiously to maximize the time Street, NW., Washington, DC 20240. these national wildlife refuges. available for public review. We believe You may e-mail your comments to: Recreational user days are expected to that a 30-day comment period, through [email protected]. increase by 475 fishing days and 8,352 the broader publication following the Regulatory Planning and Review hunting days. However, this is likely to earlier public involvement, gives the be a substitute site for the activity and public sufficient time to comment and The Office of Management and Budget not necessarily an overall increase in allows us to establish hunting and (OMB) has determined that this rule is participation rates for the activity. fishing programs in time for the not significant and has not reviewed New recreational user days generate upcoming seasons. Many of these rules this rule under Executive Order 12866 expenditures associated with also relieve restrictions and allow the (E.O. 12866). OMB bases its recreational activities on refuges’ public to participate in recreational determination on the following four wilderness areas. Due to the activities on a number of refuges. In criteria: unavailability of site-specific addition, in order to continue to provide (a) Whether the rule will have an expenditure data, we use the national for previously authorized hunting annual effect of $100 million or more on estimates from the 2001 National Survey opportunities while at the same time the economy or adversely affect an of Fishing, Hunting, and Wildlife providing for adequate resource economic sector, productivity, jobs, the Associated Recreation to identify protection, we must be timely in environment, or other units of the expenditures for food and lodging, providing modifications to certain government. transportation, and other incidental hunting programs on some refuges. (b) Whether the rule will create expenses. Using the average We considered providing a 60-day, inconsistencies with other Federal expenditures for these categories with rather than a 30-day, comment period. agencies’ actions. the maximum expected additional However, we feel, in conjunction with (c) Whether the rule will materially participation on the Refuge System previous comment periods on other affect entitlements, grants, use fees, loan yields approximately $68,700 in fishing-

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33205

related expenditures and $831,300 in Since most of the fishing and hunting within the retail trade industry (such as hunting-related expenditures. occurs within 100 miles of a hotels, gas stations, taxidermy shops, By having ripple effects throughout participant’s residence, it is unlikely bait and tackle shops) may benefit from the economy, these direct expenditures that most of this spending would be some increased refuge visitation. A large are only part of the economic impact of ‘‘new’’ money coming into a local percentage of these retail trade economy; therefore, this spending recreational user days. Using a national establishments in the majority of would be offset with a decrease in some impact multiplier for hunting activities affected counties qualify as small other sector of the local economy. The (2.73) derived from the report businesses (Table 2). net gain to the local economies would We expect that the incremental ‘‘Economic Importance of Hunting in be no more than $2.5 million, and most America’’ and a national impact likely considerably less. Since 80 recreational opportunities will be multiplier for sportfishing activities percent of the participants travel fewer scattered, and so we do not expect that (2.79) from the report ‘‘Sportfishing in than 100 miles to engage in hunting and the rule will have a significant America’’ for the estimated increase in fishing activities, their spending economic effect (benefit) on a direct expenditures yields a total patterns would not add new money into substantial number of small entities in economic impact of approximately $2.4 the local economy and, therefore, the any region or nationally. Using the million (2006 dollars) (Southwick real impact would be on the order of estimate derived in the Regulatory Associates, Inc., 2003). (Using a local $488,000 annually. Planning and Review section, we expect impact multiplier would yield more To the extent visitors spend time and approximately $488,000 to be spent in accurate and smaller results. However, money in the area of the refuge that they total in the refuges’ local economies. we employed the national impact would not have spent there anyway, The maximum increase ($2.4 million if multiplier due to the difficulty in they contribute new income to the all spending were new money) at most developing local multipliers for each regional economy and benefit local would be less than 1 percent for local specific region.) businesses. Many small businesses retail trade spending (Table 2).

TABLE 2.—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR 2008–2009 [2005 dollars in thousands]

Estimated Retail trade in maximum Addition as a Total number Establish. with Refuge/county(ies) 2002 addition from % of total retail establish. < 10 emp. new activities

Agassiz: Marshall, MN ...... $80,352 $4 0.005 43 35 Hamden Slough: Becker, MN ...... 351,508 16 0.005 159 117 Blackwater: Dorchester, MD ...... 259,667 48 0.018 123 91 Whittlesey Creek: Ashland, WI ...... 185,394 2 0.001 94 70 Bayou Cocodrie: Concordia, LA...... 135,975 63 0.047 82 60 Tensas River: Franklin, LA ...... 205,637 53 0.026 83 63 Madison, LA ...... 78,207 53 0.068 42 31 Tensas, LA ...... 23,931 53 0.222 26 22 Upper Ouachita Morehouse, LA ...... 231,753 76 0.033 115 91 Union, LA...... 127,496 76 0.059 70 57

With the small increase in overall Small Business Regulatory Enforcement large would not be sufficient to make spending anticipated from this proposed Fairness Act this a major rule. The impact would be rule, it is unlikely that a substantial scattered across the country and would The proposed rule is not a major rule most likely not be significant in any number of small entities will have more under 5 U.S.C. 804(2), the Small than a small benefit from the increased Business Regulatory Enforcement local area. spending near the affected refuges. Fairness Act. We anticipate no b. Would not cause a major increase Therefore, we certify that this proposed significant employment or small in costs or prices for consumers; rule will not have a significant business effects. This rule: individual industries; Federal, State, or economic effect on a substantial number a. Would not have an annual effect on local government agencies; or of small entities as defined under the the economy of $100 million or more. geographic regions. This proposed rule Regulatory Flexibility Act (5 U.S.C. The additional fishing and hunting would have only a slight effect on the 601). An initial/final Regulatory opportunities at these refuges would costs of hunting and fishing Flexibility Analysis is not required. generate angler and hunter expenditures opportunities for Americans. Under the Accordingly, a Small Entity Compliance with an economic impact estimated at assumption that any additional hunting Guide is not required. $2.4 million per year (2006 dollars). and fishing opportunities would be of Consequently, the maximum benefit of high quality, participants would be this rule for businesses both small and attracted to the refuge. If the refuge were

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 33206 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

closer to the participants’ residences, Federalism (E.O. 13132) control number. We will ask OMB to then a reduction in travel costs would As discussed in the Regulatory approve necessary information occur and benefit the participants. The Planning and Review and Unfunded collection(s). Service does not have information to Mandates Reform Act sections above, Endangered Species Act Section 7 quantify this reduction in travel cost but this proposed rule would not have Consultation assumes that, since most people travel sufficient Federalism implications to In preparation for new openings, we less than 100 miles to hunt and fish, the warrant the preparation of a Federalism comply with Section 7 of the reduced travel cost would be small for Assessment under E.O. 13132. In Endangered Species Act. Copies of the the additional days of hunting and preparing this proposed rule, we Section 7 evaluations may be obtained fishing generated by this proposed rule. worked with State governments. We do not expect this proposed rule to by contacting the regions listed under affect the supply or demand for fishing Civil Justice Reform (E.O. 12988) Available Information for Specific and hunting opportunities in the United In accordance with E.O. 12988, the Refuges. For the proposals to open or to States and, therefore, it should not affect Office of the Solicitor has determined add opportunities at national wildlife prices for fishing and hunting that the proposed rule would not refuges for hunting and/or fishing, we equipment and supplies, or the retailers unduly burden the judicial system and have determined that at Hamden Slough that sell equipment. Additional refuge that it meets the requirements of National Wildlife Refuge, and Tensas hunting and fishing opportunities sections 3(a) and 3(b)(2) of the Order. River National Wildlife Refuge, the would account for less than 0.001 The regulation would clarify established actions are not likely to adversely affect percent of the available opportunities in regulations and result in better listed species or designated critical the United States. understanding of the regulations by habitat. For the proposals at Whittlesey c. Would not have significant adverse refuge visitors. Creek National Wildlife Refuge and effects on competition, employment, Blackwater National Wildlife Refuge, we investment, productivity, innovation, or Energy Supply, Distribution or Use have determined the actions will have the ability of United States-based (E.O. 13211) no effect on any listed species or critical enterprises to compete with foreign- On May 18, 2001, the President issued habitat. For Bayou Cocodrie National based enterprises. This proposed rule E.O. 13211 on regulations that Wildlife Refuge, Upper Ouachita represents only a small proportion of significantly affect energy supply, National Wildlife Refuge, and Agassiz recreational spending of a small number distribution, and use. E.O. 13211 National Wildlife Refuge, we have of affected anglers and hunters, requires agencies to prepare Statements determined the actions may affect but approximately a maximum of $2.4 of Energy Effects when undertaking are not likely to adversely affect listed million annually in impact. Therefore, certain actions. Because this proposed species/critical habitat. this rule would have no measurable rule would add one refuge to the list of We also comply with Section 7 of the economic effect on the wildlife- areas open for hunting and increase the ESA when developing comprehensive dependent industry, which has annual activities at six refuges, it is not a conservation plans (CCPs) and step- sales of equipment and travel significant regulatory action under E.O. down management plans for public use expenditures of $72 billion nationwide. 12866 and is not expected to of refuges, and prior to implementing Refuges that establish hunting and significantly affect energy supplies, any new or revised public recreation fishing programs may hire additional distribution, and use. Therefore, this program on a refuge as identified in 50 staff from the local community to assist action is a not a significant energy CFR 26.32. with the programs, but this would not action and no Statement of Energy National Environmental Policy Act be a significant increase because we are Effects is required. opening only one refuge to hunting and Based upon review of the refuge- Consultation and Coordination With only six refuges are increasing activities specific Environmental Assessments for Indian Tribal Governments (E.O. by this proposed rule. the opening of new or expansion of 13175) existing hunting programs on 7 national Unfunded Mandates Reform Act In accordance with E.O. 13175, we wildlife refuges (Agassiz NWR, Hamden Since this proposed rule would apply have evaluated possible effects on Slough NWR, Blackwater NWR, to public use of federally owned and federally recognized Indian tribes and Whittlesey Creek, Bayou Cocodrie NWR, managed refuges, it would not impose have determined that there are no Tensas River NWR, and Upper Ouachita an unfunded mandate on State, local, or effects. We coordinate recreational use NWR), and of associated documentation Tribal governments or the private sector on national wildlife refuges with Tribal referenced below, it is our of more than $100 million per year. The governments having adjoining or determination that the action of opening rule would not have a significant or overlapping jurisdiction before we or expanding hunting programs on these unique effect on State, local, or Tribal propose the regulations. 7 refuges as described and which will be governments or the private sector. A codified by rulemaking in 2008, does Paperwork Reduction Act statement containing the information not constitute a major Federal action required by the Unfunded Mandates This regulation does not contain any significantly affecting the quality of the Reform Act (2 U.S.C. 1531 et seq.) is not information collection requirements human environment under the meaning required. other than those already approved by of section 102(2)(c) of the National the Office of Management and Budget Environment Policy Act of 1969 (as Takings (E.O. 12630) under the Paperwork Reduction Act (44 amended). As such, an environmental In accordance with E.O. 12630, this U.S.C. 3501 et seq.) (OMB Control impact statement is not required. proposed rule would not have Number is 1018–0102). See 50 CFR We have further prepared a significant takings implications. This 25.23 for information concerning that Cumulative Impact Report that analyzes regulation would affect only visitors at approval. An agency may not conduct or the cumulative impacts of these national wildlife refuges and describe sponsor and a person is not required to proposed openings. In this Report we what they can do while they are on a respond to a collection of information evaluate cumulative impacts within the refuge. unless it displays a currently valid OMB context of the new and expanded

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33207

hunting and fishing programs on the Boulevard, Atlanta, GA 30345; Tensas River National Wildlife Refuge seven refuges combined and within the Telephone (404) 679–7166. A. Migratory Game Bird Hunting. context of hunting and fishing programs Region 5—Connecticut, Delaware, *** on the Refuge System as a whole. District of Columbia, Maine, Maryland, * * * * * Prior to the addition of a refuge to the Massachusetts, New Hampshire, New 3. We allow refuge hunters to enter list of areas open to hunting and fishing Jersey, New York, Pennsylvania, Rhode the refuge no earlier than 4 a.m., and in 50 CFR part 32, we develop hunting Island, Vermont, Virginia and West they must depart no later than 2 hours and fishing plans for the affected Virginia. Regional Chief, National after legal sunset unless they are refuges. We incorporate these proposed Wildlife Refuge System, U.S. Fish and participating in the refuge raccoon hunt. refuge hunting and fishing activities in Wildlife Service, 300 Westgate Center the refuge CCPs and/or other step-down Drive, Hadley, MA 01035–9589; * * * * * management plans, pursuant to our Telephone (413) 253–8306. 5. We allow shotguns equipped with refuge planning guidance in 602 Fish Region 6—Colorado, Kansas, a single-piece magazine plug that allows and Wildlife Service Manual (FW) 1, 3, Montana, Nebraska, North Dakota, the gun to hold no more than two shells and 4. We prepare these CCPs and step- South Dakota, Utah, and Wyoming. in the magazine and one in the chamber. down plans in compliance with section Regional Chief, National Wildlife Refuge We prohibit target practicing or shooting 102(2)(C) of NEPA and the Council on System, U.S. Fish and Wildlife Service, to unload modern firearms on the refuge Environmental Quality’s regulations for 134 Union Blvd., Lakewood, CO 80228; at any time. Shotgun hunters must implementing NEPA in 40 CFR parts Telephone (303) 236–8145. possess only an approved nontoxic shot when hunting migratory birds (see 1500–1508. We invite the affected Region 7—Alaska. Regional Chief, § 32.2(k)). We require hunters to unload public to participate in the review, National Wildlife Refuge System, U.S. and encase all guns transported in development, and implementation of Fish and Wildlife Service, 1011 E. automobiles and boats or on all-terrain these plans. Copies of all plans and Tudor Rd., Anchorage, AK 99503; vehicles (see § 27.42(b) of this chapter). NEPA compliance are available from the Telephone (907) 786–3545. refuges at the addresses provided below. We allow firearms on the refuge only Primary Author during the refuge hunting season. Available Information for Specific 6. We prohibit permanent or pit Leslie A. Marler, Management Refuges blinds on the refuge. You must remove Analyst, Division of Conservation all blind material sand decoys following Individual refuge headquarters retain Planning and Policy, National Wildlife each day’s hunt (see § 27.93 of this information regarding public use Refuge System, is the primary author of chapter). programs and conditions that apply to this rulemaking document. their specific programs and maps of * * * * * their respective areas. If the specific List of Subjects in 50 CFR Part 32 9. We prohibit baiting or the refuge you are interested in is not Fishing, Hunting, Reporting and possession of bait at any time while on mentioned below, then contact the recordkeeping requirements, Wildlife, the refuge (see § 32.2(h)). appropriate Regional offices listed Wildlife refuges. * * * * * below: For the reasons set forth in the 11. While visiting the refuge, we Region 1—California, Hawaii, Idaho, preamble, we propose to amend title 50, prohibit: Spotlighting, littering, fires, Nevada, Oregon, and Washington. Chapter I, subchapter C of the Code of trapping, mandrives for game, Regional Chief, National Wildlife Refuge Federal Regulations as follows: possession of alcoholic beverages in System, U.S. Fish and Wildlife Service, hunting areas, possession of open Eastside Federal Complex, Suite 1692, PART 32—[AMENDED] alcoholic beverage containers, flagging, 911 N.E. 11th Avenue, Portland, OR engineers tape, paint, unleashed pets, 1. The authority citation for part 32 97232–4181; Telephone (503) 231–6214. and parking/blocking trail and gate continues to read as follows: Region 2—Arizona, New Mexico, entrances. We prohibit hunting within Oklahoma, and Texas. Regional Chief, Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 150 feet (45 m) of: A designated public National Wildlife Refuge System, U.S. 664, 668dd–668ee, and 715i. road, maintained road, trail, fire breaks, Fish and Wildlife Service, Box 1306, 2. Amend § 32.7 ‘‘What refuge units dwellings, and above-ground oil and gas 500 Gold Avenue, Albuquerque, NM are open to hunting and/or sport production facilities. We define a 87103; Telephone (505) 248–7419. fishing?’’ by: maintained road or trail as one which Region 3—Illinois, Indiana, Iowa, a. Adding Hamden Slough National has been mowed, disked, or plowed. Michigan, Minnesota, Missouri, Ohio, Wildlife Refuge in the State of 12. We require a Tensas River and Wisconsin. Regional Chief, National Minnesota; and National Wildlife Refuge Access Permit Wildlife Refuge System, U.S. Fish and b. Removing Stillwater Wildlife for all migratory bird hunts. You will Wildlife Service, 1 Federal Drive, Management Area in the State of find the permits on the front of the Federal Building, Fort Snelling, Twin Nevada. Public Use Regulation brochure. Cities, MN 55111; Telephone (612) 713– 3. Amend § 32.37 Louisiana by: * * * * * 5401. Hamden Slough National Wildlife a. Revising paragraphs A.3., A.5., A.6., B. Upland Game Hunting. *** Refuge, 21212 210th Street, Audubon, A.9., A.11., A.12, B.2., B.6. and B.7, * * * * * Minnesota 56511; Telephone (218) 439– adding paragraphs B.8 through B.10., 2. We allow squirrel and rabbit 6319. and revising paragraph C. of Tensas hunting with and without dogs. We will Region 4—Alabama, Arkansas, River National Wildlife Refuge; and allow hunting without dogs from the Florida, Georgia, Kentucky, Louisiana, b. Revising paragraphs A., B., and C. beginning of the State season to a date Mississippi, North Carolina, Tennessee, of Upper Ouachita National Wildlife typically ending the day before the South Carolina, Puerto Rico, and the Refuge to read as follows: refuge deer muzzleloader hunt. We do Virgin Islands. Regional Chief, National not require hunters to wear hunter Wildlife Refuge System, U.S. Fish and § 32.37 Louisiana. orange during the squirrel and rabbit Wildlife Service, 1875 Century * * * * * hunt without dogs. Squirrel and rabbit

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 33208 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

hunting will begin again, with or be available at Refuge Headquarters in 11. We allow muzzleloader hunters to without dogs, the day after the refuge July. We restrict hunters using a discharge their muzzleloaders at the end deer muzzleloader hunt and will muzzleloader during this hunt to areas of each hunt safely into the ground at conclude the last day of the refuge where we allow modern firearms. least 150 feet (45 m) from any squirrel season which typically ends on 4. We will conduct guided quota designated public road, maintained February 15. youth deer hunts and guided quota road, trail, fire breaks, dwellings, or * * * * * physically challenged deer hunts in the above-ground oil and gas production 6. We allow .22 caliber rimfire Greenlea Bend area typically in facilities. We define a maintained road weapons and shotguns equipped with a December and January. Hunt dates and or trail as one which has been mowed, single-piece magazine plug that allows permit application procedures will be disked, or plowed and one which is free the gun to hold no more than two shells available at the Refuge Headquarters in of trees. in the magazine and one in the chamber. July. 12. We prohibit deer hunters leaving 5. We will conduct a refuge-wide We prohibit target practicing or shooting deer stands unattended before the youth deer hunt during the State-wide to unload modern firearms on the refuge opening day of the refuge archery youth hunt weekend typically in at any time. Shotgun hunters must season, and hunters must remove stands November. Hunt dates will be available possess only an approved nontoxic shot by the end of the last day of the refuge at Refuge Headquarters in July. Each when hunting upland game (see archery season. Hunters must clearly participating youth must: Be age 8–15, § 32.2(k)). We require hunters to unload mark stands left unattended on the possess proof of completion of an and encase all guns transported in refuge with the name and address of the approved Hunter Safety Course, and be automobiles and boats or on all-terrain owner of the stand. Hunters must accompanied at all times by an adult age vehicles (see § 27.42(b) of this chapter). remove portable stands from trees daily 21 or older. Each adult hunter may and place freestanding stands in a We define loaded as shells in gun or supervise only one youth. caps on muzzleloader. We allow nonhunting position when unattended. 6. Hunters may take only one deer 13. We require deer hunters using firearms on the refuge only during the (one buck or one doe) per day during muzzleloaders or modern firearms to refuge hunting season. refuge deer hunts except during guided display a solid hunter-orange cap on 7. We require all upland game hunters youth and physically challenged hunts their head and a solid hunter-orange to report their game immediately after where the limit will be one antlerless vest over their outermost garment each hunt at the check station nearest and one antlered deer per day. covering their chest and back. Hunters the point of take. 7. We allow turkey hunting the first must display the solid hunter-orange 8. Conditions A7, A10, A11, and A13 16 days of the State turkey season. We items at all times while in the field. apply. will conduct a youth turkey hunt the 14. We require muzzleloader and 9. We prohibit any hunter to use Saturday and Sunday before the regular modern firearms hunters utilizing climbing spikes or to hunt from a tree State turkey season. You may harvest ground blinds to display 400 square that contains screw-in steps, nails, two bearded turkeys per season. We inches (2,600 cm2) of hunter orange screw-in umbrellas, or any metal objects allow the use and possession of lead outside of the blind that is visible from that could damage trees (see § 32.2(i)). shot while turkey hunting on the refuge all sides of the blind. Hunters must wear 10. We require a Tensas River (see § 32.2(k)). We allow use of orange vests and hats as their outermost National Wildlife Refuge Access Permit nonmotorized bicycles on designated garments while inside the blind. for all upland game hunts. Hunters will all-terrain vehicle trails. Although you 15. We require all deer and turkey find permits on the front of the Public may hunt turkeys without displaying a hunters to report their game Use Regulations brochure. solid hunter orange cap or vest during immediately after each hunt at the C. Big Game Hunting. We allow your turkey hunt, we do recommend its check station nearest to the point of hunting of white-tailed deer and turkey use. take. on designated areas of the refuge subject 8. Conditions A3, A7, A9, A11, A13, 16. We prohibit baiting or the to the following conditions: and B9 apply. possession of bait while on the refuge at 1. Deer archery season will begin the 9. In areas posted ‘‘Closed Area,’’ we any time. We prohibit possession of first Saturday in November and will prohibit big game hunting at any time. chemical baits or attractants used as conclude on the last day of the State ‘‘Closed Area’’(s), which we designate bait. archery season which is generally on the Public Use Regulations brochure 17. We require a Tensas River January 31. We require that archery map, are closed to all hunts. National Wildlife Refuge Access Permit hunters, including crossbow hunters, 10. We allow shotguns that are for all big game hunts. You will find the possess proof of completion of the equipped with a single-piece magazine permits on the front of the Public Use International Bowhunters Safety Course. plug that allows the gun to hold no Regulations brochure. We prohibit archery hunting during the more than two shells in the magazine * * * * * following refuge-wide deer hunts: Youth and one in the chamber. We allow gun hunt and modern firearms hunts. shotgun hunters to use rifled slugs only Upper Ouachita National Wildlife We prohibit possession of pods, drug- when hunting deer. We prohibit hunters Refuge tipped arrows, or other chemical using or possessing buckshot while on A. Migratory Game Bird Hunting. We substances. the refuge. We prohibit target practicing allow hunting of waterfowl (duck, 2. Deer muzzleloader season will be 3 or shooting to unload modern firearms goose, coot, gallinule, rail, snipe), days and occur on a Monday, Tuesday, on the refuge at any time. We require woodcock, and dove on designated and Wednesday in January. We will hunters to unload and encase all guns areas of the refuge in accordance with allow in-line muzzleloaders and transported in automobiles and boats or State regulations subject to the magnified scopes. on all-terrain vehicles (see § 27.42(b) of following conditions: 3. We will conduct two 2-day quota this chapter). We define loaded as shells 1. Hunters must possess and carry a modern firearms hunts for deer typically in gun or caps on muzzleloader. We signed refuge permit. in the month of December. Hunt dates allow firearms on the refuge only during 2. We allow waterfowl hunting on the and permit application procedures will the refuge hunting season. west side of the Ouachita River north of

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33209

RCW Road. We allow waterfowl hunting the east side of the Ouachita River regulations on Wildlife Management on the east side of the Ouachita River outside the Mollicy levee and south of Areas. outside the Mollicy levee and south of the crude oil pipeline which runs 8. We prohibit hunters placing stands the crude oil pipeline which runs through Township 22N range 4E or hunting from stands on pine trees through Township 22N range 4E sections 2,3,4 within the levee. with white-painted bands/rings. sections 2, 3, 4 within the levee. 3. We prohibit possession of firearms 9. Youth hunters under age 16 must 3. We allow woodcock hunting west larger than .22 caliber rimfire, shotgun successfully complete a State-approved of the Ouachita River. We allow slugs, and buckshot. hunter education course. While hunting, woodcock hunting on the east side of 4. We allow hunting of raccoon and each youth must possess and carry a the Ouachita River outside the Mollicy opossum during the daylight hours card or certificate of completion. Each levee and south of the crude oil pipeline (legal sunrise to legal sunset) of rabbit youth hunter must remain within sight which runs through Township 22N and squirrel season. We allow night and normal voice contact of an adult age range 4E sections 2, 3, 4 within the hunting (legal sunset to legal sunrise) 21 or older. Each adult may supervise levee. during December and January, and we no more than one youth hunter. 4. We allow dove hunting during the allow use of dogs for night hunting. We 10. We will hold a limited lottery first 3 days of the State season east of prohibit the selling of raccoon and youth turkey hunt on the Saturday of the Ouachita River outside the Mollicy opossum taken on the refuge for human the State youth turkey hunt weekend. levee and south of the crude oil pipeline consumption. 11. We prohibit possession or which runs through Township 22N 5. We allow the use of dogs to hunt distribution of bait or hunting with the range 4E sections 2, 3, 4 within the squirrel and rabbit after the last refuge aid of bait, including any grain, salt, levee. Gun Deer Hunt. minerals, or other feed or nonnaturally 5. We allow waterfowl hunting until 6. To use horses and mules to hunt occurring attractant on the refuge (see 12 p.m. (noon) during the State season. raccoon and opossum at night, hunters § 32.2(h)). 6. We will hold a limited youth must first obtain a special permit at the 12. We allow hunting of hog during waterfowl lottery hunt during the State refuge office. all open refuge hunts with weapons Youth Waterfowl Hunt. Application 7. Hunters may enter the refuge no legal for the ongoing hunt. instructions are available at the refuge earlier than 4 a.m. and must exit no later * * * * * office. than 2 hours after legal shooting hours. 4. Amend § 32.39 Maryland by 7. Hunters may enter the refuge no 8. We allow hunting of beaver and revising paragraphs A. and B. of earlier than 4 a.m. coyote during all open refuge hunts Blackwater National Wildlife Refuge to 8. We prohibit hunting within 100 with weapons legal for the ongoing read as follows: feet (30 m) of the maintained rights of hunt. ways of roads, from or across ATV trails, § 32.39 Maryland. C. Big Game Hunting. We allow and from above-ground oil, gas, or hunting of white-tailed deer, feral hog, * * * * * electrical transmission facilities. 9. We prohibit leaving boats, blinds, and turkey on designated areas of the Blackwater National Wildlife Refuge refuge in accordance with State and decoys unattended. A. Migratory Game Bird Hunting. We regulations subject to the following 10. We allow dogs to locate, point, allow hunting of goose and duck on conditions: and retrieve when hunting for migratory designated areas of the refuge in game birds. We prohibit the use of dogs 1. Conditions A1, A8, A9, A12 (to accordance with State regulations for hog hunting. hunt big game), and B7 apply. subject to the following conditions: 11. Youth hunters under age 16 must 2. We allow general gun deer hunting 1. We require refuge permits for all successfully complete a State-approved on the following days: The first hunters regardless of age. We require hunter education course. While hunting, consecutive Saturday and Sunday of that hunters possess a valid State each youth must possess and carry a November; the Friday, Saturday, and hunting license, any required stamps, card or certificate of completion. Each Sunday following Thanksgiving Day; and a photo identification. Permits are youth hunter must remain within sight and the second Saturday and Sunday nontransferable. and normal voice contact of an adult age after Thanksgiving Day. We allow 2. All refuge hunters must abide by 21 or older. Each adult may supervise archery deer hunting during the entire the terms and conditions of the refuge no more than two youth hunters. State season. permit. 12. We prohibit any person or group 3. We allow deer and feral hog B. Upland Game Hunting. We allow to act as a hunting guide, outfitter, or in hunting west of the Ouachita River. We hunting of eastern wild turkey on any other capacity that pay other allow deer hunting on the east side of designated areas of the refuge in individual(s), pays or promises to pay the Ouachita River outside the Mollicy accordance with State regulations directly or indirectly for service levee and south of the crude oil pipeline subject to the following conditions: rendered to any other person or persons which runs through Township 22N Conditions A1 and A2 apply. range 4E sections 2, 3, 4 within the hunting on the refuge, regardless of * * * * * levee. whether such payment is for guiding, 5. Amend § 32.42 Minnesota by: outfitting, lodging, or club membership. 4. The daily bag limit is one either-sex a. Revising Agassiz National Wildlife B. Upland Game Hunting. We allow deer. The State season limit applies. Refuge; and hunting of quail, squirrel, rabbit, 5. Archery hunters must possess and b. Adding Hamden Slough National raccoon, beaver, coyote, and opossum carry proof of completion of the Wildlife Refuge to read as follows: on designated areas of the refuge in International Bowhunters’ Education accordance with State regulations Program. § 32.42 Minnesota. subject to the following conditions: 6. We prohibit leaving deer stands, * * * * * 1. Conditions A1, A8, A9, A11, and blinds, and other equipment A12 (to hunt upland game) apply. unattended. Agassiz National Wildlife Refuge 2. We allow hunting west of the 7. Deer hunters must wear hunter A. Migratory Game Bird Hunting. We Ouachita River. We allow hunting on orange as per State deer hunting allow hunting of waterfowl on the

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 33210 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

Farmers Pool Unit area of the refuge in 6. Hunters may use portable stands. 1. We only allow hunting during the accordance with State regulations We prohibit construction or use of State’s muzzleloader season with subject to the following conditions: permanent blinds, permanent platforms, muzzleloaders. 1. We allow a youth hunt only (age 16 or permanent ladders. 2. Hunters may use portable stands. and under). Youth hunters age 14 and 7. You must remove all stands and We prohibit construction or use of under must be accompanied by an adult personal property from the refuge by permanent blinds, permanent platforms, age 18 or older. legal sunset of each day (see §§ 27.93 or permanent ladders. 2. We prohibit vehicles and hunters and 27.94 of this chapter). 3. Hunters must remove all stands and from entering the refuge before 5:30 a.m. 8. We prohibit hunters from personal property from the refuge at the They must leave the refuge each day as occupying illegally set up or end of each day’s hunt (see §§ 27.93 and soon as possible after legal hunting constructed ground and tree stands (see 27.94 of this chapter). hours. condition C2). 3. We prohibit the use of motorized 4. Condition A8 applies. 9. We allow the use of wheeled, boats. D. Sport Fishing. [Reserved] 4. We prohibit the construction or use nonmotorized conveyance devices (e.g., * * * * * bikes, retrieval carts) except in of permanent blinds, stands, or scaffolds 6. Amend § 32.69 Wisconsin by Wilderness Areas. (see § 27.92 of this chapter). revising paragraph C. of Whittlesey 10. We prohibit vehicles and hunters 5. You must remove all personal Creek National Wildlife Refuge to read from entering the refuge during the property, which includes boats, decoys, as follows: and blinds brought onto the refuge, each youth deer hunt until after 6 a.m. day of hunting (see §§ 27.93 and 27.94 D. Sport Fishing. [Reserved] § 32.69 Wisconsin. of this chapter). * * * * * * * * * * 6. We allow the use of hunting dogs, provided the dog is under the Hamden Slough National Wildlife Whittlesey Creek National Wildlife immediate control of the hunter at all Refuge Refuge times. A. Migratory Game Bird Hunting. We * * * * * 7. We prohibit the use of snowmobiles allow hunting of waterfowl on C. Big Game Hunting. We allow and ATVs. designated areas of the refuge in hunting of white-tailed deer on 8. We prohibit camping. accordance with State regulations designated areas of the refuge in B. Upland Game Hunting. We allow subject to the following conditions: accordance with State regulations hunting of ruffed grouse and sharp- 1. We only allow waterfowl hunting subject to the following conditions: tailed grouse on designated areas of the during the State’s Youth Waterfowl Day. refuge in accordance with State 1. We will allow archery deer hunting 2. Youth waterfowl hunters must be regulations subject to the following to take place on refuge lands owned by age 15 and under. conditions: the Service that constitute tracts greater 1. We allow hunting from the opening 3. We will only allow waterfowl than 20 acres (8 ha). of the State’s deer firearms season to the hunting in refuge tracts within Audubon 2. We prohibit hunting within a close of the regular State’s ruffed grouse and Riceville Townships. designated, signed area around the and sharp-tailed grouse seasons. 4. We prohibit the use of motorized Coaster Classroom and Northern Great 2. You may possess only approved boats. Lakes Visitor Center boardwalk. nontoxic shot while in the field (see 5. We prohibit the construction or use 3. We prohibit the construction or use § 32.2(k)). of permanent blinds, stands, or of permanent blinds or platforms. 3. We prohibit hunting in the closed scaffolds. 4. Hunters may use ground blinds or areas around the administrative 6. You must remove all personal any elevated stands only if they do not buildings. property, which includes boats, decoys, damage live vegetation, including trees 4. Conditions A2 through A8 apply. blinds, and blind materials (except for (see § 27.61 of this chapter). C. Big Game Hunting. We allow blinds made entirely of marsh 5. Hunters may construct ground hunting of white-tailed deer and moose vegetation) brought onto the refuge, blinds entirely of dead vegetation from on designated areas of the refuge in following that day’s hunt (see §§ 27.93 the refuge lands. accordance with State regulations and 27.94 of this chapter). 6. Hunters must remove all stands and subject to the following conditions: 7. We allow the use of hunting dogs, 1. We are currently closed to moose blinds from the refuge at the end of each provided the dog is under the day’s hunt (see §§ 27.93 and 27.94 of hunting until the population recovers. immediate control of the hunter at all 2. Conditions A1, A3, A4, A5, A7, and this chapter). times during the State-approved hunting A8 apply. 7. We allow motorized vehicles only 3. We allow scouting the day before season. on public roads and parking areas (see the youth deer hunt and the deer 8. We prohibit entry to hunting areas § 27.31 of this chapter). earlier than 2 hours before legal firearms hunt. * * * * * 4. We open archery hunting at the shooting hours. start of the State’s deer firearms season B. Upland Game Hunting. [Reserved] Dated: April 2, 2008. and close according to the State’s C. Big Game Hunting. We allow David M. Vehrey, archery deer season. hunting of white-tailed deer on Acting Assistant Secretary for Fish and 5. We allow muzzleloader deer designated areas of the refuge in Wildlife and Parks. hunting following the State’s accordance with State regulations [FR Doc. E8–12193 Filed 6–10–08; 8:45 am] muzzleloader season. subject to the following conditions: BILLING CODE 4310–55–P

VerDate Aug<31>2005 16:43 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 pwalker on PROD1PC71 with PROPOSALS2 Wednesday, June 11, 2008

Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 18 Marine Mammals; Incidental Take During Specified Activities; Final Rule

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33212 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Background specified activity that cannot be Section 101(a)(5)(A) of the Marine reasonably expected to, and is not Fish and Wildlife Service Mammal Protection Act (MMPA) (16 reasonably likely to, adversely affect the U.S.C. 1371(a)(5)(A)) gives the Secretary species or stock through effects on 50 CFR Part 18 of the Interior (Secretary) through the annual rates of recruitment or survival.’’ Director of the Service (we) the ‘‘Unmitigable adverse impact’’ means [FWS–R7–FHC–2008–0040; 71490–1351– ‘‘an impact resulting from the specified 0000–L5] authority to allow the incidental, but not intentional, taking of small numbers activity: (1) That is likely to reduce the RIN 1018–AU41 of marine mammals, in response to availability of the species to a level requests by U.S. citizens (you) [as insufficient for a harvest to meet Marine Mammals; Incidental Take defined in 50 CFR 18.27(c)] engaged in subsistence needs by (i) causing the During Specified Activities a specified activity (other than marine mammals to abandon or avoid hunting areas, (ii) directly displacing commercial fishing) in a specified AGENCY: Fish and Wildlife Service, subsistence users, or (iii) placing geographic region. According to the Interior. physical barriers between the marine MMPA, we shall allow this incidental ACTION: Final rule. mammals and the subsistence hunters; taking if (1) we make a finding that the and (2) that cannot be sufficiently SUMMARY: total of such taking for the 5-year The Fish and Wildlife Service mitigated by other measures to increase regulatory period will have no more (Service or we) has developed the availability of marine mammals to than a negligible impact on these regulations that authorize the nonlethal, allow subsistence needs to be met.’’ incidental, unintentional take of small species and will not have an Industry conducts activities, such as numbers of Pacific walruses (Odobenus unmitigable adverse impact on the oil and gas exploration, in marine rosmarus divergens) and polar bears availability of these species for taking mammal habitat that could result in the (Ursus maritimus) during oil and gas for subsistence use by Alaska Natives, taking of marine mammals. Although industry (Industry) exploration and (2) we issue regulations that set Industry is under no legal requirement activities in the Chukchi Sea and forth (i) permissible methods of taking, to obtain incidental take authorization, adjacent western coast of Alaska. This (ii) means of effecting the least since 1991, Industry has requested, and rule will be effective for 5 years from practicable adverse impact on the we have issued regulations for, date of issuance. We find that the total species and their habitat and on the incidental take authorization for expected takings of Pacific walruses availability of the species for conducting activities in areas of walrus (walruses) and polar bears during subsistence uses, and (iii) requirements and polar bear habitat. We issued Industry exploration activities will for monitoring and reporting. If we issue incidental take regulations for walruses impact small numbers of animals, will regulations allowing such incidental and polar bears in the Chukchi Sea for have a negligible impact on these taking, we can issue LOAs to conduct the period 1991–1996 (56 FR 27443; species, and will not have an activities under the provisions of these June 14, 1991). In the Beaufort Sea, unmitigable adverse impact on the regulations when requested by citizens incidental take regulations have been availability of these species for of the United States. issued from 1993 to present: November subsistence use by Alaska Natives. The The term ’’take,’’ as defined by the 16, 1993 (58 FR 60402); August 17, 1995 regulations include: permissible MMPA, means to harass, hunt, capture, (60 FR 42805); January 28, 1999 (64 FR methods of nonlethal taking; measures or kill, or attempt to harass, hunt, 4328); February 3, 2000 (65 FR 5275); to ensure that Industry activities will capture, or kill any marine mammal. March 30, 2000 (65 FR 16828); have the least practicable adverse Harassment, as defined by the MMPA, November 28, 2003 (68 FR 66744); and impact on the species and their habitat, for activities other than military August 2, 2006 (71 FR 43926). These and on the availability of these species readiness activities or scientific research regulations are at 50 CFR part 18, for subsistence uses; and requirements conducted by or on behalf of the Federal subpart J (§§ 18.121–18.129). for monitoring and reporting. The Government, means ‘‘any act of pursuit, Service will issue Letters of torment, or annoyance which (i) has the Summary of Current Request Authorization (LOAs) to conduct potential to injure a marine mammal or On August 5, 2005, the Alaska Oil and activities under the provisions of these marine mammal stock in the wild’’ [the Gas Association (AOGA), on behalf of regulations. MMPA calls this Level A harassment] its members, (Agrium Kenai Nitrogen DATES: This rule is effective June 11, ‘‘or (ii) has the potential to disturb a Operations, Alyeska Pipeline Service 2008, and remains effective through marine mammal or marine mammal Company, Anadarko Petroleum June 11, 2013. We find that it is stock in the wild by causing disruption Corporation, BP Exploration (Alaska) appropriate to make this rule effective of behavioral patterns, including, but Inc., Chevron, Eni Petroleum, immediately because it relieves not limited to, migration, breathing, ExxonMobil Production Company, Flint restrictions that would otherwise apply nursing, breeding, feeding, or Hills Resources, Alaska, Forest Oil under the Marine Mammal Protection sheltering’’ [the MMPA calls this Level Corporation, Marathon Oil Company, Act and therefore section 553(d)(1) of B harassment] (16 U.S.C. 1362). Petro-Canada (Alaska) Inc., Petro Star the Administrative Procedure Act The terms ‘‘small numbers,’’ Inc., Pioneer Natural Resources Alaska, applies. ‘‘negligible impact,’’ and ‘‘unmitigable Inc., Shell Exploration & Production adverse impact’’ are defined in 50 CFR Company, Tesoro Alaska Company, and FOR FURTHER INFORMATION CONTACT: 18.27 (i.e., regulations governing small XTO Energy, Inc.) requested that the Craig Perham, Office of Marine takes of marine mammals incidental to Service issue regulations to allow the Mammals Management, U.S. Fish and specified activities) as follows. ‘‘Small nonlethal, incidental take of small Wildlife Service, 1011 East Tudor Road, numbers’’ is defined as ‘‘a portion of a numbers of walruses and polar bears in Anchorage, AK 99503, telephone 907– marine mammal species or stock whose the Chukchi Sea for a period of 5 years. 786–3810 or 1–800–362–5148, or e-mail taking would have a negligible impact The Service requested additional [email protected]. on that species or stock.’’ ‘‘Negligible information from AOGA regarding the SUPPLEMENTARY INFORMATION: impact’’ is ‘‘an impact resulting from the nature, scope, and location of proposed

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33213

activities for its analysis of potential as well as projections of reasonably availability of these species for impacts on walruses, polar bears, and foreseeable activities for the period subsistence uses, and requirements for subsistence harvests of these resources. 2007–2012 described in the Chukchi monitoring and reporting. The process On November 22, 2006, Shell Offshore Sea EIS were considered in our analysis. for nonlethal incidental take regulations Inc. (SOI) provided an addendum to the The activities and geographic region will be that persons seeking taking AOGA petition describing SOI’s specified in the requests, and authorization for particular projects projected activities for 2007–2012. considered in these regulations are must apply for an LOA to cover On January 2, 2007, AOGA, on behalf described in the ensuing sections titled nonlethal take associated with specified of its members, also provided an ‘‘Description of Geographic Region’’ and exploration activities under the addendum to its original petition ‘‘Description of Activities.’’ regulations. Each group or individual referencing a Draft Environmental conducting Industry-related activity Description of Regulations Impact Statement prepared by the within the area covered by these Minerals Management Service (MMS) The regulations are limited to the regulations may request an LOA. for the Chukchi Sea Planning Area: Oil nonlethal, incidental take of small A separate LOA is mandatory for each and Gas Lease Sale 193 and Seismic numbers of walruses and polar bears activity, (i.e., geophysical survey, Surveying Activities in the Chukchi Sea associated with oil and gas exploration seismic activity, and exploratory (Chukchi Sea DEIS). The Chukchi Sea activities (geophysical seismic surveys, drilling operation). We must receive DEIS included estimates of all exploratory drilling, and associated applications for LOAs at least 90 days reasonably foreseeable oil and gas support activities) in the Chukchi Sea before the activity is to begin. activities associated with proposed and adjacent coast of Alaska and would Applicants for LOAs must submit an Outer Continental Shelf (OCS) lease be effective for a period of up to 5 years Operations Plan for the activity, a polar sales in the Chukchi Sea Planning Area. from the date of issuance. We assessed bear interaction plan, and a site-specific The AOGA petition requested that the the geographic region, as outlined in the marine mammal monitoring and Service consider activities described in ‘‘Description of Geographic Region,’’ mitigation plan to monitor the effects of the Chukchi Sea DEIS for the period and the type of industrial activities, as authorized activities on walruses and 2007–2012. On January 2, 2007, outlined in the ‘‘Description of polar bears. A report on all exploration ConocoPhillips Alaska, Inc. (CPAI), also Activities’’ section. No development or and monitoring activities must be provided an addendum to the original production activities are anticipated submitted to the Service within 90 days AOGA petition describing CPAI’s over this timeframe, or included in the after the completed activity. Details of projected activities from 2007–2012. regulations. monitoring and reporting requirements The petition and addendums are The total estimated level of activity are further described in ‘‘Potential available at: (Alaska.fws.gov/fisheries/ covered by these regulations, as Effects of Oil and Gas Industry mmm/itr.htm). The Chukchi Sea DEIS, outlined in the ‘‘Description of Activities on Pacific Walruses and Polar referenced in the AOGA petition, has Activities’’ section, was based on all Bears.’’ subsequently been finalized and is projected exploration activities Depending upon the nature, timing, available at http://www.mms.gov/ described by SOI, CPAI, and AOGA (on and location of a proposed activity, alaska/ref/EIS%20EA/Chukchi_feis_ behalf of its members) in their petitions, applicants may also have to develop a Sale193/feis_193.htm (OCS EIS/EA as well as projections of reasonably Plan of Cooperation (POC) with MMS 2007–026). foreseeable activities for the period potentially affected subsistence The combined requests are for 2007–2012 described in the Chukchi communities to minimize interactions regulations to allow the incidental, Sea EIS. If the level of activity is more with subsistence users. The POC is nonlethal take of small numbers of than anticipated, such as additional further described in ‘‘Potential Effects of walruses and polar bears in association support vessels or aircraft, more drilling Oil and Gas Industry Activities on with oil and gas activities in the units, or more miles of geophysical Subsistence Uses of Pacific Walruses Chukchi Sea and adjacent coastline surveys, the Service must re-evaluate its and Polar Bears.’’ projected out to the year 2012. The findings to determine if they continue to We will evaluate each request for an information provided by the petitioners be appropriate. LOA based upon the specific activity indicates that projected oil and gas It is important to note that these and the specific location. Each activities over this timeframe will be regulations do not authorize, or authorization will identify allowable limited to exploration activities. ‘‘permit,’’ the actual activities associated methods or conditions specific to that Development and production activities with oil and gas exploration in the activity and location. For example, we were not considered in the requests. The Chukchi Sea. Rather, they will authorize will consider seasonal or location- petitioners have also specifically the nonlethal incidental, unintentional specific restrictions to limit interactions requested that these regulations be take of small numbers of walruses and between exploration activities and issued for nonlethal take. The polar bears associated with those walrus aggregations, or interference petitioners have indicated that, through activities based on standards set forth in with subsistence hunting activities. the implementation of appropriate the MMPA. The MMS, the U.S. Army Individual LOAs will include mitigation measures, they are confident Corps of Engineers (COE), and the monitoring and reporting requirements that no lethal take will occur. Bureau of Land Management (BLM) are specific to each activity, as well as any Prior to issuing regulations in responsible for permitting activities measures necessary for mitigating response to this request, we must associated with oil and gas activities in impacts to these species and the evaluate the level of industrial Federal waters and on Federal lands. subsistence use of these species. The activities, their associated potential The State of Alaska is responsible for granting of each LOA will be based on impacts to walruses and polar bears, permitting activities on State lands and a determination that the total level of and their effects on the availability of in State waters. taking by all applicants in any one year these species for subsistence use. All The regulations include permissible is consistent with the estimated level projected exploration activities methods of nonlethal taking, measures used to make a finding of negligible described by SOI, CPAI, and AOGA (on to ensure the least practicable adverse impact and a finding of no unmitigable behalf of its members) in their petitions, impact on the species and the adverse impacts on the availability of

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33214 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

the species or the stock for subsistence requests for LOAs exceed the projected air guns are fired at short, regular uses. We will publish in the Federal scope of activity analyzed under these intervals, so the arrays emit pulsed Register a notice of issuance of LOAs. regulations, the Service will reevaluate rather than continuous sound. While More information on applying for and its findings to determine if they most of the energy is focused downward receiving an LOA can be found at 50 continue to be appropriate before and the short duration of each pulse CFR 18.27(f). further LOAs are issued. limits the total energy into the water The status of polar bears range wide The Service does not know the column, the sound can propagate was reviewed for potential listing under specific locations where oil and gas horizontally for several kilometers. the Endangered Species Act and was exploration will occur over the A 3D source array typically consists of listed as threatened on May 15, 2008 (73 proposed regulatory period. The two to three sub-arrays of six to nine air FR 28212). The Service conducted an location and scope of specific activities guns each, and is about 12.5–18 meters intra-Service section 7 consultation for will be determined based on a variety of (m) long and 16–36 m wide. The size of these regulations, which resulted in a factors, including the outcome of future the source-array can vary during the ‘‘no jeopardy’’ conclusion and Federal and State oil and gas lease sales seismic survey to optimize the developed a process to incorporate and information gathered through resolution of the geophysical data section 7 consultations under the ESA subsequent rounds of exploration collected at any particular site. Vessels into the established framework for discovery. The information provided by usually tow up to three source arrays, processing LOAs. the petitioners indicates that offshore depending on the survey-design exploration activities will be carried out specifications. Most 3D operations use a Description of Geographic Region during the open water season to avoid single source vessel; however, in a few These regulations will allow Industry seasonal pack ice. Onshore exploration instances, more than one source vessel operators to incidentally take small activities are not expected to occur in may be used. The sound-source level numbers of Pacific walruses and polar the vicinity of known polar bear (zero-to-peak) associated with typical bears within the same area, hereafter denning areas or coastal walrus 3D seismic surveys ranges between 233 referred to as the Chukchi Sea Region haulouts. and 240 decibels at 1 meter (re 1 µPa at (Figure 1). The geographic area covered Incidental take regulations do not 1 m). by the request is the continental shelf of authorize the placement and location of The vessels conducting 3D surveys the Arctic Ocean adjacent to western Industry activities; they can only are generally 70–90 m (330–295 ft) long. Alaska. This area includes the waters authorize incidental nonlethal take of Surveys are typically acquired at a (State of Alaska and OCS waters) and walruses and polar bears. Allowing the vessel speed of approximately 8.3 km/ seabed of the Chukchi Sea, which activity at particular locations is part of hour (4.5 knots). Source arrays are encompasses all waters north and west the permitting process that is authorized activated approximately every 10–15 of Point Hope (68°20′20″ N, by the lead permitting agency, such as seconds, depending on vessel speed. ¥166°50′40″ W, BGN 1947) to the U.S.- the COE or BLM. The specific dates and The timing between outgoing sound Russia Convention Line of 1867, west of durations of the individual operations signals can vary for different surveys to a north-south line through Point Barrow and their geographic locations will be achieve the desired ‘‘shot point’’ (71°23′29″ N, ¥156°28′30″ W, BGN provided to the Service in detail when spacing to meet the geological objectives 1944), and up to 200 miles north of requests for LOAs are submitted. of the survey; typical spacing is 25–37.5 Point Barrow. The region includes that Oil and gas activities anticipated and m (27–41 yards) wide. The receiving area defined as the MMS OCS oil and considered in our analysis of incidental arrays could include multiple (4–16) gas Lease Sale 193 in the Chukchi Sea take regulations include: (1) Marine- streamer-receiver cables towed behind Planning Area. The region also includes streamer 3D and 2D seismic surveys; (2) the source array. Streamer cables the terrestrial coastal land 25 miles high-resolution site-clearance surveys; contain numerous hydrophone elements inland between the western boundary of (3) offshore exploration drilling; (4) at fixed distances within each cable. the south National Petroleum Reserve- onshore seismic exploration and Each streamer can be 3–8 km (2–5 mi) Alaska (NPR–A) near Icy Cape exploratory drilling; (5) and the long with an overall array width of up (70°20′00″, ¥148°12′00″) and the north- associated support activities for the to 1,500 m (1,640 yards) between south line from Point Barrow. The afore-mentioned activities. Descriptions outermost streamer cables. geographic region encompasses an area of these activities follow. Biodegradable liquid paraffin is used to of approximately 90,000 square miles. fill the streamer and provide buoyancy. Marine-Streamer 3D and 2D Seismic This terrestrial region encompasses a Solid/gel streamer cables also are used. Surveys portion of the Northwest and South The wide extent of this towed Planning Areas of the NPR–A. It is Marine seismic surveys are conducted equipment limits both the turning speed noteworthy that the north-south line at to locate geological structures and the area a vessel covers with a Point Barrow is the western border of potentially capable of containing single pass over a geologic target. It is, the geographic region in the Beaufort petroleum accumulations. Air guns are therefore, common practice to acquire Sea incidental take regulations (71 FR the typical acoustic (sound) source for data using an offset racetrack pattern. 43926; August 2, 2006). 2-dimensional and 3-dimensional (2D Adjacent transit lines for a survey and 3D, respectively) seismic surveys. generally are spaced several hundred Description of Activities An outgoing sound signal is created by meters apart and are parallel to each This section reviews the types and venting high-pressure air from the air other across the survey area. Seismic scale of oil and gas activities projected guns into the water to produce an air- surveys are conducted day and night to occur in the Chukchi Sea Region over filled cavity (bubble) that expands and when ocean conditions are favorable, the specified time period (2007–2012). contracts. A group of air guns is usually and one survey effort may continue for This information is based upon deployed in an array to produce a weeks or months, depending on the size information provided by the petitioners downward-focused sound signal. Air of the survey. Data-acquisition is and referenced in the Chukchi Sea EIS. gun array volumes for both 2D and 3D affected by the arrays towed by the The Service has used these descriptions seismic surveys are expected to range survey vessel and weather conditions. of activity as a basis for its findings. If from 1,800–6,000 cubic inches (in3). The Typically, data are only collected

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33215

between 25 and 30 percent of the time wells are drilled; however, the number the north-south lines are 50 m apart and (or 6–8 hours a day) because of of surveys is expected to decrease over the 900 m remains the same. equipment or weather problems. In time as data is collected over the prime Including line turns, the time to addition to downtime due to weather, prospects and these prospects are tested survey a lease block is approximately 36 sea conditions, turning between lines, by drilling. hours. Air gun volumes for high- and equipment maintenance, surveys Based upon information provided by resolution surveys typically are 90–150 could be suspended to avoid the petitioners, and estimates prepared in3, and the output of a 90-in3 air gun interactions with biological resources. by the MMS in the Chukchi Sea EIS, the ranges from 229–233 dB high-resolution µ The MMS estimates that individual Service estimates that, in any given year re 1 Pa at 1m. Air gun pressures surveys could last between 20–30 days during the specified timeframe (2007– typically are 2,000 psi (pounds per (with downtime) to cover a 322 km2 2012), up to four seismic survey vessels square inch), although they can be used (200 mi2) area. could be operating simultaneously in at 3,000 psi for higher signal strength to Marine-streamer 2D surveys use the Chukchi Sea Region during the open collect data from deep in the subsurface. similar geophysical-survey techniques water season. During the 2006 open Based upon information provided by as 3D surveys, but both the mode of water season, three seismic surveys the petitioners, and estimates prepared operation and general vessel type used were conducted, while only one seismic by the MMS in the Chukchi Sea EIS, we are different. The 2D surveys provide a survey was conducted during the 2007 estimate that during the specified timeframe (2007–2012), as many as six less-detailed subsurface image because open-water season. Each seismic vessel high-resolution site surveys may be the survey lines are spaced farther apart, is expected to collect between 3,200– carried out in any given year, with the but they cover wider areas to image 14,500 km (2,000–9,000 linear miles) of majority of site surveys occurring in the geologic structure on more of a regional seismic survey data. Seismic surveys are latter part of the regulatory time period. basis. Large prospects are easily expected to occur in open water identified on 2D seismic data, but conditions between July 1 and Offshore Drilling Operations detailed images of the prospective areas November 30 each year. We estimate within a large prospect can only be seen Considering water depth and the that each seismic survey vessel will be using 3D data. The 2D seismic-survey remoteness of this area, drilling accompanied or serviced by one to three vessels generally are smaller than 3D- operations are most likely to employ support vessels. Helicopters may also be survey vessels, although larger 3D- drill ships with ice-breaker support used, when available, for vessel support survey vessels are also capable of vessels. Water depths greater than 30 m and crew changes. conducting 2D surveys. The 2D source (100 ft) and possible pack-ice incursions array typically consists of three or more High-Resolution Site-Clearance Surveys during the open-water season will sub-arrays of six to eight air gun sources preclude the use of bottom-founded each. The sound-source level (zero-to- Based on mapping of the subsurface platforms as exploration drilling rigs. peak) associated with 2D marine seismic structures using 2D and 3D seismic data, Using drill ships allows the operator to surveys are the same as 3D marine several well locations may be proposed. temporarily move off the drill site if sea seismic surveys (233–240 dB re 1 µPa at Prior to drilling deep test wells, high- or ice conditions require it. Drilling 1 m). Typically, a single hydrophone resolution site clearance seismic surveys operations are expected to range streamer cable approximately 8–12 km and geotechnical studies will be between 30 and 90 days at different well long is towed behind the survey vessel. necessary to examine the proposed sites, depending on the depth to the The 2D surveys acquire data along exploration drilling locations for target formation, difficulties during single track lines that are spread more geologic hazards, archeological features, drilling, and logging/testing operations. widely apart (usually several miles) and biological populations. Site Drill ships will operate only during the than are track lines for 3D surveys clearance and studies required for open-water season, where drifting ice (usually several hundred meters). exploration will be conducted during can prevent their operation. Both 3D and 2D marine-streamer the open water season before a drill rig A drill ship is secured over the drill surveys require a largely ice-free is mobilized to the site. A typical site by deploying anchors on as many as environment to allow effective operation consists of a vessel towing an ten to twelve mooring lines. The drill operation and maneuvering of the air acoustic source (air gun) about 25 m pipe is encased in a riser that gun arrays and long streamers. In the behind the ship and a 600-m streamer compensates for the vertical wave Chukchi Sea Region, the timing and cable with a tail buoy. The source array motion. The blowout preventer (BOP) is areas of the surveys will be dictated by usually is a single array composed of typically located at the seabed in a hole ice conditions. The data-acquisition one or more air guns. A 2D high- dug below the ice-scour depth. BOP season in the Chukchi Sea could start resolution site-clearance survey usually placement is an important safety feature sometime in July and end sometime in has a single air gun, while a 3D high- enabling the drill ship to shut down early November. Even during the short resolution site survey usually tows an operations and get underway rapidly summer season, there are periodic array of air guns. The ships travel at without exposing the well. One or more incursions of sea ice, so there is no 5.6–6.5 km/hour (3–3.5 knots), and the ice management vessels (ice breakers) guarantee that any given location will be source is activated every 7–8 seconds generally support drill ships to ensure ice free throughout the survey. (or about every 12.5 m). All vessel ice does not encroach on operations. A Approximately 160,934 km (100,000 operations are designed to be ultra- barge and tug typically accompany the line-miles) of 2D seismic surveys quiet, as the higher frequencies used in vessels to provide a standby safety already have been collected in the high-resolution work are easily masked vessel, oil spill response capabilities, Chukchi Sea program area, so the MMS by the vessel noise. Typical surveys and refueling support. Most supplies assumes that additional geophysical cover one OCS block at a time. MMS (including fuel) necessary to complete surveys will be primarily 3D surveys regulations require information be drilling activities are stored on the drill focusing on specific leasing targets gathered on a 300-by 900-m grid, which ship and support vessels. Helicopter surrounding OCS Lease Sale 193. The amounts to about 129 line kilometers of servicing of drill ships can occur as 3D surveys are likely to continue during data per lease block. If there is a high frequently as 1–2 times/day. The the early phase of exploration when probability of archeological resources, abandonment phase is initiated if

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33216 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

exploratory wells are not successful. In approximately 32 km (20 mi) south of Typically, VSP operations are staffed by a typical situation, wells are Barrow. less than eight people. Four or five of permanently plugged (with cement) and Geotechnical site investigations the operators remain in the vehicles wellhead equipment removed. The include shallow cores and soil borings (vibrators) within 1.6 to 3.2 km (1 to 2 seafloor site is restored to some to investigate soil conditions and mi) of the rig, while the others are practicable, pre-exploration condition. stratigraphy. Geotechnical properties at located at the rig. Post-abandonment surveys are select points may be integrated with On Federal lands, CPAI estimates conducted to confirm that no debris seismic data to develop a regional drilling three to six onshore wells remains following abandonment or model for predicting soil conditions in within the next five years. Drilling will those materials remain at the lease tract. areas of interest. likely include both well testing and The casings for delineation wells are Vibroseis seismic operations are VSPs. Three onshore wells are proposed either cut mechanically or with conducted both onshore and on for the 2007/2008 season. Drilling explosives during the process of well nearshore ice using large trucks with operations will require an estimated 32– abandonment. The MMS estimates that vibrators that systematically put 161 km (20–100 mi) of ice roads, 32–483 exploration wells will average 2,438 m variable frequency energy into the earth. km (20–300 mi) of rolligon trails, one to A minimum of 1.2 m (4 ft) of sea ice is (8,000 ft), will use approximately 475 four airfields approximately 1,500 m required to support heavy vehicles used tons of dry mud, and produce 600 tons (5,000 ft) in length on lakes or tundra, to transport equipment offshore for of dry rock cuttings. Considering the rig storage on gravel, possibly at new exploration activities. These ice cost of synthetic drilling fluids now sites in the Northwest NPR–A, one to conditions generally exist from January commonly used, the MMS assumes that five camps, and one to three rigs 1 until May 31. The exploration most of the drilling mud will be operating in a given year. techniques are most commonly used on reconditioned and reused. All of the landfast ice, but they can be used in Existing Mitigation Measures for Oil rock cuttings will be discharged at the areas of stable offshore pack-ice. and Gas Exploration Activities exploration site. Multiple vehicles are normally Considering the relatively short open- Measures to mitigate potential effects associated with a typical vibroseis water season in the Chukchi Sea (July– of oil and gas exploration activities on operation. One or two vehicles with marine mammal resources and November), the MMS estimates that up survey crews move ahead of the subsistence use of those resources have to four wells could be started by one rig operation and mark the source receiver been identified and developed through each drilling season. However, it is points. Occasionally, bulldozers are previous MMS lease sale National more likely that only one to two wells needed to build snow ramps on the Environmental Policy Act (NEPA) could be drilled, tested, and abandoned steep terrain or to smooth offshore review and analysis processes. The by one drill ship in any given season, rough ice within the site. leaving work on the other wells to the A typical wintertime exploration Chukchi Sea Final EIS (CS FEIS) next summer season. A total of five seismic crew consists of 40–140 (http://www.mms.gov/alaska/ref/ _ _ exploration wells have been drilled on personnel. Roughly 75 percent of the EIS%20EA/Chukchi feis Sale193/ _ the Chukchi shelf, and the MMS personnel routinely work on the active feis 193.htm (OCS EIS/EA MMS 2007– estimates that 7 to 14 additional wells seismic crew, with approximately 50 026) identifies several existing measures will be needed to discover and delineate percent of those working in vehicles and designed to mitigate potential effects of a commercial field. the remainder outside laying and oil and gas exploration activities on Based upon information provided by retrieving geophones and cables. marine mammal resources and the petitioners, and estimates prepared With the vibroseis technique, activity subsistence use of those resources (CS by the MMS in the Chukchi Sea EIS, we on the surveyed seismic line begins FEIS, Sections II.B.3; II–B.5–24). All estimate that as many as three drill with the placement of sensors. All plans for OCS exploration activities will ships could be operating in the Chukchi sensors are connected to the recording go through an MMS review and Sea Region in any given year during the vehicle by multi-pair cable sections. The approval to ensure compliance with specified timeframe (2007–2012), with vibrators move to the beginning of the established laws and regulations. the majority of exploratory drilling line, and recording begins. The vibrators Operational compliance is enforced occurring in the latter part of the move along a source line, which is at through the MMS on-site inspection regulatory time period. Each drill ship some angle to the sensor line. The program. The following MMS lease sale could drill up to four exploratory or vibrators begin vibrating in synchrony stipulations and mitigation measures delineation wells per season. Each drill via a simultaneous radio signal to all will be applied to all exploration ship is likely to be supported by one to vehicles. In a typical survey, each activities in the Chukchi Lease Sale two ice breakers, a barge and tug, one vibrator will vibrate four times at each Planning Area and the geographic to two helicopter flights per day, and location. The entire formation of region of the incidental take regulations. one to two supply ships per week. The vibrators subsequently moves forward to The Service has incorporated these operating season is expected to be the next energy input point (67 m (220 MMS Lease sale mitigation measures limited to the open-water season July 1 ft) in most applications) and repeats the into their analysis of impacts to Pacific to November 30. process. In a typical 16-to 18-hour day, walruses and polar bears in the Chukchi Sea. Onshore Seismic Exploration and a survey will complete 6 to 16 linear km MMS lease sale stipulations that will Drilling (4–10 mi) in a 2D seismic operation and 24 to 64 linear km (15–40 mi) in a 3D help minimize Industry impacts to CPAI’s petition also describes seismic operation. CPAI anticipates Pacific walruses and polar bears conducting onshore seismic exploration conducting between one and five include: and drilling over the next five years, vibroseis seismic programs onshore Oil Spill Prevention and Response including geotechnical site within the northwest NPR–A over the investigations, vibroseis, construction of next 5 years. In compliance with 30 CFR 254, Oil- ice pads, roads, and islands, and CPAI also anticipates developing Spill-Prevention and Response Plans exploratory drilling. One of these vertical seismic profiles (VSPs) to and contingency actions must be activities is the Intrepid prospect, calibrate seismic and well data. prepared by lessees to address the

VerDate Aug<31>2005 17:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33217

prevention, detection, and cleanup of the lessee meet with local communities to, immediately stop or de-energize the fuel and oil spills associated with and subsistence groups to resolve airgun array whenever a marine exploration operations. potential conflicts. The consultations mammal is seen within the zone. If the required by this stipulation ensure that airgun array is completely shut down Site-Specific Monitoring Program for the lessee, including contractors, for any reason during nighttime or poor Marine Mammal Subsistence Resources consult and coordinate both the timing sighting conditions, it shall not be re- A lessee proposing to conduct and sighting of events with subsistence energized until daylight or whenever exploration operations within users. This stipulation has proven to be sighting conditions allow for the zone to traditional subsistence use areas will be effective in the Beaufort Sea Planning be effectively monitored from the source required to conduct a site-specific Area in mitigating offshore exploration vessel and/or through other passive monitoring program designed to assess activities through the development of acoustic, aerial, or vessel-based when walruses and polar bears are annual agreements between the Alaska monitoring. present in the vicinity of lease Eskimo Whaling Commission and Ramp Up—Ramp up is the gradual operations and the extent of behavioral participating oil companies. introduction of sound from airguns to effects on these marine mammals due to deter marine mammals from potentially their operations. This stipulation Measures To Mitigate Seismic-Surveying damaging sound intensities and from applies specifically to the communities Effects approaching the specified zone. This of Barrow, Wainwright, Point Lay, and The measures summarized below are technique involves the gradual increase Point Hope. based on the protective measures in (usually 5–6 dB per 5-minute Site-specific monitoring programs MMS’ most recent marine seismic increment) in emitted sound levels, will provide information about the survey exploration permits and the beginning with firing a single airgun seasonal distributions of walruses and recently completed Programmatic and gradually adding airguns over a polar bears. The information can be Environmental Assessment of Arctic period of at least 20–40 minutes, until used to improve evaluations of the Ocean OCS Seismic Surveys—2006 the desired operating level of the full threat of harm to the species and (http://www.mms.gov/alaska/ref/ array is obtained. Ramp-up procedures provides immediate information about pea_be.htm). As stated in the MMS may begin after observers ensure the their activities, and their response to Programmatic Environmental absence of marine mammals for at least specific events. This stipulation is Assessment, these protective measures 30 minutes. Ramp-up procedures shall expected to reduce the potential effects will be incorporated in all MMS- not be initiated at night or when of exploration activities on walruses, permitted seismic activities. monitoring the zone is not possible. A polar bears, and the subsistence use of 1. Spacing of Seismic Surveys— single airgun operating at a minimum these resources. This stipulation also Operators must maintain a minimum source level can be maintained for contributes incremental and important spacing of 15 miles between the routine activities, such as making a turn information to ongoing walrus and polar seismic-source vessels for separate between line transects, for maintenance bear research and monitoring efforts. simultaneous operations. needs or during periods of impaired 2. Exclusion Zone—A 180/190- Conflict Avoidance Mechanisms To visibility (e.g., darkness, fog, high sea decibel (dB) isopleth-exclusion zone states), and does not require a 30-minute Protect Subsistence-Harvesting (also called a safety zone) from the Activities clearance of the zone before the airgun seismic-survey-sound source shall be array is again ramped up to full output. Through consultation with potentially free of marine mammals, including Field Verification—Before conducting affected communities, the lessee shall walruses and polar bears, before the the survey, the operator shall verify the make every reasonable effort to assure survey can begin and must remain free radii of the exclusion/safety zones that their proposed activities are of mammals during the survey. The within real-time conditions in the field. compatible with marine mammal purpose of the exclusion zone is to This provides for more accurate radii subsistence hunting activities and will protect marine mammals from Level A rather than relying on modeling not result in unreasonable interference harassment. The 180-dB (Level A techniques before entering the field. with subsistence harvests. In the event harassment injury) applies to cetaceans Field-verification techniques must use that no agreement is reached between and walruses, and the 190-dB (Level A valid techniques for determining the parties, the lessee, the appropriate harassment-injury) applies to pinnipeds propagation loss. When moving a management agencies and co- other than walruses and polar bears. seismic-survey operation into a new management organizations, and any 3. Monitoring of the Exclusion Zone— area, the operator shall verify the new communities that could be directly Trained marine mammal observers radii of the zones by applying a sound- affected by the proposed activity may (MMOs) shall monitor the area around propagation series. request that the MMS assemble a group the survey for the presence of marine 4. Monitoring of the Seismic-Survey consisting of representatives from the mammals to maintain a marine Area—Aerial-monitoring surveys or an parties specifically to address the mammal-free exclusion zone and equivalent monitoring program conflict and attempt to resolve the monitor for avoidance or take behaviors. acceptable to the Service will be issues before the MMS makes a final Visual observers monitor the exclusion required through the LOA authorization determination on the adequacy of the zone to ensure that marine mammals do process. Field verification of the measures taken to prevent unreasonable not enter the exclusion zone for at least effectiveness of any monitoring conflicts with subsistence harvests. 30 minutes prior to ramp up, during the techniques may be required by the This lease stipulation will help conduct of the survey, or before Service. reduce potential conflicts between resuming seismic survey work after a 5. Reporting Requirements— subsistence hunters and proposed oil shut down. Reporting requirements provide and gas exploration activities. This Shut Down—The survey shall be regulatory agencies with specific stipulation will help reduce noise and suspended until the exclusion/safety information on the monitoring disturbance conflicts from oil and gas zone is free of marine mammals. All techniques to be implemented and how operations during specific periods, such observers shall have the authority to, any observed impacts to marine as peak hunting seasons. It requires that and shall instruct the vessel operators mammals will be recorded. In addition,

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33218 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

operators must immediately report to primarily adult males, remain in the walruses in the open-water area, and Federal regulators any shut downs due Bering Sea, utilizing coastal haul-outs, 2,475 to 100,568 walruses in pack ice to a marine mammal entering the during the ice-free season. During the sampled areas. exclusion zones and provide the summer months, walruses are widely In 1980, a coordinated U.S. and regulating agencies with information on distributed across the shallow Russian aerial survey found walruses the frequency of occurrence and the continental shelf waters of the Chukchi located throughout the area surveyed types and behaviors of marine mammals Sea. Significant summer concentrations and the U.S. distribution showed (if possible to ascertain) entering the are normally found in the extreme clustering of walruses on pack exclusion zones. unconsolidated pack-ice west of Point ice in an area of high density between 6. Temporal/Spatial/Operational Barrow, and along the northern longitude 166° W and 171° W. Initially Restrictions—Seismic-survey and coastline of Chukotka, Russia, near the estimates were 140,000 animals in associated support vessels shall observe Wrangel Island. As the ice edge the U.S. and 130,000 to 150,000 animals an 805-m (0.5-mi) safety radius around advances southward in the fall, in Russia, with a final total estimate of walruses hauled-out onto land or ice. walruses reverse their migration and re- 246,360 animals. Aircraft shall be required to maintain a group on the Bering Sea pack-ice. In 1985, the third joint walrus survey 305-m (1,000-ft) minimum altitude Between 1975 and 1990, aerial found few walruses in the U.S. sector within 805 m (0.5 mi) of hauled-out surveys were carried out by the United east of 161° or west of 170°. On days walruses. States and Russia at five year intervals, when more walruses were in the water, 7. Seismic-survey operators shall producing population estimates of: they were found farther into the pack notify MMS immediately in the event of 221,350 (1975); 246,360 (1980); 234,020 ice, and on days when nearly all any loss of cable, streamer, or other (1985); and 201,039 (1990). The walruses were hauled out on the ice, equipment that could pose a danger to estimates generated from these surveys they were close to the southern edge of marine mammals. are considered conservative abundance the ice. The estimate of abundance for These seismic mitigation measures estimates and are not useful for will help reduce the potential for Level the U.S. portion of the survey was detecting trends because walruses are 63,487 animals with an additional A Harassment of walruses and polar found in large groups that are 15,238 animals, mainly males, estimated bears during seismic operations. The distributed in a non-uniform fashion. in Bristol Bay, far to the south. The spatial separation of seismic operations Efforts to survey the Pacific walrus Russians estimated either 54,080 or will also reduce potential cumulative population were suspended after 1990 115,531 walruses in the pack ice of their effects of simultaneous operations. The due to unresolved problems with survey sector, depending on the inclusion or monitoring and reporting requirements methods to address the patchy exclusion of a large aggregation of will provide location-specific distribution of walruses and that walruses encountered on survey information about the seasonal resulted in population estimates with transects from the abundance estimate. distributions of walruses and polar unacceptably large confidence intervals. This illustrates the symptomatic nature bears. The additional information can be In the spring of 2006, a joint U.S./Russia used to evaluate the future threat of aerial survey to estimate the walrus of clustered or patchy distributions of harm to the species and also provides population was carried out in the pack walruses noted earlier and the immediate information about their ice of the Bering Sea. This information consequence on abundance estimates. In activities, and their response to specific is currently being analyzed and a addition, the Russians counted 39,572 events. current population estimate is expected animals on their Bering Sea land haul- in the near future. outs. The combined U.S. and Russia Biological Information Estimating the abundance or estimate was 234,020 animals. Pacific Walruses population size of Pacific walruses has In 1990, a fourth joint survey was been an inherently problematic task. designed to employ a common survey 1. Stock Definition and Range Previous efforts conducted in the design. Unlike other surveys, the study Pacific walruses are represented by a autumn (1975, 1980, 1985, and 1990) area was unexpectedly characterized by single stock of animals that inhabit the resulted in widely varying estimates an extreme amount of open water shallow continental shelf waters of the with high variance and low confidence caused by an unusual recession of pack Bering and Chukchi seas. The limits. Accounting for animals using ice. As a result, the survey covered land population ranges across the traditional haul-outs is factored into the haul-outs in the U.S. and Russia as well international boundaries of the United abundance estimates. The 1975, 1980, as open water and pack ice. The total States and Russia, and both nations and 1985 walrus surveys predominatly combined population estimate was share common interests with respect to found animals over sea ice habitat. In 201,039. Of this total, the U.S. sector the conservation and management of contrast, the 1990 survey included a was comprised of 7,522 walruses in this species. large number of walruses located on Bristol Bay haul-outs and only 16,489 The distribution of Pacific walruses land haul-outs, predominantly in estimated in the Chukchi Sea area. This varies markedly with the seasons. Russia, during a season of extreme ice estimate differs dramatically from During the late winter breeding season, recession. previous pack ice estimates in the U.S. walruses are found in areas of the A 1975 evaluation of aerial survey Chukchi Sea region, where walruses Bering Sea where open leads, polynyas, methods conducted in the U.S. sector were relatively abundant in previous or areas of broken pack-ice occur. over the eastern half of the Chukchi Sea surveys. The vast majority of walruses Significant winter concentrations are (5 days of effort covering 7,743 km and were located in the Russian sector normally found in the Gulf of Anadyr, 30.2 flight hours) found walruses were (154,225 walruses) and occupied land the St. Lawrence Island Polynya, and in unevenly distributed, patchy, and haul-outs, including 112,848 animals on an area south of Nunivak Island. In the encountered more frequently in ice Wrangel Island. Land haul-outs in spring and early summer, most of the habitat where at least 75 percent of the Kamchatka, Southern Chukotka, the population follows the retreating pack- surface was covered by ice. Estimates of Gulf of Anadyr, and the north shore of ice northward into the Chukchi Sea; abundance, based on single day density Chukotka accounted for the remaining however, several thousand animals, estimates, ranged from 818 to 1,760 41,377 animals. The Russian pack ice

VerDate Aug<31>2005 17:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33219

was remarkably sparse with an estimate water. The mobility of the pack-ice is 4. Mortality of only 16,484 animals. thought to help prevent walruses from Polar bears are known to prey on overexploiting their prey resource. 2. Habitat walrus calves, and killer whales Although walruses may range some Walruses are an ice dependent (Orcinus orca) have been known to take species. They rely on floating pack-ice distance from land or ice haul-outs, for all age classes of animals. Predation as a substrate for resting and giving example during migrations or foraging levels are thought to be highest near birth. Walruses generally require ice excursions, the species is not adapted to terrestrial haul-out sites where large thicknesses of 50 centimeters (cm) or a pelagic existence. Foraging trips can aggregations of walruses can be found; more to support their weight. Although sometimes last up to several days, however, few observations of killer walruses can break through ice up to 20 during which time they dive to the whales preying on walruses exist. cm thick, they usually occupy areas bottom nearly continuously. Most Pacific walruses have been hunted by with natural openings and are not found foraging dives to the bottom last coastal Natives in Alaska and Chukotka in areas of extensive, unbroken ice. between 5 and 10 minutes, with a for thousands of years. Exploitation of Thus, their concentrations in winter relatively short (1–2 minute) surface the Pacific walrus population by tend to be in areas of divergent ice flow interval. Europeans has also occurred in varying degrees since first contact. Presently, or along the margins of persistent 3. Life History polynyas. Concentrations in summer walrus hunting in Alaska and Chukotka tend to be in areas of unconsolidated Walruses are long-lived animals with is restricted to meet the subsistence pack-ice, usually within 100 km of the low rates of reproduction. Females needs of aboriginal peoples. Over the leading edge of the ice pack. When reach sexual maturity at 4 to 9 years of past decade, the combined harvest of suitable pack-ice is not available, age. Males become fertile at 5 to 7 years the United States and Russia has averaged approximately 5,500 walruses walruses haul out to rest on land. of age; however, they are usually unable per year. This mortality estimate Isolated sites, such as barrier islands, to compete for mates until they reach includes corrections for under-reported points, and headlands, are most full physical maturity at 15–16 years of harvest and struck and lost animals. frequently occupied. Social factors, age. Breeding occurs between January Intraspecific trauma is also a known learned behavior, and proximity to their and March in the pack-ice of the Bering source of injury and mortality. prey base are also thought to influence Sea. Calves are usually born in late Disturbance events can cause walruses the location of haul-out sites. April or May the following year during to stampede into the water and have Traditional walrus haul-out sites in the the northward migration from the been known to result in injuries and eastern Chukchi Sea include Cape Bering Sea to the Chukchi Sea. Calving Thompson, Cape Lisburne, and Icy mortalities. The risk of stampede-related areas in the Chukchi Sea extend from injuries increases with the number of Cape. In recent years, the Cape Lisburne the Bering Strait to latitude 70 °N. haul-out site has seen regular use in late animals hauled out. Calves and young Calves are capable of entering the water animals at the perimeter of these herds summer. Numerous haul-outs also exist shortly after birth, but tend to haul-out along the northern coastline of are particularly vulnerable to trampling frequently, until their swimming ability injuries. Chukotka, and on Wrangel and Herald and blubber layer are well developed. islands, which are considered important Newborn calves are tended closely. 5. Distributions and Abundance of haul-out areas in late summer, They accompany their mother from Pacific Walruses in the Chukchi Sea especially in years when the pack-ice birth and are usually not weaned for 2 Walruses are seasonably abundant in retreats beyond the continental shelf. years or more. Cows brood neonates to Notably, during the 1990 population the Chukchi Sea. Their distribution in aid in their thermoregulation, and carry survey, when the Chukchi Sea was the region is influenced primarily by the them on their back or under their flipper largely ice-free, large haul-outs of distribution and extent of seasonal pack- while in the water. Females with walruses (over 100,000 animals) formed ice. In May and June walruses migrate newborns often join together to form on Wrangel Island. In contrast, walruses into the region along lead systems that large ‘‘nursery herds’’. Summer observed during the 1970 though 1985 form along the coastlines of Alaska and distribution of females and young aerial surveys were seen primarily on Chukotka. During the summer months walruses is closely tied to the sea ice over the continental shelf walruses are widely distributed along movements of the pack-ice relative to between Wrangel Island and Alaska. the southern margin of the seasonal Although capable of diving to deeper feeding areas. Females give birth to one pack-ice both in U.S. and Russian depths, walruses are for the most part calf every 2 or more years. This waters. During August, the edge of the found in shallow waters of 100 m or reproductive rate is much lower than pack-ice generally retreats northward to less, possibly because of higher other pinniped species; however, some about 71 °N, but in light ice years, the productivity of their benthic foods in walruses live to age 35–40, and remain ice edge can retreat beyond 76 °N. The shallower water. They feed almost reproductively active until relatively sea ice normally reaches its minimum exclusively on benthic invertebrates late in life. (northern) extent in September. In although Native hunters have also Walruses are extremely social and recent years, several tens of thousands reported incidences of walruses preying gregarious animals. They tend to travel of walruses have been reported on seals. Prey densities are thought to in groups and haul-out onto ice or land congregating at coastal haul-outs along vary across the continental shelf in groups. Walruses spend the Russian coast in late summer. according to sediment type and approximately one-third of their time Russian biologists attribute the structure. Preferred feeding areas are hauled out onto land or ice. Hauled-out formation of these coastal aggregations typically composed of sediments of soft, walruses tend to lie in close physical to diminishing sea ice habitats in fine sands. The juxtaposition of ice over contact with each other. Youngsters offshore regions. In 2007, a new sea ice appropriate depths for feeding is often lie on top of the adults. The size minima record was established. Sea ice especially important for females with of the hauled-out groups can range from had completely retreated from the dependent calves that are not capable of a few animals up to several thousand continental shelf waters of the Chukchi deep diving or long exposure in the individuals. Sea by mid-August, 2007 and anecdotal

VerDate Aug<31>2005 17:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33220 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

reports from Russia indicate that as stocks can be found in the ‘‘Range-Wide Until recently, the United States and many as 100,000 walruses, comprised of Status Review of the Polar Bear (Ursus Russia have managed the shared CS mixed herds of females and calves, maritimus)’’ (http://alaska.fws.gov/ polar bear population independently. congregated at coastal haul-outs along fisheries/mmm/polarbear/issues.htm). Now, Alaska and Russian bear researchers and managers are working to the northern Chukotka coastline. An A. Chukchi/Bering Seas Stock (CS) estimated 2,000 to 5,000 walruses were update and enhance the collective also observed along the Alaskan The CS is defined as those polar bears knowledge of polar bears in the CS stock Chukchi Sea coast in 2007 using inhabiting the area as far west as the to improve management goals and nontraditional haul-outs. This is a eastern portion of the Eastern Siberian objectives. On September 21, 2007, the relatively small portion of the annual, Sea, as far east as Point Barrow, and United States ratified the U.S./Russia hauled-out animals in the population. extending into the Bering Sea, with its Bilateral Polar Bear Conservation Historically, approximately 5,000 southern boundary determined by the Agreement (Bilateral Agreement) for the animals have annually used the Bristol extent of annual ice. Based upon shared polar bear population, which Bay haul-outs, such as Round Island telemetry studies, the western boundary had been signed by both countries on and Cape Seniavin. The pack-ice of the population has been set near October 16, 2000; implementing usually advances rapidly southward in Chaunskaya Bay in northeastern Russia. legislation for the agreement occurred in October, and most walruses move into The eastern boundary is at Icy Cape, January 2007. The purpose of the the Bering Sea by mid-to-late November. Alaska, which was, until recently, also Bilateral Agreement is to assure long- Walrus are closely associated with sea considered to be the western boundary term, science-based conservation of the ice. The dynamic nature of sea ice of the SBS. This eastern boundary polar bear population and includes habitats is expected to result in constitutes a large overlap zone with binding harvest limits. Implementation considerable seasonal and annual bears in the SBS population. The CS of the Bilateral Agreement will unify variation in the number of animals population appeared to increase after management regimes and provide for likely to be present in the proposed the level of harvest was reduced in harvest limits. The treaty calls for the exploration arena. While a recent 1972. However, harvest records suggest active involvement of Native people and abundance estimate for the number of that the population now may be their organizations in future walruses likely to be present in the declining. Illegal polar bear hunting in management programs. It will also offshore waters of the eastern Chukchi Russia is thought to be one reason for enhance such long-term joint efforts as Sea during the proposed exploration this decline. The most recent population conservation of ecosystems and season is not available, an aerial survey estimate for the CS population is 2,000 important habitats, harvest allocations was carried out in the fall of 1990 animals. This was based on based on sustainability, collection of during a season of minimum ice extrapolation of aerial den surveys from biological information, and increased conditions where sea ice retracted north the early 1990s; however, this estimate consultation and cooperation with state, beyond the continental shelf, similar to is currently considered to be of little local, and private interests. recent conditions throughout the value for management. Reliable In association with the ratification of Chukchi Sea. This survey observed estimates of population size based upon the agreement, the Service sponsored a mark and recapture are not available for 16,489 walruses distributed along the meeting from August 7 through 9, 2007, this region and measuring the Chukchi Sea pack-ice between Wrangel of technical specialists from the United population size remains a research Island and Point Barrow, where a much States and Russia to discuss future challenge due to the movements of the larger portion of the population was management, research, and conservation polar bear and the dynamic Arctic distributed in Russia on land and sea ice needs for the CS polar bear population. habitat. haul-outs. The sea ice was distributed The goals of the meeting were to Legal harvesting activities for the CS exchange information about current and well beyond the continental shelf at the stock are currently restricted to Native time of the survey and most walruses future research activities and priorities, Alaskans in western Alaska, as long as provide technical input concerning were using coastal haul-outs in Russia, this does not affect the sustainability of which is similar to the pattern of research and management needs for the the polar bear population. In Alaska, implementation of the Bilateral distribution observed in 2007. average annual harvest levels declined Agreement with specific regard to field Polar Bears by approximately 50 percent between research and conservation practices, and the 1980s and the 1990s and have 1. Alaska Stock Definition and Range to initiate planning for managing the remained at low levels in recent years. subsistence harvest in Alaska and Polar bears occur throughout the We believe there are several factors Russia under the newly activated treaty. Arctic. The world population estimate affecting the harvest level of CS bears in The primary challenge discussed by the of polar bears ranges from 20,000– western Alaska. Substantial illegal group is the lack of population 25,000 individuals. In Alaska, they have harvest in Chukotka is the most relevant information (status and trends) to been observed as far south in the eastern factor affecting the CS population level. support determination of a sustainable Bering Sea as St. Matthew Island and In recent years a reportedly sizable harvest as called for by the Bilateral the Pribilof Islands. However, they are illegal harvest has occurred in Russia, Agreement. Information from this most commonly found within 180 miles despite a ban on hunting that has been meeting will be shared at the first of the Alaskan coast of the Chukchi and in place since 1956. In addition, other meeting of the Joint Commissioners. Beaufort seas, from the Bering Strait to factors such as climatic change and its the U.S./Canada border. Two stocks effects on pack-ice distribution, as well B. Southern Beaufort Sea (SBS) occur in Alaska: (1) The Chukchi-Bering as changing demographics and hunting The SBS polar bear population is seas stock (CS); and (2) the Southern effort in Native communities could shared between Canada and Alaska. Beaufort Sea stock (SBS). A summary of influence the population and the Radio-telemetry data, combined with the Chukchi and Southern Beaufort Sea declining take. The unknown rate of earlier tag returns from harvested bears, polar bear stocks is described below. A illegal take makes a stable designation suggested that the SBS region comprised detailed description of the Chukchi Sea for the CS population uncertain and a single population with a western and Southern Beaufort Sea polar bear tentative. boundary near Icy Cape, Alaska, and an

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33221

eastern boundary near Pearce Point, summer and fall; human activities conditions has been noted by Northwest Territories, Canada. Early within the near-shore environment, researchers since 1992. Recently, during estimates from the mid 1980s suggested including hydrocarbon development the minimum sea ice extents, which the size of the SBS population was and production; atmospheric and occurred in 2005 and 2007, polar bears approximately 1,800 polar bears, oceanic transport of contaminants into exhibited this coastal movement pattern although uneven sampling was known the Arctic; and the potential for as observations from Russian biologists to compromise the accuracy of that inadvertent over-harvest, should polar and satellite telemetry data of bears in estimate. A population analysis of the bear stocks become nutritionally the Beaufort Sea indicated that bears SBS stock was completed in June 2006 stressed or decline due to some were found on the sea ice or along the through joint research coordinated combination of the above concerns. Chukotka coast during the open-water between the United States and Canada. Today, habitat loss, illegal hunting, period. That analysis indicated the population and, in particular, the diminishing within the region between Icy Cape and extent, thickness, and seasonal 3. Denning and Reproduction Pearce Point is now approximately persistence of sea ice pose the most Although insufficient data exist to 1,500 polar bears (95 percent confidence serious threats to polar bears accurately quantify polar bear denning intervals approximately 1,000–2,000). worldwide. As a result of such along the Alaskan Chukchi Sea coast, Although the confidence intervals of the concerns, the polar bear was listed as dens in the area appear to be less current population estimate overlap the threatened under the U.S. Endangered concentrated than for other areas in the previous population estimate of 1,800; Species Act of 1973, as amended (ESA), Arctic. The majority of denning of CS other statistical and ecological evidence on May 15, 2008 (73 FR 28212). More polar bears occurs in Russia on Wrangel (e.g., high recapture rates encountered information can be found at: http:// Island, Herald Island, and certain in the field) suggest that the current www.fws.gov/. locations on the northern Chukotka population is actually smaller than has 2. Habitat coast. In addition, due to changes in the been estimated for this area in the past. formation of sea ice along the Chukotka Polar bears of the Chukchi Sea are Recent analyses of radio-telemetry coast, there are some indications that subject to the movements and coverage data of spatio-temporal use patterns of the Bear Islands (Medvezhiy Ostrova), of the pack-ice and annual ice as they bears of the SBS stock using new spatial near the Kolyma River estuary, have are dependent on the ice as a platform modelling techniques suggest become a denning area for the CS stock for hunting and surviving. Polar bears realignment of the boundaries of the as well. Southern Beaufort Sea area. We now are widely distributed within their Females without dependent cubs know that nearly all bears in the central range and are generally solitary animals, breed in the spring. Females can initiate coastal region of the Beaufort Sea are although they will form aggregations breeding at five to six years of age. from the SBS population, and that around food sources. Historically, polar Females with cubs do not mate. proportional representation of SBS bears bears of the Chukchi Sea have spent Pregnant females enter maternity dens decreases to both the west and east. For most of their time on the annual ice in by late November, and the young are example, only 50 percent of the bears near-shore, shallow waters over the usually born in late December or early occurring in Barrow, Alaska, and productive continental shelf, which is January. Only pregnant females den for Tuktoyaktuk, Northwest Territories, are associated with the shear zone and the an extended period during the winter; SBS bears, with the remainder being active ice adjacent to the shear zone. Sea from the CS and Northern Beaufort Sea ice and food availability are two other polar bears may excavate populations, respectively. The recent important factors affecting the temporary dens to escape harsh winter radio-telemetry data indicate that bears distribution of polar bears. During the winds. An average of two cubs are born. from the SBS population seldom reach ice-covered season, bears use the extent Reproductive potential (intrinsic rate of Pearce Point, which is currently on the of the annual ice. The most extensive increase) is low. The average eastern management boundary for the north-south movements of polar bears reproductive interval for a polar bear is SBS population. are associated with the spring and fall three to four years, and a female polar Only a small proportion of the SBS ice movement. For example, during the bear can produce about 8 to 10 cubs in polar bear population will be found in 2006 ice-covered season, six bears radio- her lifetime; in healthy populations, 50 the Chukchi Sea region during the ice- collared in the Beaufort Sea were to 60 percent of the cubs will survive. covered season. This is based on located in the Chukchi and Bering Seas Female bears can be quite sensitive to estimates of probabilities of polar bear as far south as 59° latitude, which was disturbances during this denning distribution from each population. The the farthest extent of the annual ice period. relative probabilities of sighting a bear during 2006. A small number of bears In late March or early April, the were developed using satellite radio- sometimes remain on the Russian and female and cubs emerge from the den. telemetry data. This technique has also Alaskan coasts during the initial stages If the mother moves young cubs from increased our understanding of the of ice retreat in the spring. the den before they can walk or proportions of the populations that Polar bear distribution during the withstand the cold, mortality to the cubs could occur in the region where both open-water season in the Chukchi Sea, may increase. Therefore, it is thought populations overlap. These probabilities where maximum open water occurs in that successful denning, birthing, and indicate that SBS polar bears will be September, is dependent upon the rearing activities require a relatively found at lower proportions in the location of the ice edge as well. The undisturbed environment. Radio and western portions of their range (Chukchi summer ice pack can be quite disjointed satellite telemetry studies elsewhere Sea) than in the central portions of their and segments can be driven great indicate that denning can occur in range (central Beaufort Sea). distances by wind carrying polar bears multi-year pack-ice and on land. Recent Management and conservation with them. Recent telemetry movement studies of the SBS indicate that the concerns for the CS and SBS polar bear data are lacking for bears in the Chukchi proportion of dens on pack-ice have populations include: climate change, Sea; however, an increased trend by declined from approximately 60 percent which continues to increase both the polar bears to use coastal habitats in the in 1985–1994 to 40 percent in 1998– expanse and duration of open water in fall during open-water and freeze-up 2004.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33222 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

4. Prey Other sources of mortality related to of the North Pacific Ocean or the Arctic Ringed seals (Phoca hispida) are the human activities include bears killed Ocean to take walruses and polar bears primary prey of polar bears in most during research activities, euthanasia of if such taking is for subsistence areas. Bearded seals (Erignathus injured bears, and defense of life kills by purposes, including creating and selling barbatus) and walrus calves are hunted non-Natives. authentic native articles of handicrafts occasionally. Polar bears can 6. Distributions and Abundance of Polar and clothing, as long as the take is not opportunistically scavenge marine Bears in the Chukchi Sea done in a wasteful manner. Under the mammal carcasses. Polar bears will terms of the MMPA, there are no Polar bears are seasonably abundant restrictions on the number, season, or occasionally feed on bowhead whale in the Chukchi Sea and Lease Sale Area (Balaena mysticetus) carcasses at Point ages of walruses or polar bears that can 193 and their distribution is influenced be harvested in Alaska. A more Barrow, Cross, and Barter Islands, areas by the movement of the seasonal pack- where bowhead whales are harvested restrictive Inuvialuit-Inupiat Polar Bear ice. Polar bears in the Chukchi and Native-to-Native Agreement (Native for subsistence purposes. There are also Bering Seas move south with the reports of polar bears killing beluga Agreement) between the Inupiat in advancing ice during fall and winter Northern Alaska and the Inuvialuit in whales (Delphinapterus leucas) trapped and move north in advance of the in the ice. Polar bears are also known to the Northwest Territories Canada was receding ice in late spring and early created for the SBS bears in 1988. Polar ingest anthropogenic, nonfood items summer. The distance between the including Styrofoam, plastic, antifreeze, bears harvested from the communities northern and southern extremes of the of Barrow and Wainwright are currently and hydraulic and lubricating fluids. seasonal pack-ice is approximately 800 Polar bears use the sea ice as a considered part of the SBS stock and miles. In May and June, polar bears are thus are subject to the terms of the platform to hunt seals. Polar bears hunt likely to be encountered in the Lease seals using various means. They can Native Agreement. The Native Sale Area 193 as they move northward Agreement establishes quotas and hunt along leads and other areas of open from the northern Bering Sea through water, by waiting at a breathing hole, or recommendations concerning protection the Bering Strait into the southern of denning females, family groups, and by breaking through the roof of a seal Chukchi Sea. During the fall/early lair. Lairs are excavated in snow drifts methods of take. Quotas are based on winter period, polar bears are likely to estimates of population size and age- on top of the ice. Bears also stalk seals be encountered in the Lease Sale Area in the spring when they haul out on the specific estimates of survival and 193 during their southward migration in recruitment. The polar bears harvested ice in warm weather. The relationship late October and November. by the communities of Point Hope and between ice type and polar bear Furthermore, bears from the SBS and CS Point Lay are thought to come primarily distribution is as yet unknown, but it is populations can be encountered in the from the Chukchi/Bering sea stock. suspected to be related to seal Chukchi Sea as they travel with the Neither Point Hope nor Point Lay availability. Due to changing sea ice pack-ice or ice floes in search of food. hunters are parties to the Native conditions the area of open water and Polar bears are dependent upon the sea Agreement. proportion of marginal ice has increased ice for foraging and the most productive and extends later in the fall. This may areas to be near the ice edge, leads, or The Service collects information on limit seal availability to polar bears as polynyas over the continental shelf the subsistence harvest of walruses and the most productive areas for seals where the ocean depth is minimal. In polar bears in Alaska through the appear to be over the shallower waters addition, polar bears could be present Marking, Tagging and Reporting of the continental shelf. along the shoreline in this area, as they Program (MTRP). The program is administered through a network of 5. Mortality will opportunistically scavenge on marine mammal carcasses washed up MTRP ‘‘taggers’’ employed in Polar bears are long-lived (up to 30 along the shoreline and they may subsistence hunting communities. The years) and have no natural predators, become stranded on land due to the marking and tagging Rule requires that and they do not appear to be prone to receding pack-ice. hunters report harvested walruses and death by diseases or parasites. polar bears to MTRP taggers within 30 Cannibalism by adult males on cubs and Subsistence Use and Harvest Patterns of days of kill. Taggers also certify (tag) occasionally on other bears is known to Pacific Walruses and Polar Bears specified parts (ivory tusks for walruses, occur. The most significant source of Walruses and polar bears have been hide and skull for polar bears) to help mortality is man. Before the MMPA was traditionally harvested by Alaska control illegal take and trade. MTRP passed in 1972, polar bears were taken Natives for subsistence purposes. The reports are thought to generally by sport hunters and residents. Between harvest of these species plays an underestimate the total U.S. subsistence 1925 and 1972, the mean reported kill important role in the culture and walrus harvest, with one recent estimate was 186 bears per year. Seventy-five economy of many coastal communities as low as 30 percent of actual harvest in percent of these were males, as cubs and in Alaska and Chukotka. Walrus meat is Barrow. According to Service records, females with cubs were protected. Since consumed by humans and dogs, and the polar bear harvests reported by the 1972, only Alaska Natives from coastal ivory is used to manufacture traditional MTRP are believed to be as high as 80 Alaskan villages have been allowed to arts and crafts. Polar bears are primarily percent of the actual subsistence harvest hunt polar bears in the United States for hunted for their fur, which is used to in the communities most affected by their subsistence uses or for handicraft manufacture cold weather gear; this regulation. and clothing items for sale. The Native however, their meat is also occasionally Harvest levels of polar bears and hunt occurs without restrictions on sex, consumed. The communities most walruses in these communities vary age, or number provided that the likely to be impacted by the proposed considerably between years, presumably population is not determined to be activities are Point Hope, Point Lay, in response to differences in animal depleted. From 1980 to 2005, the total Wainwright, and Barrow. distribution and ice conditions. annual harvest for Alaska averaged 101 An exemption under section 101(b) of Descriptive information on subsistence bears: 64 percent from the Chukchi Sea the MMPA allows Alaska Natives who harvests of walruses and polar bears in and 36 percent from the Beaufort Sea. reside in Alaska and dwell on the coast each community is presented below.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33223

Point Hope in June and July. Most walrus hunting mitigation measures could result in Between 1990 and 2006, the average is thought to occur within 20 miles of disturbances. Potential effects of annual walrus harvest recorded through the community, in all seaward disturbances on walruses include the MTRP at Point Hope was 3.6 (± 5.1, directions. insufficient rest, increased stress and SD) animals per year. Point Hope Between 1990 and 2006, the average energy expenditure, interference with feeding, masking of communication, hunters typically begin their walrus reported polar bear harvest at ± and impaired thermoregulation of calves hunt in late May and June as walruses Wainwright was 6.8 3.7 animals per that spend an increased amount of time migrate into the Chukchi Sea. The sea year. Polar bears are harvested in the water. Prolonged or repeated ice is usually well off shore of Point throughout much of the year, with peak disturbances could potentially displace Hope by July and does not bring animals harvests reported in May and December. individuals or herds from preferred back into the range of hunters until late Polar bear are often harvested feeding or resting areas. Disturbance August and September. Most (70.8 coincidentally with beluga and events can cause walrus groups to percent) of the reported walrus harvest bowhead whale harvests. MTRP data abandon land or ice haul-outs. Severe at Point Hope occurred in the months of indicate that most hunting occurs within 10 miles of the community. disturbance events occasionally result June and September. Most of the in trampling injuries or cow-calf walruses recorded through the MTRP at Barrow separations, both of which are Point Hope were taken within five miles Barrow is the northernmost potentially fatal. Calves and young of the coast, or near coastal haulout sites community within the geographical animals at the perimeter of the herds at Cape Lisburne. region being considered. Most (88.6 appear particularly vulnerable to Between 1990 and 2006, the average percent) walrus hunting occurs in June trampling injuries. reported polar bear harvest at Point and July when the land-fast ice breaks The response of walruses to Hope was 13.1 ± 4.8 animals per year. up and hunters can access the walruses disturbance stimuli is highly variable. Polar bear harvests typically occur from by boat as they migrate north on the Anecdotal observations by walrus January to April. Most of the polar bears retreating pack-ice. Walrus hunters from hunters and researchers suggest that reported through the MTRP program Barrow sometimes range up to 60 miles males tend to be more tolerant of were harvested within 10 miles of the from shore; however, most harvests disturbances than females and community; however, residents also reported through the MTRP have individuals tend to be more tolerant reported taking polar bears as far away occurred within 30 miles of the than groups. Females with dependent as Cape Thompson and Cape Lisburne. community. Between 1990 and 2006, calves are considered least tolerant of Point Lay the average reported walrus harvest in disturbances. Hearing sensitivity is Barrow was 24.1 ± 14.6 animals per assumed to be within the 13 Hz and Point Lay hunters reported an average 1,200 Hz range of their own ± year. of 2.2 2.0 walruses per year between vocalizations. Walrus hunters and 1990 and 2006. Based on MTRP data, Between 1990 and 2006, the average reported polar bear harvest at Barrow researchers have noted that walruses walrus hunting in Point Lay peaks in ± tend to react to the presence of humans June–July with 84.4 percent of all was 21.3 8.9 animals per year. The number of polar bears harvested in and machines at greater distances from walruses being harvested during these upwind approaches than from months. Historically, harvests have Barrow is thought to be influenced by ice conditions and the number of people downwind approaches, suggesting that occurred primarily within 40 miles odor is also a stimulus for a flight north and south along the coast from out on the ice. Most (74 percent) of all polar bear harvests reported by Barrow response. The visual acuity of walruses Point Lay and approximately 30 miles is thought to be less than for other offshore. residents occurred in February and March. Although relatively few people species of pinnipeds. Between 1990 and 2006, the average Walruses are poorly adapted to life in are thought to hunt specifically for polar reported polar bear harvest at Point Lay the open ocean. They must periodically bears, those that do hunt primarily was 2.3 ± 1.4 animals per year. The only haul out onto ice or land to rest between between October and March. Hunting information on harvest locations comes feeding bouts. Previous aerial survey areas for polar bears overlap strongly from the MTRP database; all reported efforts in the offshore region of the with areas of bowhead subsistence harvest occurred within 25 miles of eastern Chukchi Sea found that most hunting; particularly the area from Point Point Lay. (80–96 percent) walruses were closely Barrow south to Walakpa Lagoon where associated with sea ice and that the Wainwright walrus and whale carcasses are known number of walruses observed in open Wainwright hunters have consistently to attract polar bears. water decreased significantly with harvested more walruses than any other Potential and Observed Impacts of Oil distance from the pack ice. Under subsistence community on the North and Gas Industry Activities on Pacific minimal or no-ice conditions, we expect Slope. Between 1990 and 2006, the Walruses and Polar Bears most walruses will either migrate out of average reported walrus harvest in the region in pursuit of more favorable Wainwright was 44.2 ± 29.2 animals per Pacific Walruses ice habitats, or relocate to coastal year. A discrepancy between MTRP data A. Potential Impacts of Oil and Gas haulouts where their foraging trips will and past household surveys is noted. Industry Activities on Pacific Walruses be restricted to near-shore habitats. Walruses are thought to represent Therefore, in evaluating the potential approximately 40 percent of the 1. Disturbance impacts of exploration activities on communities’ annual subsistence diet of Proposed oil and gas exploration Pacific walruses, the presence or marine mammals. Wainwright residents activities in the Chukchi Sea Region absence of pack ice could serve as one hunt walruses from June through include the operation of seismic survey indicator of whether or not walruses are August as the ice retreats northward. vessels, drill ships, icebreakers, supply likely to be found in the area. Activities Walruses can be plentiful in the pack- boats, fixed-winged aircrafts, and occurring in or near sea ice habitats are ice near the village this time of year. helicopters. Operating this equipment presumed to have the greatest potential Most (85.2 percent) of the harvest occurs near walruses without appropriate for interacting with walruses. Activities

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33224 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

occurring under open water conditions For that reason, whenever an vessels, and a 305-m (1,000-ft) altitude are expected to interact with relatively aggregation of 12 or more walruses are restriction for aircraft flying near walrus small numbers of animals. detected within an acoustically verified groups hauled-out onto land or sea ice, Seismic operations are expected to 160-dB re 1 µPa disturbance zone ahead are similarly expected to minimize add significant levels of noise into the of or perpendicular to the seismic vessel disturbances to walruses hauled out marine environment. Although the track, the Service will require the onto ice or land. hearing sensitivity of walruses is poorly operator to immediately power down Drilling operations are expected to known, source levels associated with the seismic airgun array and/or other occur at several offshore locations Marine 3D and 2D seismic surveys are acoustic sources to ensure sound during the later stages of the regulations. thought to be high enough to cause pressure levels at the shortest distance Although drilling activities are expected temporary hearing loss in other to the aggregation do not exceed 160-dB to occur primarily during open water pinniped species. Therefore, walruses re 1 µPa. The operator will not be conditions, the dynamic movements of µ within the 180-decibel (dB re 1 Pa) allowed to proceed with powering up sea ice could transport walruses within safety radius described by Industry for the seismic airgun array until it can be range of drilling operations. The MMS seismic activities could potentially established that there are no walrus permit stipulation identifying a 0.5-mile suffer shifts in hearing thresholds and aggregations within the 160-dB zone operational exclusion zone around temporary hearing loss. Seismic survey based upon ship course, direction, and groups of hauled-out walruses is vessels will be required to ramp up distance from last sighting. expected to help mitigate disturbances airguns slowly to allow marine Offshore exploration activities are to walruses near prospective drill sites. mammals the opportunity to move away expected to occur primarily in areas of Mitigation measures specified in an from potentially injurious sound open water some distance from the LOA including requirements for ice- sources. Marine mammal monitors will pack-ice; however, support vessels and/ scouting, surveys for walruses and polar also be required to monitor seismic or aircraft may occasionally encounter bears in the vicinity of active drilling safety zones and call for the power aggregations of walruses hauled out operations and ice breaking activities, down or shut down of airgun array if onto sea ice. The sight, sound, or smell requirements for marine mammal any marine mammals are detected of humans and machines could observers onboard drill ships and ice within the prescribed safety zone. breakers, and operational restrictions Geotechnical seismic surveys and potentially displace these animals from near walrus and polar bear aggregations high-resolution site clearance seismic ice haul-outs. Ice management are expected to further reduce the surveys are expected to occur primarily operations are expected to have the potential for interactions between in open water conditions, at a sufficient greatest potential for disturbances since walruses and drilling operations. distance from the pack-ice and large these operations typically require concentrations of walruses to avoid vessels to accelerate, reverse direction, 2. Waste Discharge and Oil Spills most disturbances. Although most and turn rapidly, activities that walruses are expected to be closely maximize propeller cavitations and The potential exists for fuel and oil associated with sea ice or coastal resulting noise levels. Previous studies spills to occur from seismic and support haulouts during offshore exploration suggest that icebreaking activities can vessels, fuel barges, and drilling activities, small numbers of animals displace some walrus groups up to operations. Little is known about the may be encountered in open water several miles away; however, most effects of fuel and oil on walruses; conditions. Walruses swimming in open groups of hauled out walruses showed however, walruses may react to fuel and water will likely be able to detect little reaction beyond 805 m (0.5 mi). oil much like other pinniped species. seismic airgun pulses up to several Impacts associated with transiting Damage to the skin of pinnipeds can kilometers from a seismic source vessel. support vessels and aircrafts are likely occur from contact with oil because The most likely response of walruses to to be distributed in time and space. some of the oil penetrates into the skin, noise generated by seismic surveys will Therefore, noise and disturbance from causing inflammation and ulcers. be to move away from the source of the aircraft and vessel traffic associated Exposure to oil can quickly cause disturbance. Because of the transitory with exploration projects are expected permanent eye damage. In studies nature of the proposed seismic surveys, to have relatively localized, short-term conducted on other pinniped species, impacts to walruses exposed to seismic effects. Nevertheless, the potential for pulmonary hemorrhage, inflammation, survey operations are expected to be disturbance events resulting in injuries, congestion, and nerve damage resulted temporary in nature and have little or mortalities, or mother-calf separations is after exposure to concentrated no effects on survival or recruitment. of concern. The potential for injuries is hydrocarbon fumes for a period of 24 Although concentrations of walruses expected to increase with the size of hours. Walruses are extremely in open water environments are affected walrus aggregations. Adaptive gregarious animals and normally expected to be low, groups of foraging mitigation measures designed to associate in large groups; therefore, any or migrating animals transiting through separate Industry activities from walrus contact with spilled oil or fuel could the area may be encountered. Adaptive aggregations at coastal haulouts and in impact several individuals. mitigation measures based upon real sea-ice habitats are expected to reduce Exposure to oil could also impact time monitoring information will be the potential for animal injuries, benthic prey species. Bivalve mollusks, implemented to mitigate potential mortalities, and mother-calf separations. a favorite prey species of the walrus, are impacts to walrus groups feeding in Restricting offshore exploration not effective at processing hydrocarbon offshore locations and ensure that these activities to the open-water season (July compounds, resulting in highly impacts are limited to small numbers of 1 to November 30) is also expected to concentrated accumulations and long- animals. The National Marine Fisheries reduce the number of potential term retention of contamination within Service (NMFS) identified that Level B interactions between walruses and the organism. Exposure to oil may kill harassment of marine mammals begins Industry operations occurring in or near prey organisms or result in slower at 160-dB re 1 µPa. The Service concurs sea ice habitats. Adaptive operational growth and productivity. Because with this determination and believes its restrictions, including an 800-m (0.5-mi) walrus feed primarily on mollusks, they use is applicable to walrus aggregations. operational exclusion zone for marine may be more vulnerable to a loss of this

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33225

prey species than other pinnipeds that been limited to the subsistence catch of increased temporal and spatial overlap feed on a larger variety of prey. coastal communities in Alaska and between fishing and shipping Although fuel and oil spills have the Chukotka. Harvest levels through the operations and walrus habitat use and potential to cause adverse impacts to 1990s ranged from approximately increased interactions between walruses walruses and prey species, operational 2,400–4,700 animals per year. Although and marine vessels. spills associated with the proposed recent harvest levels are lower than Past Offshore Oil and Gas Related exploration activities are not considered historic highs, lack of information on Activities—Oil and gas related activities a major threat. Operational spills would current population size or trend have been conducted in the Chukchi likely be of a relatively small volume, precludes an assessment of sustainable and Beaufort Seas since the late 1960’s. and occur in areas of open water where harvest rates. Much more oil and gas related activity walrus densities are expected to be Climate Change—Analysis of long- has occurred in the Beaufort Sea than in relatively low. Furthermore, blowout term environmental data sets indicates the Chukchi Sea OCS. Pacific walruses prevention technology will be required that substantial reductions in both the do not normally range into the Beaufort for all exploratory drilling operations in extent and thickness of the arctic sea-ice Sea, and documented interactions the Chukchi Sea by the permitting cover have occurred over the past 40 between oil and gas activities and agencies, and the MMS considers the years. Record minimum sea ice extent walruses have been minimal (see likelihood of a blowout occurring was recorded in 2002, 2005, and again Observed Impacts of Oil and Gas during exploratory drilling in the in 2007; sea ice cover in 2003 and 2004 Industry Activities on Pacific Walruses). Chukchi Sea as negligible (OCS EIS/EA was also substantially below the 20-year The Chukchi Sea OCS has previously MMS 2007–026). The MMS operating mean. Walruses rely on suitable sea ice experienced some oil and gas stipulations, including oil spill as a substrate for resting between exploration activity, but no prevention and response plans, reduce foraging bouts, calving, molting, development or production. Because of both the risk and scale of potential isolation from predators, and protection the transitory nature of past oil and gas spills. For these reasons, any impacts from storm events. The juxtaposition of activities in any given region, we do not associated with an operational spill are sea ice over shallow-shelf habitat think that any of these encounters had expected to be limited to a small suitable for benthic feeding is important lasting effects on individuals or groups. number of animals. to walruses. Recent trends in the Summary of Cumulative Effects— Despite the minimal risk, all projects Chukchi Sea have resulted in seasonal Hunting pressure, declining sea ice due will have oil spill contingency plans sea-ice retreat off the continental shelf to climate change, and the expansion of (specific to the project) that will be and over deep Arctic Ocean waters, commercial activities into walrus approved by the appropriate permitting presenting significant adaptive habitat all have potential to impact agencies prior to the issuance of an challenges to walruses in the region. walruses. Combined, these factors are LOA. The contingency plans have a Reasonably foreseeable impacts to expected to present significant wildlife component, which outlines walruses as a result of diminishing sea challenges to future walrus conservation protocols to minimize wildlife ice cover include: shifts in range and and management efforts. The success of exposure, including polar bears and abundance; increased vulnerability to future management efforts will rely in walruses, to oil spills. predation and disturbance; declines in part on continued investments in research investigating population status 3. Cumulative Effects prey species; increased mortality rates resulting from storm events; and and trends and habitat use patterns. The The following events have premature separation of females and effectiveness of various mitigation contributed to current environmental dependent calves. Secondary effects on measures and management actions will conditions in the Chukchi Sea and animal health and condition resulting also need to be continually evaluated could also cumulatively affect Pacific from reductions in suitable foraging through monitoring programs and walrus population status in the next five habitat may also influence survivorship adjusted as necessary. The decline in years: and productivity. Future studies sea ice is of particular concern, and will Commercial and Subsistence investigating walrus distributions, be considered in the evaluation of future Harvest—Walruses have an intrinsically population status and trends, and proposed activities and as more low rate of reproduction and are thus habitat use patterns in the Chukchi Sea information on walrus population status limited in their capacity to respond to are important for responding to walrus becomes available. exploitation. In the late 19th century, conservation and management issues Contribution of Proposed Activities to American whalers intensively harvested associated with environmental and Cumulative Impacts—The proposed walruses in the northern Bering and habitat changes. seismic surveys and exploratory drilling southern Chukchi seas. Between 1869 Commercial Fishing and Marine operations identified by the petitioners and 1879, catches averaged more than Vessel Traffic—Available data suggest are likely to result in some incremental 10,000 per year, with many more that walruses rarely interact with cumulative effects to walruses through animals struck and lost. The population commercial fishing and marine vessel the potential exclusion or avoidance of was substantially depleted by the end of traffic. Walruses are normally closely walruses from feeding or resting areas the century, and the commercial associated with sea ice, which limits and disruption of associated biological hunting industry collapsed in the early their interactions with fishing vessels behaviors. However, based on the 1900s. Since 1930, the combined walrus and barge traffic. However, as habitat use patterns of walruses in the harvests of the United States and Russia previously noted, the temporal and Chukchi Sea and their close association have ranged from 2,300–9,500 animals seasonal extent of the sea ice is with seasonal pack ice, relatively small per year. Notable harvest peaks occurred projected to diminish in the future. numbers of walruses are likely to be during 1930–1960 (4,500–9,500 per Commercial shipping through the encountered in the open sea conditions year) and in the 1980’s (5,000–9,000 per Northwest Passage and Siberian arctic where most of the proposed activities year). Commercial hunting continued in waters may develop in coming decades. are expected to occur. Required Russia until 1991 under a quota system Commercial fishing opportunities may monitoring and mitigation measures, of up to 3,000 animals per year. Since also expand should the sea ice continue designed to minimize interactions 1992, the harvest of Pacific walruses has to diminish. The result could be between authorized projects and

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33226 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

concentrations of resting or feeding Seismic vessels, operating in open water animals. Our review of the nature and walruses, are also expected to limit the conditions, recorded a total of 33 walrus scope of the proposed activities, when severity of any behavioral responses. sightings. Marine mammal observers considered in light of the observed Therefore, we conclude that the reported 19 incidents in which walruses impacts of past exploration activities by proposed exploration activities, were observed within a predetermined Industry, indicates that it is unlikely especially as mitigated through the safety zone of ensonification, requiring that there will be any lethal take of regulatory process, are not at this time the shut down of airgun arrays to walruses associated with these activities expected to add significantly to the prevent potential injuries. Based upon or any impacts on survivorship or cumulative impacts on the Pacific the transitory nature of the survey reproduction. walrus population from past, present, vessels, and the monitoring reports that Polar Bears and future activities that are reasonably noted behavioral reactions of the likely to occur within the 5-year period animals to the passage of the vessels, A. Potential Impacts of Oil and Gas covered by the regulations if adopted. our best assessment is that these Industry Activities on Polar Bears interactions resulted in no more than B. Observed Impacts of Oil and Gas 1. Disturbance temporary changes in animal behavior. Industry Activities on Pacific Walruses Additionally, the 2006 Chukchi Sea In the Chukchi Sea, polar bears will Oil and gas related activities have aerial surveys recorded a total of 1,882 have a limited presence during the been conducted in the Beaufort and walrus sightings. These regional aerial open-water season during Industry Chukchi Seas since the late 1960s. surveys were conducted in support of operations. It is assumed they generally Much more oil and gas related activity seismic activities as part of the marine move to the northwestern portion of the has occurred in the Beaufort Sea OCS mammal mitigation. During the three Chukchi Sea and distribute along the than in the Chukchi Sea OCS. Many pre-lease seismic surveys conducted pack-ice during this time, which is offshore activities required ice using vessel and aircraft platforms, a outside of the geographic region of the management (icebreaking), helicopter total of 3,068 walrus were observed. regulations. Additionally, they are traffic, fixed-wing aircraft monitoring, This represents a relatively small found more frequently along the other support vessels, and stand-by portion of the total number of animals Chukotka coastline in Russia. This barges. Although Industry has that occurred at low densities within the limits the chances of impacts on polar encountered Pacific walruses while open-water study area. bears from Industry activities. Although conducting exploratory activities in the Aerial surveys and vessel-based polar bears have been observed in open- Beaufort and Chukchi seas, to date, no observations of walruses were carried water, miles from the ice edge or ice walruses are known to have been killed out in 1989 and 1990 to examine the floes, this has been a relatively rare due to encounters associated with responses of walruses to drilling occurrence. Industry activities. operations at three Chukchi Sea drill Offshore Activities. In the open-water Pacific walruses do not normally prospects. Aerial surveys documented season, Industry activities will be range into the Beaufort Sea, although several thousand walruses in the limited to vessel-based exploration individuals and small groups have been vicinity of the drilling prospects; most activities, such as seismic surveys and observed. From 1994 to 2004, Industry of the animals (> 90 percent) were site clearance surveys and during the monitoring programs recorded a total of closely associated with sea ice. The latter part of the regulatory period, nine walrus sightings involving a total monitoring reports concluded that: (1) offshore exploratory drilling may occur. of 10 animals. Three of the reported Walrus distributions were closely linked These activities avoid ice floes and the sightings involved potential with pack ice; (2) pack ice was near multi-year ice edge; however, they disturbances to walruses; two sightings active drill prospects for relatively short could contact a limited number of bears were of individual animals hauled-out time periods; and (3) ice passing near in open water. onto the armor of Northstar Island, and active prospects contained relatively Seismic exploration activities in the one sighting occurred at the McCovey few animals, concluded that effects of Chukchi Sea could affect polar bears in prospect, where a walrus appeared to the drilling operations on walruses were a number of ways. Seismic ships and react to helicopter noise. Physical limited in time, geographical scale, and icebreakers may be physical effects or impacts to individual walruses proportion of the affected population. obstructions to polar bear movements, were not noted. Because of the small although these impacts are of short-term numbers of walruses encountered by C. Evaluation and localized effect. Noise, sights, and past and present oil and gas activity in Based on our review of the proposed smells produced by exploration the Beaufort Sea, impacts to the Pacific activities; existing and proposed activities could repel or attract bears, walrus population appear to have been operating conditions and mitigation either disrupting their natural behavior minimal. measures; information on the biology, or endangering them by threatening the Three pre-lease seismic surveys were ecology, and habitat use patterns of safety of seismic personnel. carried out in the Chukchi Sea OCS walruses in the Chukchi Sea; Little research has been conducted on planning area in 2006, where marine information on potential effects of oil the effects of noise on polar bears. mammal monitoring was based on and gas activities on walruses; and the Currently, researchers are studying the vessel and aerial platforms. Marine results of previous monitoring efforts hearing sensitivity of polar bears to mammal observers onboard the seismic associated with Industry activity in the understand how noise affects polar and support vessels recorded a total of Beaufort and Chukchi Seas, we bears. Polar bears are curious and tend 1,186 walrus sightings during their conclude that, while the incidental take to investigate novel sights, smells, and operations. Most of the walrus sightings (by harassment) of walruses is possibly noises. Noise produced by were reported by seismic support reasonably likely to or reasonably seismic activities could elicit several vessels during ice-scouting missions. expected to occur as a result of the different responses in individual polar Three hundred and eighteen of the proposed activities, most of the bears. Noise may act as a deterrent to walruses sighted (27 percent) exhibited anticipated takes will be limited to bears entering the area of operation, or some form of behavioral response to the temporary, nonlethal disturbances the noise could potentially attract vessels, primarily dispersal or diving. impacting a relatively small numbers of curious bears.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33227

In general, little is known about the solitary icebergs or remnants to haul-out Monitoring and mitigation measures potential for seismic survey sounds to on and rest. The movement is unusual, required for open water, offshore cause auditory impairment or other but highlights the ice-free environment activities will include, but will not be physical effects in polar bears. Available that bears are being increasingly limited to: (1) A 0.5-mile operational data suggest that such effects, if they exposed to that requires increased exclusion zone around polar bear(s) on occur at all, would be limited to short energy demands. land, ice, or swimming; (2) MMOs on distances and probably to projects Seismic activities avoid ice floes and board all vessels; (3) requirements for involving large airgun arrays. There is the pack-ice edge; however, they may ice-scouting; (4) surveys for polar bears no evidence that airgun pulses can contact bears in open water. It is in the vicinity of active operations and cause serious injury, or death, even in unlikely that seismic exploration ice breaking activities; and (5) the case of large airgun arrays. activities would result in more than operational restrictions near polar bear Additionally, the planned monitoring temporary behavioral disturbance to aggregations. These mitigation measures and mitigation measures include shut polar bears. are expected to further reduce the downs of the airguns, which will reduce Vessel traffic could result in short- potential for interactions between polar any such effects that might otherwise term behavioral disturbance to polar bears and offshore operations. occur if polar bears are observed in the bears. If a ship is surrounded by ice, it Onshore Activities. Onshore activities ensonification zones. Polar bears is more likely that curious bears will will have the potential to interact with normally swim with their heads above approach. Any on-ice activities required polar bears mainly during the fall and the surface, where underwater noises by exploration activities create the ice-covered season when bears come are weak or undetectable, and this opportunity for bear-human ashore to feed, den, or travel. Noise behavior may naturally limit noise interactions. In relatively ice-free produced by Industry activities during exposure to polar bears. Thus, it is waters, polar bears are less likely to the open-water and ice-covered seasons doubtful that any single bear would be approach ships, although they could be could potentially result in takes of polar exposed to strong underwater seismic encountered on ice floes. For example, bears at onshore activities. During the sounds long enough for significant during the late 1980s, at the Belcher ice-covered season, denning female disturbance, such as an auditory injury, exploration drilling site in the Beaufort bears, as well as mobile, non-denning to occur. Sea, in a period of little ice, a large floe bears, could be exposed to oil and gas Polar bears are known to run from threatened the drill rig at the site. After activities, such as seismic exploration or sources of noise and the sight of vessels, the floe was moved by an ice breaker, exploratory drilling facilities, and could icebreakers, aircraft, and helicopters. workers noticed a female bear with a potentially be affected in different ways. The effects of fleeing from aircraft may cub-of-the-year and a lone adult Noise disturbance can originate from be minimal if the event is short and the swimming nearby. It was assumed these either stationary or mobile sources. animal is otherwise unstressed. On a bears had been disturbed from the ice Stationary sources include exploratory warm spring or summer day, a short run floe. drilling operations and their associated may be enough to overheat a well- Ships and ice breakers may act as facilities. Mobile sources can include insulated polar bear; however, fleeing physical obstructions, altering or vehicle and aircraft traffic in association from a working icebreaker may have intercepting bear movements in the with Industry activities, such as ice road minimal effects for a healthy animal on spring during the start-up period for construction and vibroseis programs. a cool day. exploration if they transit through a Noise produced by stationary Industry As already stated, polar bears spend restricted lead system, such as the activities could elicit several different the majority of their time on pack-ice Chukchi Polynya. Polynyas are responses in polar bears. The noise may during the open-water season in the important habitat for ice seals and act as a deterrent to bears entering the Chukchi Sea or along the Chukotka walrus, which makes them important area, or the noise could potentially coast, which limits the chance of hunting areas for polar bears. A similar attract bears. Attracting bears to these impacts from human and Industry situation could occur in the fall when facilities, especially exploration activities in the geographic region. In the pack-ice begins to expand. The facilities in the coastal or nearshore recent years, the Chukchi Sea pack-ice separation of polar bears, whether on environment, could result in human- has receded over the Continental Shelf land, on ice, or in water, and marine bear encounters, which could result in during the open water season. Although vessels by creating an operational unintentional harassment, lethal take, or this poses potential foraging exclusion zone would limit potential intentional hazing (under separate ramifications, by its nature the exposed impact of marine vessels to polar bears. authorization) of the bear. open water creates a barrier between the High altitude routine aircraft traffic During the ice-covered season, noise majority of the ice pack-bound bear appears to have little to no effect on and vibration from exploratory drilling population and human activity polar bears; however, extensive or facilities could deter females from occurring in open water, thereby repeated over-flights of fixed-wing denning in the surrounding area, limiting potential disturbance. aircraft or helicopters could disturb although polar bears have been known Researchers have observed that bears polar bears. Behavioral reactions of to den in proximity to industrial occasionally swim long distances during polar bears are expected to be limited to activities without any perceived the open-water period seeking either ice short-term changes in behavior that impacts. For example, in 1991, two or land. In 2005, researchers monitored would have no long-term impact on maternity dens were located on the one radio-collared individual as it swam individuals and no identifiable impacts south shore of a barrier island within through ice-free waters from Kotzebue on the polar bear population. 2.8 km (1.7 mi) of an already established north to the pack-ice 350 miles away. In the later years of the regulations, production facility. In addition, during The bear began swimming on June 16, offshore exploratory drilling may occur the ice-covered season of 2001–2002, 2005, rested twice in open water during the open water seasons. two known polar bear dens were located (presumably on icebergs) and eventually Disturbances to polar bears by vessel within approximately 0.4 km and 0.8 reached the pack-ice on July 2, 2005. and aircraft traffic used in support of km (0.25 mi and 0.5 mi) of remediation Researchers suspected that the bear was exploratory drilling would be similar to activities on Flaxman Island that were not swimming constantly, but found those that have already been described. initiated after denning presumably

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33228 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

occurred. Through increased monitoring Noise and vibrations produced by helps to minimize impacts of Industry efforts, there were no observed impacts vibroseis activities during the ice- activities on denning polar bears. These to denning success or the polar bears. covered season could potentially result techniques will continue to be required In contrast, information exists in impacts on polar bears. During this as conditions of LOAs, when indicating that polar bears may have time of year, denning female bears as appropriate. abandoned dens in the past due to well as mobile, non-denning bears could In addition, Industry has sponsored exposure to human disturbance. For be exposed to and affected differently by cooperative research evaluating example, in January 1985, a female potential impacts from seismic transmission of noise and vibration polar bear may have abandoned her den activities. The best available scientific through the ground, snow, ice, and air due to rolligon traffic, which occurred information indicates that female polar and the received levels of noise and between 250 and 500 meters from the bears entering dens, or females in dens vibration in polar bear dens. This den site. Researcher disturbance created with cubs, are more sensitive to noises information has been useful to refine by camp proximity and associated than other age and sex groups. site-specific mitigation measures and noise, which occurred during a den Standardized mitigation measures will placement of facilities. emergence study in 2002 on the North be implemented to limit or minimize Furthermore, as part of the LOA Slope, may have caused a female bear disturbance impacts to denning females. application for seismic surveys during and her cub(s) to abandon their den and These Industry mitigation measures are denning season, Industry provides us move to the ice sooner than necessary. currently in place in the Beaufort Sea with the proposed seismic survey The female was observed later without and are implemented when necessary routes. To minimize the likelihood of the cub(s). While such events caused by through LOAs. They will be disturbance to denning females, we Industry-related activities may have implemented in the Chukchi Sea evaluate these routes along with occurred in the Beaufort Sea, geographic region when necessary as information about known polar bear information indicates they have been well. dens, historic denning sites, and infrequent and isolated. In the case of exploratory seismic or delineated denning habitat. Should a drilling activities occurring around a potential denning site be identified In addition, polar bears exposed to known bear den, each LOA will require along the survey route, FLIR or polar routine industrial noises may acclimate Industry to have developed a polar bear bear scent-trained dogs, or both, will be to those noises and show less vigilance interaction plan and will require used to determine whether the den is than bears not exposed to such stimuli. Industry to maintain a 1-mile buffer occupied, in which case a 1-mile buffer This implication came from a study that between Industry activities and known surrounding the den will be required. occurred in conjunction with industrial denning sites to limit disturbance to the There is the potential for Industry activities performed on Flaxman Island bear. In addition, we may require activities other than seismic, such as in 2002 and a study of undisturbed dens Industry to avoid working in known transport activities and ice road in 2002 and 2003 (N = 8). Researchers denning habitat depending on the type construction, to contact polar bear dens assessed vigilant behavior with two of activity, the location of activity, and as well. Known polar bear dens around potential measures of disturbance: (1) the timing of the activity. To further the oil and gas activities are monitored Proportion of time scanning their reduce the potential for disturbance to by the Service, when practicable. Only surroundings and (2) frequency of denning females, we have conducted a small percentage of the total active observable vigilant behaviors. Bears research, in cooperation with Industry, den locations are known in any year. exposed to industrial activity spent less to enable us to accurately detect active Industry routinely coordinates with the time scanning their surroundings than polar bear dens through the use of Service to determine the location of bears in undisturbed areas and engaged Forward Looking Infrared (FLIR) Industry’s activities relative to known in vigilant behavior significantly less imagery. dens and den habitat. General LOA often. The FLIR imagery, as a mitigation provisions will be similar to those As with offshore activities, routine tool, is used in cooperation with coastal imposed on seismic activities and will high-altitude aircraft traffic should have polar bear denning habitat maps and require Industry operations to avoid little to no effect on polar bears; scent-trained dogs. Industry activity known polar bear dens by 1 mile. There however, extensive or repeated low- areas, such as coastal ice roads and is the possibility that an unknown den altitude over-flights of fixed-wing transitory exploratory activities, are may be encountered during Industry aircraft for monitoring purposes or compared to polar bear denning habitat, activities. Industry is required to contact helicopters used for re-supply of and transects are then created to survey the Service if a previously unknown den Industry operations could disturb polar the specific habitat within the Industry is identified. Communication between bears. Behavioral reactions of non- area. The FLIR heat signatures within a Industry and the Service and the denning polar bears are expected to be standardized den protocol are noted, implementation of mitigation measures, limited to short-term changes in and further mitigation measures are such as the 1-mile operational exclusion behavior and would have no long-term placed around these locations if dens area around known dens or the impact on individuals and no impacts are apparent. These measures include temporary cessation of Industry on the polar bear population. In the 1-mile operational exclusion zone or activities, would ensure that contrast, denning bears could abandon increased monitoring of the site. FLIR disturbance is minimized. or depart their dens early in response to surveys are more effective at detecting Human encounters can be dangerous repeated noise such as that produced by polar bear dens than visual for both the polar bear and the human extensive aircraft over-flights occurring observations. The effectiveness and are another type of onshore in close proximity to the den. Mitigation increases when FLIR surveys are disturbance. These can occur during any measures, such as minimum flight combined with site-specific, scent- onshore Industry activity. Whenever elevations over polar bears or areas of trained dog surveys. humans work in the habitat of the concern and flight restrictions around Based on these evaluations, the use of animal, there is a chance of an known polar bear dens, will be required, FLIR technology, coupled with trained encounter, even though, historically, as appropriate, to reduce the likelihood dogs, to locate or verify occupied polar such encounters have been uncommon that bears are disturbed by aircraft. bear dens is a viable technique that in association with Industry.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33229

Encounters are more likely to occur of command for responding to a polar season) of offshore operations, the during fall and winter periods when bear sighting. In addition to interaction Service anticipates minimal disturbance greater numbers of bears are found in plans, Industry personnel participate in to ringed and bearded seals. In addition, the coastal environment searching for polar bear interaction training while on the National Marine Fisheries Service food and possibly den sites later in the site. (NMFS), having jurisdiction over the season. Potentially dangerous Employee training programs are conservation and management of ringed encounters are most likely to occur at designed to educate field personnel and bearded seals, will evaluate the coastal exploratory sites because a about the dangers of bear encounters potential impacts of oil and gas higher percentage of bears transit and to implement safety procedures in exploration activities in the Chukchi through the coastal areas, rather than the event of a bear sighting. The result Sea through their appropriate inland, and because of the temporary of these polar bear interaction plans and authorization process and will identify nature of exploratory activities. In the training allows personnel on site to appropriate mitigation measures for Beaufort Sea, Industry has developed detect bears and respond safely and those species, if a negligible finding is and uses devices to aid in detecting appropriately. Often, personnel are appropriate. The Service does not polar bears, including human bear instructed to leave an area where bears expect prey availability to be monitors, motion and infrared detection are seen. Many times polar bears are significantly changed due to Industry systems, and closed-circuit TV systems. monitored until they move out of the activities. Mitigation measures for Industry also takes steps to actively area. Sometimes, this response involves pinnipeds required by MMS and NMFS prevent bears from accessing facilities deterring the bear from the site. If it is will reduce the impact of Industry using safety gates and fences. The types not possible to leave, in most cases activities on ringed and bearded seals. of detection and exclusion systems are bears can be displaced by using forms 2. Waste Discharge and Potential Oil implemented on a case-by-case basis of deterrents, such as vehicles, vehicle Spills with guidance from the Service and horn, vehicle siren, vehicle lights, spot depend on the location and needs of the lights, or, if necessary, pyrotechnics Individual polar bears can potentially facility. Industry will implement these (e.g., cracker shells). The purpose of be affected by Industry activities same mitigative measures onshore in the these plans and training is to eliminate through waste product discharge and oil Chukchi Sea region to minimize the potential for injury to personnel or spills. Spills are unintentional releases disturbance of polar bears. lethal take of bears in defense of human of oil or petroleum products. In Onshore drilling sites near the life. Since 1993, when the incidental accordance with the National Pollutant coastline could potentially attract polar take regulations became effective in the Discharge Elimination System Permit bears. Polar bears use the coastline as a Beaufort Sea, there has been no known Program, all North Slope oil companies travel corridor. In the Beaufort Sea, the instance of a bear being killed or must submit an oil spill contingency majority of polar bear observations have Industry personnel being injured by a plan with their projects. It is illegal to occurred along the coastline. Most bears bear as a result of Industry activities. discharge oil into the environment, and were observed as passing through the The mitigation measures associated a reporting system requires operators to area; however, nearshore facilities could with the Beaufort Sea incidental take report spills. potentially increase the rate of human- regulations have proven to minimize According to MMS, on the Beaufort bear encounters, which could result in human-bear interactions and will be and Chukchi OCS, the oil industry has increased incidents of harassment of part of the requirements of future LOAs drilled 35 exploratory wells. During the bears. Employee training and company associated with the Chukchi Sea time of this drilling, Industry has had 35 policies through interaction plans will incidental take regulations. small spills totaling 26.7 bbl or 1,120 be implemented to reduce and mitigate Effect on Prey Species. Ringed seals gallons (gal) in the Beaufort and such encounters. In the Beaufort Sea are the primary prey of polar bears. Chukchi OCS. Of the 26.7 bbl spilled, region, the history of the effective Bearded seals are also a prey source. approximately 24 bbl were recovered or application of interaction plans has Industry will mainly have an effect on cleaned up. Larger spills (≥1,000 bbl) shown reduced interactions between seals through the potential for accounted for much of the annual polar bears and humans and no injuries contamination (oil spills) or industrial volume. Six large spills occurred or deaths to humans since the noise disturbance. Oil and gas activities between 1985 and 2006 on the North implementation of incidental take in the Chukchi Sea are anticipated to Slope. These spills were terrestrial in regulations. Therefore, the Service have the same effects of contamination nature and posed minimal harm to concludes that interaction plans are an from oil discharges for seals as those walruses and polar bears. Based on the effective means of reducing Industry described in the current Beaufort Sea history of effective application of oil impacts to polar bears. incidental take regulations (71 FR spill plans, to date, no major exploratory Depending upon the circumstances, 43926; August 2, 2006) in the section offshore oil spills have occurred on the bears can be either repelled from or ‘‘Potential Impacts of Waste Product North Slope in either the Beaufort or attracted to sounds, smells, or sights Discharge and Oil Spills on Pacific Chukchi Seas. associated with onshore Industry Walruses and Polar Bears’’ and the Historical large spills (greater than activities. In the past, such interactions ‘‘Pacific Walruses’’ subsection of that 1,000 bbl) associated with Alaskan oil have been mitigated through conditions document. Studies have shown that and gas activities on the North Slope on the LOA, which require the applicant seals can be displaced from certain have been production-related, and have to develop a polar bear interaction plan areas, such as pupping lairs or haul- occurred at production facilities or for each operation. These plans outline outs, and may abandon breathing holes pipeline connecting wells to the Trans- the steps the applicant will take, such near Industry activity. However, these Alaska Pipeline System. MMS estimates as garbage disposal, attractant disturbances appear to have minor the chance of a large (greater than 1,000 management, and snow management effects and are short term. In the bbl) oil spill from exploratory activities procedures, to minimize impacts to Chukchi Sea, offshore operations have in the Chukchi Sea to be low based on polar bears by reducing the attraction of the highest potential to impact seals; the types of spills recorded in the Industry activities to polar bears. however, due to the seasonal aspect Beaufort Sea. For this rule, potential oil Interaction plans also outline the chain (occurring only during the open-water spills for exploration activities will

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33230 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

likely occur with the marine vessels. In the event of an oil spill, it is also polar bears in the Chukchi Sea. From past experiences, MMS believes likely that polar bears would be ‘‘However, the effects of full-scale these will most likely be localized and intentionally hazed to keep them away industrial development off the North relatively small. Spills in the offshore or from the area, further reducing the Slope would accumulate through the onshore environments classified as likelihood of impacting individuals or displacement of polar bears and ringed small could occur during normal the population. seals from their habitats, increased operations (e.g., transfer of fuel, Oil exposure by polar bears could mortality, and decreased reproductive handling of lubricants and liquid occur through the consumption of success.’’ Full-scale development of this products, and general maintenance of contaminated prey, and by grooming or nature will not occur during the equipment). There is a greater potential nursing, which could affect motility, prescribed regulatory period in the for large spills in the Chukchi Sea digestion, and absorption. Death could Chukchi Sea. region from drilling platforms. However, occur if a large amount of oil were (3) ‘‘A major Beaufort Sea oil spill exploratory drilling platforms have ingested. Oiling can also cause would have major effects on polar bears required containment ability in case of thermoregulatory problems and damage and ringed seals.’’ One of the concerns a blowout as part of their oil spill to various systems, such as the for future oil and gas development is for contingency plan, which means that the respiratory and the central nervous those activities that occur in the marine likelihood of a large release remains systems, depending on the amount of environment due to the chance for oil minimal. exposure. Oil may also affect the prey spills to impact polar bears or their The possibility of oil and waste base of polar bears where possible habitats. No production activities are product spills from Industry activities in impacts from the loss of a food source planned for the Chukchi Sea during the the Chukchi Sea and the subsequent could reduce recruitment or survival of duration of these regulations. Oil spills impacts on polar bears is a concern; polar bears. A detailed description of as a result of exploratory seismic however, given the seasonal nature of potential effects of exposure to oil by activity could occur in the Chukchi Sea; the requested Industry activities, the polar bears can be found in the however, the probability of a large spill potential for negative impacts will be preamble to the Beaufort Sea Incidental is expected to be minimal. minimized. During the open-water Take Regulations (71 FR 43926; August (4) ‘‘Climatic warming at predicted season (June to October), there is some 2, 2006). rates in the Beaufort and Chukchi sea potential for spills from offshore regions is likely to have serious 3. Cumulative Effects Industry activities. At this time, bears in consequences for ringed seals and polar the open water or on land may The Polar Bear Status Review bears, and those effects will accumulate encounter and be affected by any such describes cumulative effects of oil and with the effects of oil and gas activities oil spill. During the ice-covered season gas development on polar bears in in the region.’’ (November to May), onshore Industry Alaska (see pages 175 to 181 of the (5) ‘‘Unless studies to address the activities will have the greatest status review). This document can be potential accumulation of effects on likelihood of exposing transiting polar found at: http://alaska.fws.gov/fisheries/ North Slope polar bears or ringed seals bears to potential oil spills. Although mmm/polarbear/issues.htm. The status are designed, funded, and conducted the majority of the Chukchi Sea polar review concentrated on oil and gas over long periods of time, it will be bear population spends a large amount development in the Beaufort Sea impossible to verify whether such of time offshore on the annual or multi- because of the established presence of effects occur, to measure them, or to year pack-ice and along the Russian the Industry in the Beaufort Sea. The explain their causes.’’ Future studies in coastline, some bears could encounter Service believes the conclusions of the the Chukchi Sea will examine polar bear oil from a spill regardless of the season status review will apply to Industry habitat use and distribution, and location. activities in the Chukchi Sea during the reproduction, and survival relative to a Small spills of oil or waste products 5-year regulatory period because the changing sea ice environment. throughout the year by Industry exploratory activities in the Beaufort A detailed description of climate activities on land could potentially Sea are similar to those proposed in the change and its potential effects on polar impact small numbers of bears. The Chukchi Sea. bears by the Service can be found in the effects of fouling fur or ingesting oil or In addition, in 2003 the National documents supporting the decision to wastes, depending on the amount of oil Research Council published a list the polar bear as a threatened or wastes involved, could be short term description of the cumulative effects species under the ESA at http:// or result in death. For example, in April that oil and gas development would www.fws.gov/. Additional detailed 1988, a dead polar bear was found on have on polar bears and seals in Alaska. information by the USGS regarding the Leavitt Island, in the Beaufort Sea, They concluded that: status of the SBS stock in relation to approximately 9.3 km (5 nautical miles) (1) ‘‘Industrial activity in the marine decreasing sea ice due to increasing northeast of Oliktok Point. The cause of waters of the Beaufort Sea has been temperatures in the Arctic, projections death was determined to be poisoning limited and sporadic and likely has not of habitat and populations, and forecasts by a mixture that included ethylene caused serious cumulative effects to of rangewide status can be found at: glycol and Rhodamine B dye; however, ringed seals or polar bears.’’ Industry http://www.usgs.gov/newsroom/special/ the source of the mixture was unknown. activity in the Chukchi Sea during the polar_bears. These factors could alter During the ice-covered season, regulatory period will be limited to polar bear habitat because seasonal mobile, non-denning bears would have exploration activities, such as seismic, changes, such as extended duration of a higher probability of encountering oil drilling, and support vessels. open water, may preclude sea ice or other Industry wastes in the onshore (2) ‘‘Careful mitigation can help to habitat use by restricting some bears to environment than non-mobile, denning reduce the effects of oil and gas coastal areas. Biological effects on polar females. Current management practices development and their accumulation, bears are expected to include increased by Industry, such as requiring the especially if there is no major oil spill.’’ movements or travel, changes in bear proper use, storage, and disposal of The Service will be using mitigation distribution throughout their range, hazardous materials, minimize the measures similar to those established in changes to the access and allocation of potential occurrence of such incidents. the Beaufort Sea to limit impacts of denning areas, and increased open

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33231

water swimming. Demographic effects likely to be affected by the proposed disturbances from seismic operations that may be changed due to climate activities. can be short-term and limited to minor change include changes in prey In 1990, in conjunction with the Shell changes in behavior. availability to polar bears, a potential Western E&P, Inc. walrus monitoring In 2007, at the Intrepid exploration reduction in the access to prey, and program, a total of 25 polar bears were site located on the Chukchi Sea coast changes in seal productivity. observed on the pack ice in the Chukchi south of Barrow, a female bear and her Locally in the Chukchi Sea, it is Sea between June 29 and August 11, cub were observed approximately 100 expected that the reduction of sea ice 1990. Seventeen bears were encountered meters near a pad. The bear did not extent will affect the timing of polar by the support vessel, Robert LeMeur, appear concerned about the activity bear seasonal movements between the during an ice reconnaissance survey and, while being observed by a bear coastal regions and the pack-ice. If the before drilling began at the prospects. monitor, the female changed her sea ice continues to recede as predicted, During drilling operations, four bears direction of movement and left the area. the Service anticipates that there may be were observed near (<9 km or 5 n mi) This is another example of a polar bear an increased use of terrestrial habitat in active prospects, and the remainder expressing minimal behavior change the fall period by polar bears on the were considerably beyond (15–40 km or due to an interaction with Industry and western coast of Alaska and an 8–22 n mi.). These bears responded to it is similar to encounters between polar increased use of terrestrial habitat by the drilling or icebreaking operations by bears and Industry that have been denning bears in the same area, which approaching (two bears), watching (nine documented in the Beaufort Sea. may expose bears to Industry activity. bears), slowly moving away (seven Additional information exists on Mitigation measures will be effective in bears), or ignoring (five bears) the Industry and polar bear encounters in minimizing any additional effects activities; response was not evaluated the Beaufort Sea. Documented impacts attributed to seasonal shifts in for two bears. The period of exposure to on polar bears by the oil and gas distributions of denning polar bears the operations was generally short industry in the Beaufort Sea during the during the 5-year timeframe of the because precautions were taken to past 30 years appear minimal. Polar regulations. It is likely that, due to minimize disturbances, including bears spend time on land, coming potential seasonal changes in adjusting cruise courses away from ashore to feed, den, or move to other abundance and distribution of polar bears. Similar precautions were areas. Recent studies suggest that bears bears during the fall, more frequent followed in 1989, when 18 bears were are spending more time on land than encounters may occur and that Industry sighted in the Chukchi pack ice during they have in the past, perhaps in may have to implement mitigation the monitoring program. The response to changing ice conditions. measures more often, for example, researchers of the 1990 monitoring Annual monitoring reports from increasing polar bear deterrence events. program concluded that: (1) Polar bear Industry activities and community In addition, if additional polar bear den distributions were closely linked to the observations indicate that fall storms locations are detected within industrial pack ice; (2) the pack ice was near the force bears to concentrate along the activity areas, spatial and temporal active prospects for a relatively brief coastline where bears remain until the mitigation measures, including time; and (3) the ice passing near active ice returns. For this reason, polar bears cessation of activities, may be instituted prospects contained relatively few have been encountered at or near most more frequently during the 5-year animals. coastal and offshore production period of the rule. As with the Beaufort In 2006, four individual polar bears facilities, or along the roads and Sea, the challenge in the Chukchi Sea were sighted during three oil and gas causeways that link these facilities to will be predicting changes in ice habitat seismic surveys on the Chukchi Sea. All the mainland. During those periods, the and coastal habitats in relation to the bears were observed by seismic likelihood of interactions between polar changes in polar bear distribution and support vessels. Three of the four bears bears and Industry activities increases. use of habitat. were observed walking on ice, and one From Industry monitoring reports most The proposed activities (seismic animal was observed swimming. Two of bears are observed within a mile of the surveys and exploratory drilling the four reacted to the vessel by coastline. Similarly, we expect operations) identified by the petitioners distancing itself from the vessel. All intermittent periods with high are likely to result in some incremental four sightings occurred between concentrations of bears to occur along cumulative effects to polar bears during September 2 and October 3, 2006. the Chukchi Sea coastline. the 5-year regulatory period. This could Five polar bear observations (11 The majority of actual impacts on occur through the potential exclusion or individuals) were recorded during the polar bears in the Beaufort Sea have avoidance of polar bears from feeding, University of Texas at Austin’s marine resulted from direct human-bear resting, or denning areas and disruption geophysical survey performed by the encounters. Monitoring efforts by of associated biological behaviors. U.S. Coast Guard (USCG) Cutter Healy Industry required under Beaufort Sea However, the level of cumulative in 2006. This survey was located in the regulations for the incidental take of effects, including those of climate northern Chukchi Sea and Arctic Ocean. polar bears resulted in the change, during the 5-year regulatory All bears were observed on the ice documentation of various types of period would result in less than between July 21 and August 19. No interactions between polar bears and negligible effects on the bear polar bears were in the water where Industry. A total of 269 LOAs have been population. they could have been subject to issued for incidental (unintentional) appreciable noise levels from operating take of polar bears in regard to oil and B. Observed Impacts of Oil and Gas airguns. The closest point of approach gas activities between 1993 to 2005; Industry Activities on Polar Bears distances of bears from the Healy ranged approximately 76 percent were for Information regarding interactions from 780 m to 2.5 km. One bear was exploration activities. between oil and gas activities and polar observed approximately 575 m from a In 2004, the most recent year where bears in Canada, the Beaufort Sea, and helicopter conducting ice records are complete, the oil and gas the Chukchi Sea has been collected for reconnaissance. Four of the groups industry reported 89 polar bear several decades. This information is exhibited possible reactions to the sightings involving 113 individual useful in predicting how polar bears are helicopter or vessel, suggesting that bears. Polar bears were more frequently

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33232 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

sighted from August to January. year regulatory period. Individual polar According to MMS, during exploratory Seventy-four sightings were of single bears may be observed in the open water activities, the probability of a large oil bears, and 15 sightings consisted of during offshore activities in Alaska spill occurring throughout the duration family groups. Offshore oil facilities, waters, but the vast majority of the bear of these proposed regulations (five Northstar and Endicott, accounted for populations will be found on the pack- years) is very small. In addition, 63 percent of all polar bear sightings, 42 ice or along the Chukotka coastline in protocols for controlling waste products percent and 21 percent, respectively. Russia during this time of year. These in project permits will limit exposure of This shows that Industry activities that locations are not near the proposed bears to the waste products. Oil spill occur on or near the Beaufort Sea coast Industry activities. Because there will be contingency plans are authorized by have a greater probability of few encounters, and mitigation project permitting agencies and, if encountering polar bears than Industry measures will be in place, it is unlikely necessary, will also limit the exposure activities occurring inland. Fifty-nine that there will be any lethal take due to of bears to oil. percent (n=53) of polar bear sightings Industry activities. Our experience in Furthermore, mitigation measures consisted of observations of polar bears the Beaufort Sea similarly suggests that imposed through MMS lease traveling through or resting near the there is unlikely to be any lethal take of stipulations are designed to avoid Level monitored areas without a perceived bears due to Industry exploratory A harassment (injury), reduce Level B reaction to human presence. Forty-one activity. harassment, reduce the potential for percent (n=36) of polar bear sightings Potential impacts to bears will be population-level significant adverse involved Level B harassment, where mitigated through various requirements effects on polar bears, and avoid an bears were deterred from industrial stipulated within LOAs. Mitigation unmitigable adverse impact on their areas with no injury. measures that will be required for all availability for subsistence purposes. We expect similar trends in the projects include a polar bear interaction Additional mitigation measures coastal areas of the Chukchi Sea. These plan and a record of communication described in the rule will help reduce include a higher frequency of polar with affected villages that may serve as the level of Industry impacts to polar bears observed on land during the fall the precursor to a POC with the village bears during the exploration activities and early winter months, single bears to mitigate effects of the project on through the promulgation of incidental seen more frequently than family subsistence activities. Mitigation take regulations and the issuance of groups, and a higher percentage of bears measures that will be used on a case-by- LOAs with site-specific operating observed moving passively through case basis include the use of trained restrictions and monitoring Industry areas than the percentage of marine mammal observers associated requirements, which will provide bears involved in interactions. with offshore, marine activities; bear mitigation and protection for polar Prior to issuance of regulations, lethal monitors for onshore activities; the use bears. Therefore, we conclude that the takes by Industry were rare. Since 1968, of den habitat maps (where proposed exploration activities, as there have been only two documented appropriate); the use of FLIR or polar mitigated through the regulatory cases of lethal take of polar bears bear scent-trained dogs to determine the process, will impact relatively small associated with oil and gas activities. In presence or absence of dens; timing of numbers of animals, are not expected to both instances, the lethal take was the activity to limit disturbance around have more than negligible impacts on reported to be in defense of human life. dens; the 1-mile buffer surrounding polar bears in the Chukchi Sea and will In winter 1968–1969, an Industry known dens; and suggested work not have any significant, adverse impact employee shot and killed a polar bear. actions around known dens. The on the availability of polar bears for In 1990, a female polar bear was killed Service implements certain mitigation subsistence uses. at an exploratory drill site on the west measures based on need and Potential Effects of Oil and Gas side of Camden Bay. In contrast, 33 effectiveness for specific activities based Industry Activities on Subsistence Uses polar bears were killed in the Canadian largely on timing and location. For of Pacific Walruses and Polar Bears Northwest Territories from 1976 to 1986 example, the Service will implement due to encounters with Industry. Since different mitigation measures for a 2- Walruses and polar bear have cultural the beginning of the incidental take month-long onshore exploration project and subsistence significance to the program, which includes measures that 20 miles inland, than for an offshore Inupiat Eskimos inhabiting the north minimize impacts to the species, no drilling project. Based on past coast of Alaska. Four North Slope polar bears have been killed due to monitoring information, bears are more communities are considered within the encounters associated with Industry prevalent in the coastal areas than 20 potentially affected area of Industry activities on the North Slope. For this miles inland. Therefore, the monitoring activities: Point Hope, Point Lay, reason, Industry has requested that and mitigation measures that the Wainwright, and Barrow. The open- these regulations cover only nonlethal, Service deems appropriate must be water season for oil and gas exploration incidental take. We anticipate this implemented to limit the disturbance to activities coincides with peak walrus nonlethal trend to continue in the bears, and the measures deemed hunting activities in these communities. Chukchi Sea. necessary to limit human-bear The subsistence harvest of polar bears interactions may differ. can occur year round in the Chukchi C. Evaluation Potential impacts of Industry waste Sea, depending on ice conditions, with The Service anticipates that potential products and oil spills suggest that peaks usually occurring in spring and impacts of seismic noise, physical individual bears could be impacted by fall. obstructions, human encounters, this type of disturbance were it to occur. Noise and disturbances associated changes in distribution or numbers of Depending on the amount of oil or with oil and gas exploration activities prey species, oil spills, and cumulative wastes involved, and the timing and have the potential to adversely impact effects on polar bears would be limited location of a spill, impacts could be subsistence harvests of walruses and to short-term changes in behavior that short-term, chronic, or lethal. In order polar bears by displacing animals would have no long-term impact on for bear population reproduction or beyond the hunting range of these individuals or identifiable impacts to survival to be impacted, a large-volume communities. Disturbances associated the polar bear population during the 5- oil spill would have to take place. with exploration activities could also

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33233

heighten the sensitivity of animals to Point Lay, Wainwright, and Barrow (1) Historical data regarding the timing humans with potential impacts to through their local government and location of harvests; (2) hunting success. Little information is organizations to identify any additional effectiveness of mitigation measures available to predict the effects of measures to be taken to minimize stipulated by MMS-issued operational exploration activities on the subsistence adverse impacts to subsistence hunters permits; (3) Service regulations to be harvest of walruses and polar bears. in these communities. A POC will be codified at 50 CFR 18.118 for obtaining Hunting success varies considerably developed if there is a general concern an LOA, which include requirements for from year to year because of variable ice from the community that the proposed community consultations and POCs, as and weather conditions. Changing activities will impact subsistence uses appropriate, between the applicants and walrus distributions due to declining of Pacific walruses or polar bears. The affected Native communities; (4) sea ice may also directly affect hunting POC must address how applicants will effectiveness of mitigation measures opportunities. As ice retreats past the work with the affected Native stipulated by Service-issued LOAs; and continental shelf, walrus have limited communities and what actions will be (5) anticipated effects of the applicants’ places to haul-out at sea to rest. In 2007, taken to avoid interference with proposed activities on the distribution multiple new and larger terrestrial haul- subsistence hunting of walruses and and abundance of walruses and polar outs were documented. These terrestrial polar bears. The Service will review the bears. haul-outs allowed for increased access POC prior to issuance of the LOA to to walrus for subsistence harvests. ensure that any potential adverse effects Summary of Take Estimates for Pacific The MMS and the petitioners believe on the availability of the animals are Walruses and Polar Bears that exploration activities can be minimized. Small Numbers Determination conducted in a manner that will not (2) Take authorization will not be result in an adverse impact on granted for activities in the marine As discussed in the ‘‘Biological subsistence hunting of marine mammals environment which occur within a 40- Information’’ section, the dynamic in the Chukchi Sea. Lease Sale Area 193 mile radius of Barrow, Wainwright, nature of sea ice habitats influences includes a 25-mile coastal deferral zone, Point Hope, or Point Lay, unless seasonal and annual distribution and i.e., no lease sales will be offered within expressly authorized by these abundance of polar bears and walruses 25 miles of the coast, which is expected communities through consultations or in the specified geographical region to reduce the impacts of exploration through a POC. This condition is (eastern Chukchi Sea). The following activities on subsistence hunting. intended to limit potential interactions five-factor analysis demonstrates that Offshore seismic exploration will be between Industry activities and only small numbers of Pacific walrus restricted prior to July 1 of each open subsistence hunting in near-shore and polar bears are likely to be taken water season to allow migrating marine environments. incidental to the described Industry mammals the opportunity to disperse (3) Offshore seismic exploration activities relative to the number of from the coastal zone. It is noted that activities will be authorized only during walruses and polar bears that are support vessels and aircrafts are the open-water season, which will not expected to be unaffected by those expected to regularly transit the coastal exceed the period of July 1 to November activities. This analysis is based upon deferral zone and have the potential to 30. This condition is intended to allow known distribution patterns and habitat disturb marine mammals in coastal communities the opportunity to use of Pacific walruses and polar bears. hunting areas. The MMS Lease participate in subsistence hunts for 1. The number of walruses and polar stipulations will require lessees to polar bears without interference and to bears occupying the specified consult with the subsistence minimize impacts to walruses during geographical region during the open communities of Barrow, Wainwright, the spring migration. Exemption water exploration season is expected to Point Lay, and Point Hope prior to waivers to this operating condition may be proportionally smaller than the submitting an Operational Plan to MMS be issued by the Service on a case-by- number of animals distributed in other for exploration activities. The intent of case basis, based upon a review of regions. During the summer months, the these consultations is to identify any seasonal ice conditions and available Pacific walrus population ranges well potential conflicts between proposed information on walrus and polar bear beyond the boundaries of the OCS lease exploration activities and subsistence distributions in the area of interest. sale area. Over the past decade, hunting opportunities in the coastal (4) A 15-mile separation must be significant concentrations of animals communities. Where potential conflicts maintained between all active seismic have been observed during the open- are identified, MMS may require surveys and/or exploratory drilling water season at coastal haul-outs along additional mitigation measures as operations to mitigate cumulative the northern coastline of Chukotka, identified by NMFS and the Service impacts to resting, feeding, and Russia, presumably in response to low through MMPA authorizations. migrating walruses. ice concentrations in offshore areas. In addition to the existing MMS lease There are no recent aerial surveys along stipulations and mitigation measures Evaluation the western (Russian) portion of the described above, the Service has also Based on the best scientific Chukchi Sea, however, observations by developed additional mitigation information available and the results of hunters in 2007 noted an estimated measures that will be implemented harvest data, including affected villages, 75,000 to 100,000 walruses on haul-outs through these incidental take the number of animals harvested, the along the Russian coastline. In regulations. The following LOA season of the harvests, and the location comparison, aerial surveys in the U.S. stipulations, which will mitigate of hunting areas, we find that the effects sector of the Chukchi Sea in 2007 potential impacts to subsistence walrus of the proposed exploration activities in estimated 2,000–5,000 walruses were and polar bear hunting from the the Chukchi Sea region would not have using coastal haul-outs along the proposed activities, apply to incidental an unmitigable adverse impact on the Chukchi Sea coast of Alaska. Several take authorizations: availability of walruses and polar bears tens of thousands of walruses (primarily (1) Prior to receipt of an LOA, for taking for subsistence uses during bulls) are also known to use coastal applicants must contact and consult the period of the rule. In making this haul-outs south of the Chukchi, in the with the communities of Point Hope, finding, we considered the following: Bering Sea, during the ice free season.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33234 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Based on this distribution information, 3. Within the specified geographical None of the take that occurred would we can infer that the number of walrus region, the footprint of authorized have affected reproduction, survival, or expected in the area of operation during projects is expected to be small relative other critical life functions. the open water season when no ice is to the range of polar bear and walrus in In 2006, sightings of 17 polar bears present is at least an order of magnitude the region. The Chukchi Sea lease sale were reported by vessel monitoring less than the number of walrus utilizing area represents 1.9 million square programs for seismic activities that pack ice and land habitats outside the kilometers of potential walrus and polar occurred in the region where the proposed area of operations. bear habitat, comprising approximately majority of the proposed activities will Polar bears also range well beyond the 20 percent of the total area where occur. Of these, only 6 of the polar bears boundaries of the Chukchi Sea lease sale walrus and polar bears would be exhibited some form of behavioral area. Even though they are naturally expected to be found in the Chukchi Sea response and all effects were limited to widely distributed throughout their region. The typical marine seismic short-term, minor behavioral changes, range, a relatively large proportion of survey project is expected to sample less primarily moving away from the bears from the CS population utilize the than 3 percent of this area and, because distraction. Therefore, none of the take western Chukchi sea region of Russia. of difficulties associated with operating that occurred would have affected Concurrently, polar bears from the SBS in and near pack ice, survey vessels will reproduction, survival, or other critical population predominantly utilize the be operating in habitats where walrus life functions. central Beaufort Sea region of the and polar bear densities are expected to Although the actual number of Alaskan and Canadian Arctic. These be low. Although it is impossible to animals exhibiting some form of areas are well outside of the geographic predict with certainty the number of behavioral response will vary from year region of these regulations. walruses or polar bears that might be to year related to the exact amount of 2. Within the specified geographical present in the offshore environment of industrial activity, we anticipate that region, the number of walruses and the lease sale area in a given year, or in response will be comparable to the take polar bears utilizing open water a specific project area during the open that occurred in 2006 in terms of the habitats, where the primary activity water season, based on habitat number of animals appearing to be (seismic surveys) during offshore characteristics where most exploration disturbed by the activity as a proportion exploration operations will occur, is activities will occur (open-water of the number of animals sighted. We expected to be small relative to the environments) and the small sphere of also anticipate that the type of take will number of animals utilizing pack ice influence that an authorized project be similar to that observed in 2006, i.e., habitats or coastal areas. Both walruses would have on the lease sale area; based nonlethal, minor, short-term behavioral and polar bears are poorly adapted to on scientific knowledge and observation changes. life in the open ocean. Unlike other of the species, only small numbers of 5. Monitoring requirements and pinnepeds, walruses must periodically walruses and polar bears will come in adaptive mitigation measures are ‘‘haul-out’’ onto ice or land to rest. The contact with Industry operations, and of expected to significantly limit the previous aerial survey efforts in the those, only a small percentage will number of incidental takes of animals. offshore region of the eastern Chukchi exhibit behavior constituting take. Holders of an LOA will be required to Sea found that most (80–96 percent) As detailed in the section, adopt monitoring requirements and walruses were closely associated with ‘‘Description of Geographic Region,’’ mitigation measures designed to reduce sea ice and that the number of walruses terrestrial habitat encompasses potential impacts of their operations on observed in open water decreased approximately 10,000 square kilometers walruses and polar bears. Restrictions significantly with distance from the of the NPR-A. A smaller portion of this on the season of operation (July– pack ice. Previous survey efforts in the habitat situated along the coast could be November) for marine activities are region in 1975, 1980, 1985, and 1990 potential polar bear denning habitat. intended to limit operations to ice free concluded that most walruses will However, most coastal denning for the conditions when walrus and polar bear remain closely associated with floating Chukchi Sea bears occurs in Russia, densities are expected to be low in the pack ice during the open water season. outside of the geographic region. Where proposed area of Industry operation. We expect this behavior to continue. terrestrial activities may occur in coastal Monitoring programs are required to Under minimal or no-ice conditions, we areas of Alaska in polar bear denning inform operators of the presence of expect most walruses will either migrate habitat, specific mitigation measures marine mammals and sea ice incursions. out of the region in pursuit of more will be required to minimize Industry Adaptive management responses based favorable ice habitats, or relocate to impacts. on real-time monitoring information coastal haul-outs (primarily in Russia) 4. Monitoring reports required of the (described in these regulations) will be where their foraging trips will be industry in 2006 in the region where the used to avoid or minimize interactions restricted to near-shore habitats. majority of the proposed activities with walruses and polar bears. For Polar bears are capable of swimming would occur provides insight on the Industry activities in terrestrial long distances across open water. level and significance of potential take. environments where denning polar However, based on scientific data, polar Of the small number of walruses sighted bears may be a factor, mitigation bears are expected to remain closely in 2006, approximately one-fourth (318 measures will require that den detection associated with either sea ice or coastal of the 1,186 walrus documented by surveys be conducted and Industry will zones during the open water season observers onboard a seismic vessel) of maintain at least a one-mile distance where food availability is high. We the animals observed exhibited some from any known polar bear den. A full expect the number of walruses and form of behavioral response to the same description of the mitigation, polar bears using pelagic waters during type of seismic activity covered by this monitoring, and reporting requirements proposed open-water exploration rule and as such qualified as level B associated with an LOA which will be activities to be very small relative to the harassment take. The behavioral requirements for Industry can be found number of animals exploiting more responses recorded were short-term in Section 18.118. favorable habitats in the region (i.e., nonlethal responses and the effects were To summarize, only a small number pack ice habitats and/or coastal haul- limited to short-term, minor behavioral of the Pacific walrus population and the outs and near-shore environments). changes, primarily dispersal or diving. Chukchi Sea and Southern Beaufort Sea

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33235

polar bear population will be impacted (6) although sea ice decline as the season. Animals in the area of by the proposed Industry activity. This result of climate change is likely to operations will either be traveling statement can be made with a high level result in significant impacts to polar through the area or feeding. of confidence because: bears and walruses in the future, it will In the open water season, polar bears (1) Based upon the reported also likely reduce the number of polar are closely associated with pack-ice and distribution of 100,000 walrus on haul- bears and walruses occurring in the are unlikely to interact with open-water outs on the Chukotka coast and between proposed area during Industry activity, industrial activities for the same reasons 2,000 to 5,000 walrus in aerial surveys further reducing the potential for discussed in the Small Numbers in 2007 on haul-outs on the Alaska interaction. Determination. Likewise, polar bears coast, as well as the estimated 5,000 In conclusion, given the spatial from the CS and SBS populations are walrus in Bristol Bay; the number of distribution, habitat requirements, and widely distributed at extremely low walrus expected in the area of operation observed and reported data, the number densities and range outside of the during the open water season when no of animals coming in contact with the geographic region of these regulations. ice is present is at least an order of industry activity will be small by an 2. The predicted effects of proposed magnitude less than the number of order of magnitude to the Chukchi Sea activities on walruses and polar bears walrus utilizing pack ice and land walrus and the Chukchi and South will be nonlethal, temporary passive habitats outside the proposed area of Beaufort Sea polar bear populations. takes of animals. The documented operations. Additionally, although polar Therefore, even in the face of increased impacts of previous Industry activities bears are capable of swimming long industry activity, the number of walrus on walruses and polar bears, taking into distances across open water, based on and polar bear taken by this activity will consideration cumulative effects, scientific evidence polar bears are be small and the effect on their provides direct information that the expected to remain closely associated respective populations negligible. types of activities analyzed for this rule with either sea ice or coastal zones will have minimal effects and will be Negligible Effects Determination where food availability is high and not short-term, temporary behavioral in open water where the proposed Based upon our review of the nature, changes. The Service predicts the effects activity will occur; scope, and timing of the proposed oil of industry activities on walruses and (2) the specific geographic region and gas exploration activities and polar bears will have a low frequency of where the proposed activity will occur mitigation measures, and in occurrence, the effects will be sporadic is approximately 20 percent of the total consideration of the best available and of short duration. Additionally, area where walrus and polar bears scientific information, it is our effects will involve very passive forms would be expected to be found, and the determination that the proposed of take. This passive displacement will actual marine footprint of the Industry activities will have a negligible impact be limited to small numbers of walruses operations comprises less than 3 percent on Pacific walrus and on polar bears. and polar bears. Displacement will not of this area, all of which is expected to Factors considered in our negligible result in more than negligible effects be open water during seismic effects determination include: because habitats of similar values are operations; 1. The behavior and distribution of not limited to the area of activity and (3) based upon 2006 onboard walruses and polar bears at low are abundantly available within the observations, 1,186 walrus were densities utilizing areas that overlap region. observed by support vessels on ice with Industry is expected to limit the A description of Industry impacts in scouting missions and of those, amount of interactions between 2006, in the Chukchi Sea, where the approximately 318 exhibited mild forms walruses, polar bears, and Industry. The majority of the proposed activities will of behavioral response. Only 17 polar distribution and habitat use patterns of occur, showcase the number and type of bears were observed and only 6 walruses and polar bears in conjunction impacts that will likely occur during the exhibited mild forms of behavioral with the likely area of Industrial activity regulatory period. In 2006, vessel based response. In both instances, less than results in a small portion of the monitors reported 1,186 walrus half of the animals encountered population in the area of operations sightings during Industry seismic exhibited any behavioral response and and, therefore, likely to be affected. As activity. Three hundred eighteen of the those that responded did so in a mild discussed in the section ‘‘Biological walruses sighted exhibited some form of fashion. Consequently, with the Information’’ (see Pacific Walruses behavioral response to the vessels, anticipation of approximately five section), walruses are expected to be primarily dispersal or diving. Again, vessels operating annually, the aggregate closely associated with ice and land other than a short-term change in number of takes will remain small in haulouts during the operating season. behavior, no negative effects were noted comparison to the species population in Only small numbers of walruses are and the numbers of animals the Chukchi Sea. likely to be found in open water habitats demonstrating a change in behavior was (4) importantly, the behavioral where offshore exploration activities small in comparison to those observed response observed was a very passive will occur. In 2007, up to 100,000 in the area. form of take. For walrus the response walruses were observed on haul-outs on During the same time, polar bears was primarily dispersal or diving and the Chukotka coastline (where the vast documented during Industry seismic for polar bears primarily moving away majority of animals were females and surveys in the Chukchi Sea were from the disturbance. Such response calves) and approximately 2,000 to observed walking on ice and swimming. would not have affected reproduction, 5,000 walruses were observed at haul- Bears reacted to a vessel by distancing survival, or other critical life functions. outs on the Alaska Chukchi Sea coast, themselves from the vessel. In addition, This same level of behavioral response as well as the annual counts of polar bear reactions recorded during a is expected if encounters occur during approximately 5,000 walruses in Bristol research marine geophysical survey in future operations; Bay. These areas are outside of the 2006 documented that bears exhibited (5) the restrictive monitoring and Chukchi Sea Lease Sale area. In minor reactions to helicopter or vessel mitigation measures that will be placed addition, the primary industrial traffic, suggesting that disturbances from on Industry activity will further reduce activities that may affect walruses will seismic operations can be short-term the minimal impacts expected; and occur outside the walrus breeding and limited to minor changes in

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33236 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

behavior. Likewise, in the terrestrial of the ice shelf by polar bears) that are information, only a portion of the environment, bears observed near a pad outside the proposed areas of Industrial animals in the vicinity of the industrial at the Intrepid project in 2007, activity and during the season (open- activities are likely to be affected and expressed minimal behavioral changes water) when the majority of activities the behavioral responses are expected to where they altered direction while being will be conducted. As a result of be nonlethal, minor, short-term observed by a bear monitor. continued ice retreat due to climate behavioral changes; and (5) the required 3. The footprint of authorized projects change, we expect fewer animals in the monitoring requirements and mitigation is expected to be small relative to the area of proposed Industry activities measures described below will further range of polar bear and walrus during the open water season. reduce impacts. Therefore, the number populations. A limited area of activity We therefore conclude that any of animals likely to be affected is small, will reduce the potential to exposure of incidental take reasonably likely to or because: (1) A small portion of the animals to Industry activities and limit reasonably expected to occur as a result Pacific walrus population or the potential interactions of those animals of carrying out any of the activities Chukchi Sea and Southern Beaufort Sea using the area, such as walruses feeding authorized under these regulations will polar bear populations will be present in the area or polar bears or walruses have no more than a negligible effect on in the area of Industry activities, (2) of moving through the area. Pacific walruses and polar bears that portion, a small percentage will 4. Mitigation measures will limit utilizing the Chukchi Sea region, and come in contact with Industry activities, potential effects of industry activities. we do not expect any resulting and (3) the response by those animals As described in the Small Numbers disturbances to negatively impact the will likely be minimal changes in Determination, holders of an LOA will rates of recruitment or survival for the behavior. be required to adopt monitoring Pacific walrus and polar bear requirements and mitigation measures populations. These regulations do not Negligible Effects designed to reduce potential impacts of authorize lethal take, and we do not The Service finds that any incidental their operations on walruses and polar anticipate any lethal take will occur. take reasonably likely to result from the bears. Seasonal restrictions, monitoring effects of oil and gas related exploration programs required to inform operators Findings activities during the period of the rule, of the presence of marine mammals and We make the following findings in the Chukchi Sea and adjacent sea ice incursions, den detection regarding this western coast of Alaska will have no surveys for polar bears, and adaptive Small Numbers more than a negligible effect on the rates management responses based on real- of recruitment and survival of polar time monitoring information (described The Service finds that any incidental bears and Pacific walruses in the in these regulations) will be used to take reasonably likely to result from the Chukchi Sea Region. In making this avoid or minimize interactions with effects of the proposed activities, as finding, we considered the best walruses and polar bears; limiting mitigated through this regulatory scientific information available on: (1) Industry effects on these animals. process, will be limited to small The biological and behavioral 5. The potential impacts of climate numbers of walruses and polar bears. In characteristics of the species, which is change, such as a decline in sea ice, for making this finding the Service expected to limit the amount of the duration of the regulations (2008– developed a ‘‘small numbers’’ analysis interactions between walruses, polar 2012) has the potential to result in a based on: (a) The seasonal distributions bears, and Industry; (2) the nature of redistribution of walruses and polar and habitat use patterns of walruses and proposed oil and gas industry activities; bears away from the geographic region polar bears in the Chukchi Sea; (b) the (3) the potential effects of Industry and during the season of Industry timing, scale, and habitats associated activities on the species; (4) the activity. Decline in sea ice is likely to with the proposed activities and the documented impacts of Industry result in significant impacts to polar limited potential area of impact in open activities on the species, where bear and walrus populations in the water habitats, and (c) monitoring nonlethal, temporary, passive takes of future. Recent trends in the Chukchi Sea requirements and mitigation measures animals occur, taking into consideration have resulted in seasonal sea-ice retreat designed to limit interactions with, and cumulative effects; (5) potential impacts off the continental shelf and over deep impacts to, polar bears and walruses. of declining sea ice due to climate Arctic Ocean waters, presenting We concluded that only a small change, where both walruses and polar significant adaptive challenges to proportion of the Pacific walrus bears can potentially be redistributed to walruses in the region. Reasonably population or the Chukchi Sea and locations outside the areas of Industry foreseeable impacts to walruses as a Southern Beaufort Sea polar bear activity due to their fidelity to sea ice; result of diminishing sea ice cover populations will likely be impacted by (6) mitigation measures that will include: shifts in range and abundance; any individual project because: (1) The minimize Industry impacts through increased reliance on coastal haul-outs; proportion of walruses and polar bears adaptive management; and (7) other and increased mortality associated with in the United States portion of the data provided by monitoring programs predation and disturbances events at Chukchi Sea region during the open in the Beaufort Sea (1993–2006) and coastal haul-outs. Although declining water season when ice is not present is historically in the Chukchi Sea (1991– sea ice and its causes are pressing small compared to numbers of walruses 1996). conservation issues for ice dependent and polar bears found outside the Our finding of ‘‘negligible impact’’ species, such as polar bears and region; (2) within the specified applies to non-lethal incidental take walruses, activities proposed by geographical region, only small numbers associated with proposed oil and gas Industry and addressed in this five-year of walruses or polar bears will occur in exploration activities as mitigated rule will not adversely impact the the open-water habitat where marine through the regulatory process. The survival of these species as the likely Industry activities will occur; (3) within regulations establish monitoring and response to near-term climate-driven the specified geographical region, the reporting requirements to evaluate the change (retreat of sea ice) will result in footprint of marine operations is a small potential impacts of authorized the species utilizing areas (such as percentage of the open water habitat in activities, as well as mitigation coastal haul-outs by walrus and the edge the region; (4) based on monitoring measures designed to minimize

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33237

interactions with and impacts to an LOA, applicants will be required to Holders of LOAs will be required to walruses and polar bears. We will consult with the Eskimo Walrus have an approved, site-specific marine evaluate each request for an LOA based Commission, the Alaska Nanuuq mammal monitoring and mitigation on the specific activity and the specific Commission, and the communities of plan on file with the Service and on site. geographic location where the proposed Point Hope, Point Lay, Wainwright, and Marine mammal monitoring and activities will occur to ensure that the Barrow through a POC to discuss mitigation plans must be designed to level of activity and potential take is potential conflicts with subsistence enumerate the number of walruses and consistent with our finding of negligible walrus and polar bear hunting caused polar bears encountered during impact. Depending on the results of the by the location, timing, and methods of authorized activities, estimate the evaluation, we may grant the proposed operations. Documentation of number of incidental takes that occurred authorization, add further operating all consultations must be included in during authorized activities, and restrictions, or deny the authorization. LOA applications. Documentation must evaluate the effectiveness of prescribed For example, restrictions in potential include meeting minutes, a summary of mitigation measures. denning areas will be applied on a case- any concerns identified by community Monitoring activities are summarized by-case basis after assessing each LOA members, and the applicant’s responses and reported in a formal report each request and could require pre-activity to identified concerns. If community year. The applicant must submit an surveys (e.g., aerial surveys, FLIR concerns suggest that the proposed annual monitoring and reporting plan at surveys, and/or polar bear scent-trained activities could have an adverse impact least 90 days prior to the initiation of a dogs) to determine the presence or on the subsistence uses of these species, proposed activity, and the applicant absence of denning activity and, in conflict avoidance issues must be must submit a final monitoring report to known denning areas, may require addressed through a POC. us no later than 90 days after the enhanced monitoring or flight Where prescribed, holders of LOAs completion of the activity. We base each restrictions, such as minimum flight will be required to have a POC on file year’s monitoring objective on the elevations. Monitoring requirements with the Service and on-site. The POC previous year’s monitoring results. and operating restrictions associated must address how applicants will work We require an approved plan for with offshore drilling operations will with potentially affected Native monitoring and reporting the effects of include requirements for ice-scouting, communities and what actions will be oil and gas industry exploration surveys for walruses and polar bears in taken to avoid interference with activities on walruses and polar bears the vicinity of active drilling operations, subsistence hunting opportunities for prior to issuance of an LOA. We require requirements for marine mammal walruses and polar bears. The POC must approval of the monitoring results for observers onboard drill ships and ice include: continued authorization under the LOA. breakers, and operational restrictions 1. A description of the procedures by Discussion of Comments on the near polar bear and walrus aggregations. which the holder of the LOA will work Proposed Rule and consult with potentially affected Impact on Subsistence Take subsistence hunters. The proposed rule, which was Based on the best scientific 2. A description of specific measures published in the Federal Register (72 information available and the results of that have been or will be taken to avoid FR 30670) on June 1, 2007, included a harvest data, including affected villages, or minimize interference with request for public comments. The the number of animals harvested, the subsistence hunting of walruses and closing date for the comment period was season of the harvests, and the location polar bears, and to ensure continued June 30, 2007. We received 4,360 of hunting areas, we find that the effects availability of the species for comments. of the proposed exploration activities in subsistence use. We received numerous comments the Chukchi Sea region would not have The Service will review the POC to regarding the Incidental Harassment an unmitigable adverse impact on the ensure any potential adverse effects on Authorization (IHA) process. Those availability of walruses and polar bears the availability of the animals are comments are beyond the scope of this for taking for subsistence uses during minimized. The Service will reject POCs rule and consequently are not addressed the period of the rule. In making this if they do not provide adequate in this rule. However, we reviewed and finding, we considered the following: safeguards to ensure that marine considered the comments submitted as (1) Historical data regarding the timing mammals will remain available for a part of the IHA process. Prior to and location of harvests; (2) subsistence use. issuance of any IHAs, we concluded effectiveness of mitigation measures If there is evidence during the 5-year that no additional changes were stipulated by Service regulations for period of the regulations that oil and gas necessary in our finding that the obtaining an LOA at 50 CFR 18.118, activities are affecting the availability of impacts of seismic exploration which includes requirements for walruses or polar bears for take for conducted during the 2007 Chukchi Sea community consultations and POCs, as subsistence uses, we will reevaluate our open-water were negligible and would appropriate, between the applicants and findings regarding permissible limits of not have unmitigable adverse impacts affected Native communities; (3) MMS- take and the measures required to on the availability of the species or issued operational permits; and (4) ensure continued subsistence hunting stock for taking for subsistence uses. anticipated 5-year effects of Industry opportunities. With respect to this rule, the following proposed activities on subsistence issues were raised: hunting. Monitoring and Reporting Applicants must use methods and The purpose of monitoring 1. MMPA and NEPA conduct activities identified in their requirements is to assess the effects of Comment: The Service should LOAs in a manner that minimizes to the industrial activities on walruses and conduct a more thorough analysis that greatest extent practicable adverse polar bears to ensure that take is explicitly considers the: (1) Direct impacts on Pacific walruses and polar consistent with that anticipated in the effects on walrus and polar bear bears, their habitat, and on the negligible-impact and subsistence use populations; (2) potential or likely availability of these marine mammals analyses, and to detect any effects of other oil and gas activities, for subsistence uses. Prior to receipt of unanticipated effects on the species. climate change, and other human-

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33238 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

induced factors; and (3) cumulative bear and walrus stocks in Alaska. As we populations have not been adversely effects of all of these activities over gain a better understanding of climate affected by oil and gas activities. time. change and effects on these resources, Comment: The environmental Response: The Service has analyzed we will incorporate the information in assessment (EA) provides little analysis oil and gas exploratory activities taking future actions. Ongoing studies include of secondary or cumulative impacts of into account risk factors to polar bears those led by the USGS Alaska Science past, present, and reasonably and walruses such as potential habitat Center, in cooperation with the Service, foreseeable actions on walrus and polar loss, harassment, lethal take, oil spills, to examine polar bear habitat use, bear populations. Consequently, there is contaminants, and effects on prey reproduction, and survival relative to a no basis for concluding a negligible species that are directly related to changing sea-ice environment. Specific impact for walrus and polar bear, nor a Industry within the geographic region. objectives of the project include: Polar conclusion that there will be no The Service analysis of oil and gas bear habitat availability and quality unmitigatable adverse impact on activities for this rulemaking influenced by ongoing climate changes subsistence use. encapsulates all of the known oil and and the response by polar bears; the Response: Cumulative impacts have gas industry’s activities that will occur effects of polar bear responses to been analyzed in the context of making in the geographic region during the climate-induced changes to the sea-ice a finding that the total takings during 5-year regulation period. If additional environment on body condition of the 5-year period of the rule will have activities are proposed that were not adults, numbers and sizes of offspring, a negligible impact on Pacific walruses included in the Industry petition or survival of offspring to weaning and polar bears and will not have an otherwise known at this time, the (recruitment); and population age unmitigable adverse impact on the Service will evaluate the potential structure. The Service and USGS are availability of walruses and polar bears impacts associated with those projects also conducting multi-year studies of for subsistence uses. The Service further to determine whether a given project the walrus population to estimate concluded that any potential impacts to lies within the scope of the analysis for population size and investigate habitat polar bears and walrus as a result of the these regulations. use patterns. proposed Industry activities will be The Service agrees that climate minimized with regulations in place Our analysis does consider change is a likely factor in the decline because the Service will have increased cumulative effects of oil and gas of sea ice, which is a threat to the polar ability to work directly with the activities described in Industry’s bear. Sea ice decline also has the Industry operators through petition. These occur in the area over potential to impact walrus populations. implementation of monitoring and the 5-year time period covered by these We addressed this issue for polar bears mitigation measures. It is important to regulations. Cumulative impacts of oil in the decision to list the polar bear as note that the incidental take regulations threatened under the ESA (73 FR 28212; and gas activities have been assessed, in are not valid for an indefinite length of May 15, 2008). We expanded our part, through the information we have time. They expire in 5 years. analysis in the final rule to include gained in prior Industry monitoring Consequently, our analyses are limited more detail on the decline of sea ice reports from the Beaufort Sea, which are to anticipated impacts of all known associated with climate change and required for each operator under the activities that will occur in the other factors. We have concluded that authorizations. Information from these geographic region during the 5-year the activities proposed by Industry and reports provides a history of past regulation period. It should also be addressed in this rule will have limited Industry effects and trends on walruses noted that the Service can withdraw or impact on the survival of the species. and polar bears from interactions with suspend the regulations at any time Recent trends in the Chukchi Sea oil and gas activities. In addition, during the 5-year period if the Service have resulted in seasonal sea-ice retreat information used in our cumulative concludes that new information or off the continental shelf and over deep effects assessment includes research events create more than a negligible Arctic Ocean waters, presenting publications and data, traditional impact on polar bear or walrus significant adaptive challenges to knowledge of polar bear and walrus populations or an unmitigable adverse walruses in the region. Reasonably habitat use in the area, anecdotal impact on subsistence use. We have foreseeable impacts to walruses as a observations, and professional revised the EA to further clarify these result of diminishing sea ice cover judgment. points. include: Shifts in range and abundance; Monitoring results indicate little Comment: The Service violates NEPA increased reliance on coastal haulouts; short-term impact on polar bears or by failing to prepare a full EIS for the and increased mortality associated with Pacific walruses, given these types of proposed regulations and take predation and disturbances at coastal activities. We evaluated the sum total of authorizations. Under NEPA, an EIS haulouts. Secondary effects on animal both subtle and acute impacts likely to must be prepared if ‘‘substantial health and condition resulting from occur from industrial activity and, using questions are raised as to whether a reductions in suitable foraging habitat this information, we determined that all project may cause significant may also influence survivorship and direct and indirect effects, including degradation of some human productivity. Future studies cumulative effects, of industrial environmental factor.’’ investigating walrus distributions, activities during the 5-year regulatory Response: Section 1501.4(b) of NEPA, population status and trends, and period would not adversely affect the found at 40 CFR Chapter V, notes that, habitat use patterns in the Chukchi Sea species through effects on rates of in determining whether to prepare an are important for responding to walrus recruitment or survival. Based on past EIS, a Federal agency may prepare an conservation and management issues information, the level of interaction EA and, based on the EA document, associated with environmental and between Industry and polar bears and make a determination whether to habitat changes. Pacific walruses has been minimal. prepare an EIS. The Department of the The Service is currently involved in Additional information, such as Interior’s policy and procedures for the collection of baseline data to help us subsistence harvest levels and compliance with NEPA (69 FR 10866) understand how the changing Arctic incidental observations of polar bears further affirm that the purpose of an EA environment will be manifested in polar near shore, provide evidence that these is to allow the responsible official to

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33239

determine whether to prepare an EIS or IHA program similar to the NMFS alternatives, and a listing of agencies a ‘‘Finding of No Significant Impact’’ program. and persons consulted. The Service EA (FONSI). The Service analyzed the In determining the impact of prepared for the promulgation of these proposed activity, i.e., issuance of incidental taking, the Service must incidental take regulations provides a implementing regulations, in evaluate the ‘‘total taking’’ expected discussion for each of these items. The accordance with the criteria of NEPA from the specified activity in a specific DOI policy and procedures for and made an initial determination that geographic area. The estimate of total compliance with NEPA (69 FR 10866) it does not constitute a major Federal taking involved the accumulation of further states that an EA may be action significantly affecting the quality impacts from all anticipated activities to ‘‘prepared in any format useful to of the human environment. Potential be covered by the specific regulations. facilitate planning, decision-making, impacts of these regulations on the Our analysis indicated that separating and appropriate public participation.’’ species and the environment were Industry operations by various means The EA, as prepared by the Service, analyzed in the EA rather than the was not a viable alternative, as we serves these purposes and complies potential impacts of the oil and gas cannot separate or exempt specific with all NEPA requirements. activities. There appeared to be some activities in order to make a negligible The potential of oil spills, both large confusion between the potential impacts finding. In addition, during the 2006 and small, is discussed under section of these regulations and the potential and 2007 open-water seasons, the 3.4 of the EA for both Pacific walruses impacts of the activities themselves. It Service authorized IHAs for oil and gas and polar bears in their subsections should be noted that the Service does development activities in the Chukchi under this section. The EA further not authorize the actual Industry Sea as a means to establish temporary contains a discussion of potential activities. Those activities are incidental take authorization for a impacts to prey species of both walruses authorized by other State and Federal limited number of projects occurring in and polar bears. The information agencies, and could likely occur even the area. This was a new process for the presented in these sections of the EA without incidental take authority. These Service and, subsequently, the Service was considered in the Service findings regulations provide the Service with a concluded that the IHA process did not for these regulations. means of interacting with Industry to provide the comprehensive coverage Comment: Certain geophysical survey insure that the impacts to polar bears necessary due to the types and numbers operations, such as aeromagnetic and Pacific walruses are minimized. of onshore and offshore oil and gas surveys, were not analyzed in the Furthermore, the analysis in the EA activities that may encounter walruses proposed rule or the EA. and polar bears during the next 5 years. found that the proposed activity would Response: All activities described Therefore, further analysis of these have a negligible impact on polar bears within Industry’s petitions were alternatives was not appropriate. and Pacific walruses and would not analyzed for these regulations. Those have an unmitigable adverse impact on To reduce paperwork, NEPA regulations at 40 CFR 1500.4(j) activities thought to have the potential subsistence users, thereby resulting in a to impact walruses or polar bears will be FONSI. Therefore, in accordance with encourage agencies to incorporate by prescribed additional mitigation NEPA, an EIS is not required. reference. In describing the physical measures. Comment: The EA is a deficient NEPA environment of the geographic area, the document because: (1) The Service Service EA refers the reader to the Comment: Environmental needs to conduct more thorough Programmatic EA prepared by the MMS. consequences of the activities of the analysis of various alternatives, not just The Service EA describes the specific various foreign-flagged vessels the issuance of the 5-year take biological environment of the walrus scheduled to participate in the proposed regulations and the no-action and the polar bear within the identified activities were ignored. The Service alternative; (2) the Service has failed to geographic area. To the best extent cannot authorize take in the Alaskan identify unique habitats, including possible we have described sensitive Chukchi Sea while ignoring related take national wildlife refuge lands, sensitive onshore areas for walruses and polar that will occur elsewhere in the high onshore areas, and private lands; (3) the bears in the geographic region within seas. EA is not formatted correctly; and (4) the EA and the regulations. Response: This suggestion goes the EA fails to address the likely and The Service acknowledges that the beyond the scope of this rule and potential impacts of oil spills on polar geographic region contains a multitude beyond the petitioner’s request. The bears and walrus. of lands that are managed under various regulations identify the geographic area Response: Section 102(2)(E) of NEPA owners; however, the use of unique covered by this request as the requires a Federal agency to ‘‘study, lands will be dictated by those continental shelf of the Arctic Ocean develop, and describe appropriate regulatory agencies with authority to adjacent to western Alaska, including alternatives to recommended courses of permit the Industry activities. Once an the waters (State of Alaska and OCS action in any proposal which involves Industry project has been permitted by waters) and seabed of the Chukchi Sea, unresolved conflicts concerning the responsible agency, the Service will as well as the terrestrial coastal land 25 alternative uses of available resources.’’ evaluate the project in regard to polar miles inland between the western In addition to the action and no action bears and walruses through a requested boundary of the south National alternatives, the Service considered incidental take authorization, i.e., the Petroleum Reserve—Alaska (NPR–A) other possible alternatives, but LOA process provided by these near Icy Cape and the north-south line determined these were neither regulations. from Point Barrow (72 FR 30672). This appropriate nor feasible. These included Although NEPA outlines a format for identified geographical region is the (1) Separating Industry operations by writing an EIS, no formal format is subject area for these regulations, and the type of activity; (2) separating required for EAs. NEPA regulations at we concluded that these boundaries are Industry operations by the location of 40 CFR 1508.9 state that an EA shall appropriate for analyzing the potential activities; (3) separating Industry include a brief discussion of the need effects of the described oil and gas operations by the timing of the activity; for the proposal, alternatives as required activities on polar bears and Pacific (4) promulgating separate rules for each by section 102(2)(E), the environment walruses occurring within the Chukchi type of activity; and (5) initiating an impacts of the proposed action and the Sea.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33240 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Comment: The areas described are too determinations that the incidental take Response: We disagree. Section large to be defined as a ‘‘specified under this rule will have a negligible 101(a)(5)(A) of the MMPA provides a geographical region,’’ and it is unlawful impact on polar bear and walrus mechanism for the Secretary to to do so. populations in the Chukchi Sea and that authorize the incidental, but not Response: Congress did not define it will not affect subsistence uses. In intentional taking of marine mammals ‘‘specified geographical region’’ when addition, the mitigation measures by citizens of the United States while the MMPA was amended in 1981 to required under the rule further reduce engaged in a specified activity within a authorize the Secretary to allow the the potential for negative impacts on specified geographical region, provided taking of marine mammals incidental to population or subsistence. Although the that the Secretary finds the total specified activities other than Service is actively engaged in ongoing expected incidental taking will have a commercial fishing operations. studies on climate change, polar bears, negligible impact on the species and Therefore, the Service provided a and walruses in the Arctic, none of will not have an unmitigable adverse definition in the regulations at 50 CFR these studies have been mandated by impact on the availability of such 18.27, which states ‘‘specified Congress as a prerequisite to this species for subsistence purposes. Such geographical region means an area rulemaking. findings have been made based on the within which a specified activity is Comment: The Service cannot best available information. conducted and which has similar lawfully authorize some take (i.e., The Secretary then prescribes biogeographic characteristics.’’ harassment) if other unauthorized take regulations that set forth permissible Although the use of such a broad (i.e., serious injury or mortality) may methods of taking and other means of definition has come into question, it has also occur, as determined in Kokechik effecting the least practicable adverse yet to be further defined. Instead, the Fishermen’s Association v. Secretary of impact on the species, its habitat, and agencies are given the latitude to Commerce, 839 F.2d 795, 801–02 (D.C. its availability for subsistence purposes. determine what makes up the specific Cir. 1988). Further, the Secretary sets forth geographic region for the specific action Response: We are not anticipating that monitoring and reporting requirements, being considered. The Service believes any unauthorized takes, such as serious which allow the Service to measure and that the Chukchi Sea lease sale area as injury or mortality, will result from the assess impacts and their potential effect provided in the preamble of the implementation of this rule. on the species or subsistence use. The proposed rule meets the definition of Comment: The regulations would reported monitoring information allows specified geographic region as currently allow for unlimited harassment of polar the Service to adjust future actions to defined and interpreted by the Service. bears and Pacific walruses by oil better manage Industry activities and Comment: The Service cannot claim companies in the Chukchi Sea. further limit potential impacts on the lack of available information on the status of walrus and polar bear justifies Response: We disagree. Authorized Service trust species. These regulations its decisions, as determined in Brower v. activities are limited by the operating emulate the intent of the MMPA by Evans, 257 F.3d 1058, 1071 (9th Cir. restrictions set forth in this rule. Section providing a process whereby 2001). 101(a)(5)(A) of the MMPA provides for stipulations will be imposed on Response: In Brower v. Evans, the the incidental, but not intentional take Industry through issuance of the LOAs Court found that the NMFS, when of small numbers of marine mammals, to ensure that potential impacts to polar adopting a regulation to ease the provided that the total take will have a bear and walrus remain negligible and dolphin-safe labeling standard for tuna, negligible impact on the population, mitigable. For example, should polar had erred by: (1) engaging in rulemaking and will not affect the availability of the bears be encountered during Industry before conducting studies on dolphin species for subsistence users. The activities, the LOA outlines the that had been mandated by Congress as Service believes that potential adverse appropriate measures that must be a prerequisite to the decision-making effects to walruses, polar bears, and the followed to safeguard the lives of both process; and (2) failing to consider the subsistence use of these resources can humans and bears and, thereby, best available scientific evidence, which be greatly reduced through the operating minimize adverse impacts. contradicted the agency’s conclusion restrictions, monitoring programs, and In addition, Section 101(5)(B) that tuna caught in purse seines could adaptive management responses set authorizes the Secretary to withdraw or be labeled as ‘‘dolphin safe.’’ 257 F.3d forth in this rule. suspend an authorization if the method 1058, 1068–71 (9th Cir. 2001). The Comment: We should be permanently of taking, monitoring, or reporting is not Court also indicated that the agency protecting the Chukchi Sea, not opening being complied with, or if the take could not use insufficient evidence as a it up to oil leasing. allowed under the regulations is having, reason for ignoring a statutory mandate Response: This comment is outside or may have, more than a negligible to determine whether or not the use of the scope of the analysis for the 5-year impact on the species or stock of the nets was impacting dolphin stocks. incidental take regulations. The MMPA concern. Again, the monitoring and Id. at 1071. allows for the Secretary to authorize the reporting requirements provide the None of these situations apply here. incidental taking of marine mammals instrument for the Secretary to make The applicable statutory mandate is during the course of a specified activity such a determination. Section 101(a)(5)(A) of the MMPA, conducted in a specified geographical 2. Specificity of Action which allows for incidental, but not region upon making certain findings; intentional, take of small numbers of however, authorization to conduct the Comment: The Service does not marine mammals, provided that the activity, in this case oil and gas adequately specify the locations, total take will have a negligible impact exploration, falls under the agency activities, and mitigation measures to be on the population, and will not affect responsible for permitting that activity, covered by the take authorization. the availability of the species for in this case, the MMS. Deferring specific project descriptions subsistence uses. The Service put Comment: Proposed regulations give a until a later date is inappropriate and a significant effort into insuring that it blank check to the oil and gas Industry violation of the MMPA and NEPA. Such was using the best available scientific to operate in these species’ most speculation makes it impossible to do a evidence before making affirmative sensitive habitats. NEPA analysis.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33241

Response: We disagree. The intent of observations. In most instances, this the request. Through the LOA process these regulations is to provide information is proprietary, and a the Service will examine the siting and petitioners an overall ‘‘umbrella’’ set of confidentiality agreement would be timing of specific activities to determine guidelines which, when followed, allow needed. In addition, even with a signed the potential interactions with, and certain oil and gas exploration activities confidentiality agreement, many clients impacts to, polar bears and walruses to proceed after the Service has assessed may not release this information until and will use this information to whether such activities will potentially after the conclusion of the lease sale. prescribe the appropriate mitigation have an unmitigable impact on Response: We understand this measures to ensure the least practicable subsistence use or more than a concern and have provided clarification impact on polar bears and walruses and negligible impact on polar bears and that the latitude and longitude of walrus subsistence use of these species. In walruses. To that end, the Service or polar bear observations from the addition, the Service will review described the geographic region where seismic vessel must be submitted after monitoring results to examine the the proposed activities would occur, the lease sales have occurred. Lease Sale responses of polar bears and walruses to four types of activities to be authorized, 193 in the Chukchi Sea region occurred various exploration activities and adjust the projected scale of each activity, and in February 2008, prior to the next mitigation measures as necessary. We the anticipated impacts that could occur anticipated exploration season. will also consider adjusting monitoring in the specified time period of 2007 Therefore, we do not anticipate any methodologies and mitigation measures through 2012. The regulations further location-specific proprietary as new technologies become available acknowledge that in the planning issues and will expect full and complete and practical. phases, most projects contain some reporting of project locations. Comment: The vessel and aircraft element of uncertainty. Consequently, Comment: The Federal Register exclusion zones for walruses and polar in addition to requiring certain notice and documents cited therein are bears on ice or land are inadequate mitigation measures common to all inconsistent. The activities being mitigation measures to protect animals projects, a separate LOA will be proposed by Industry differ from the from disturbances. It was also noted that required for each specific survey, activities being authorized by the animals in the water are not afforded the seismic, or drilling activity. This allows Service—multiple petitions and same protection and that these measures each specific LOA request to be addendums from Industry appear would not afford protection to denning evaluated for additional mitigation inconsistent. polar bears. methods over and above those required Response: While we acknowledge that Response: The protective measures in the umbrella guidelines. The requests contained in the petitions and placed around walruses on land or ice regulations specify those mitigation addendums may not correspond exactly are intended to prevent mortality and measures that will be required for all oil with the specified activities described in level A harassment (potential to injure) and gas activities and those that may be the Service’s Federal Register notice, resulting from panic responses and required, depending on the type or the notice as written correctly describes intra-specific trauma (e.g., trampling location of the activity; for these, the the scope of work that was analyzed and injuries by large groups of animals). regulations describe under what would be authorized by this action. In These standards are based upon the best conditions that type of mitigation addition, activities conducted in the available information concerning walrus measure will be required. Beaufort Sea portion of the North Slope and polar bear flight responses to This type of authorization process, are authorized under regulations vessels and aircrafts and are consistent i.e., provision of a general regulatory previously analyzed and published on with current guidelines in other parts of framework for certain activities with a August 2, 2006 (71 FR 43926), for that Alaska. The potential for intra-specific secondary process authorizing specific specified geographic area. trauma is greatly reduced when animals are encountered in the water. Although individual projects under the 3. Mitigation framework, is not uncommon in NEPA these mitigation measures are also analyses. Examples include: the COE Comment: Final rulemaking should be expected to help reduce incidences of Nationwide Permit Program, which deferred until the Service has level B (potential to disturb) authorizes over 40 different types of specifically identified the mitigation harassment, they are not intended to general projects across the nation; measures that would by applied through completely eliminate the possibility of various COE general permits for various the LOA process so that the public is disturbances. Required monitoring activities in all States; and given the opportunity to evaluate the during operations is expected to programmatic EAs and EISs completed efficacy of those measures. contribute data regarding flight by various agencies for authorizing Response: The Service has disclosed a responses, which will be used to certain types of work on Federal lands, suite of mitigation measures that will be evaluate the efficacy of these buffer and other examples. If the framework used to mitigate incidental take of polar areas in future impact assessments. provides enough information so that bears and walruses. The Service Monitoring and mitigation measures to generalized project descriptions, believes that the mitigation and be specified through the LOA process locations, alternatives, and methods to monitoring measures identified in the for activities occurring in potential polar avoid, minimize, and mitigate potential rule encompass the overall suite of bear habitat include surveys for active adverse impacts can be meaningfully measures that will be necessary to polar dens and the establishment of 1- addressed, the analyses can proceed. ensure negligible impact on polar bears mile buffer areas around known or Similar to what is being proposed here, and walruses and to ensure that the suspected dens. This is an established most general permits or authorizations activities will not have an unmitigable conservative distance that the Service include a caveat that specific project adverse impact on the availability of has implemented with success in the plans must be submitted prior to these species for subsistence uses. When Beaufort Sea to limit the potential for conducting work and, at that time, more a request for an LOA is made, the disturbance to denning polar bears. specific stipulations may be required. Service will determine which of the Comment: The Service concludes that Comment: The proposed regulations mitigation and monitoring measures site-specific monitoring programs are require MMOs to report the latitude and will be necessary for the particular ‘‘expected to reduce the potential effects longitude of walrus or polar bear activity based on the details provided in of exploration activities on walruses,

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33242 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

polar bears, and the subsistence use of regulations do not require the Secretary development (2002), it has proven to be these resources.’’ (72 FR 30675; June 1, to provide an explanation for measures an effective mitigation tool that allows 2007). Monitoring is not mitigation— that were determined to be the Service to locate maternal dens with documenting the impacts of industrial impracticable. In fact, all measures that accuracy and limited disturbance. The activities on polar bears and walrus is are practicable and would provide a technique of using scent-trained dogs to not the same as minimizing the effects means to minimize adverse impacts to detect ringed seals and their lairs has of such activities. the species as a result of the proposed been employed since the 1970s. This is Response: The commenter is correct activities should be included in the an example of adaptive mitigation, that site-specific monitoring alone does prescribed regulations. The Service where the Service uses other not necessarily mitigate potential believes it has included a full suite of technologies and adapts them so they adverse impacts. However, real-time means to minimize impacts to Pacific can be used to help limit the monitoring does provide a basis for walruses and polar bears that could disturbance by Industry on Service trust adaptive mitigation responses. For result from oil and gas exploration species. example, seismic vessels will be activities. As mentioned above, the Comment: All practicable monitoring required to staff trained marine mammal regulations describe which mitigation measures should be included to afford observers who have the authority to measures are always required for certain walrus and polar bear protection from modify or stop seismic operations under activities and which can be selectively sources of disturbance. Operations specified circumstances. Clarifying used to mitigate level B harassment of should be suspended if dead or injured language has been added to the final polar bears and walruses. There is a walrus or polar bear are found, where rule indicating that site-specific certain amount of uncertainty within any suspension should be in place until monitoring programs are expected to each proposed activity. The Service the Service has reviewed the situation to provide the basis for initiating adaptive adaptively manages projects case-by- determine where further mortalities mitigation measures to reduce potential case because certain mitigation would occur. effects of exploration activities on measures may not be appropriate in Response: The Service believes that walruses, polar bears, and subsistence every situation. This adaptability allows all practicable monitoring measures use of these resources. us to implement ‘‘means of effecting the have been analyzed and incorporated Comment: The Service does not least practicable impact.’’ into the monitoring programs. If impose legally required mitigation Comment: The Service should require additional techniques become available measures necessary to achieve the that monitoring reports and information and are appropriate to gather MMPA’s statutory mandates. be submitted in the format of GIS data information that allows the Service to Response: The Service has required layers and computerized data that can assess impacts of Industry on walruses mitigation measures that will be easily be linked to geographic features. and polar bears, the Service will imposed on Industry activities. These Response: The Service will consider incorporate them into the monitoring can be found at Section 18.118 of this this recommendation. Currently we are program. rule. These mitigation measures will be working with Industry to improve the Past operating procedures allow the effective in addressing the commenters collection and management of Service the flexibility of requiring a concerns. monitoring information and data as it suspension of operation if animals are Comment: The Service’s mitigation becomes available from the operators. injured or killed as a possible result of and monitoring procedures should Depending on the type of monitoring Industry operations. This will continue follow NMFS’ previously authorized information requested, GIS applications through the duration of these IHAs for marine mammals in the are a form of data reporting that is being regulations. Chukchi Sea. considered. Comment: In accordance with the Response: We coordinate closely with Comment: The Service requirement to Paperwork Reduction Act, were all the NMFS and strive to standardize conduct aerial surveys in the Chukchi reporting requirements identified in the monitoring programs and mitigation introduces too great a safety risk to regulations at Section 18.118 of the measures as much as possible. However, workers. This should not be required. proposed rule (72 FR 30697–30700; June some of the necessary mitigation There are other monitoring techniques 1, 2007) subjected to OMB review and measures are species-specific (e.g., that can be just as effective. approval? walruses aggregate in large groups and Response: Holders of an LOA are Response: Yes, the reporting polar bears use the terrestrial required to monitor the potential requirements as outlined in Section environment) and require distinctive impacts of their activities on walruses 18.118 were included in the Service’s and, sometimes, innovative ways to and polar bears and subsistence use of request to OMB for approval under the mitigate impacts specific to the needs these resources. The responsibility of Paperwork Reduction Act. The Service’s and behaviors of that species. designing and implementing programs Supporting Statement, which is part of Comment: The MMPA explicitly to achieve these monitoring objectives the Information Collection Request, requires that the prescribed regulations lies with the applicant seeking the provides estimated burden hours and include other ‘‘means of effecting the exemption from the MMPA. The Service costs for the collection of this least practicable adverse impact’’ on a is willing to consider any monitoring information, i.e., the initial application, species, stock, or habitat. Regulations protocols and methods that meet requests for LOAs, the Onsite must explain why measures that would monitoring objectives. Monitoring and Observation Report, and reduce the impact on a species were not Comment: Use of scent-trained dog the Final Monitoring Reports. chosen (i.e., why they were not surveys has not been adequately tested, ‘‘practicable’’). and caution should be used in any 4. Biological Information Response: Although the MMPA does statement about this technique. It is still Comment: A broad-based population provide a mechanism for the Secretary in the ‘test phase’ and it should be monitoring and assessment program is to prescribe regulations that include referenced as such. needed to ensure these activities, in ‘‘other means of effecting the least Response: Although the use of scent- combination with other risk factors, are practicable adverse impact’’ on a trained dogs to locate polar bear dens on not individually or cumulatively having species, stock, and its habitat, the the North Slope of Alaska is a recent any population-level effects on polar

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33243

bear and walrus, or adversely affecting Although the present status and trends Comment: One commenter suggested the availability of the animals for of polar bear and walrus populations in that the Service’s failure to consider subsistence purposes. the Chukchi Sea are poorly known, several studies demonstrating a threat of Response: The Service agrees with there is no information available serious injury and mortality to marine this comment, in part. One basic suggesting that previous oil and gas mammals from seismic surveys purpose of monitoring polar bears and exploration activities in this region rendered its determination that serious walruses in association with Industry is resulted in population-level effects on injury or mortality will not occur from to establish baseline information on polar bears and walruses, or adversely the proposed seismic surveys and other habitat use and encounters and to detect affected the availability of the animals exploration activities arbitrary and any unforeseen effects of Industry for subsistence purposes. capricious. activities. We agree that a broad-based, Nonetheless, monitoring provisions Response: We reviewed the references long-term monitoring program is useful associated with these types of cited by the commenter and found that to refine our understanding of the regulations were never intended as the they provide no additional information impacts of oil and gas activities on polar sole means to determine whether the concerning potential impacts of seismic bears, walruses, and their habitat over activities will have a negligible effect on surveys on walruses or polar bears. time, and to detect and measure changes polar bear or walrus populations. There Although the underwater hearing in the status of the overall polar bear is nothing in the MMPA that indicates characteristics of polar bears and and walrus populations in the Chukchi that Industry is wholly responsible for walruses are poorly known, the Service Sea. However, a broad-based population conducting general population research. has no reason to believe that either monitoring plan as described by the Thus, we have not required Industry to species are more prone to acoustical commenter would need to incorporate conduct such population research and injury than other marine mammals. In research elements as well. When making instead require monitoring of the the absence of specific data on polar our findings, the Service uses the best observed effect of the activity on polar bears and walruses, the Service has and most current information regarding bear and walrus. We are constantly adopted monitoring and mitigation polar bears and walruses. The accumulating information, such as standards established for other marine integration of, and improvement in, reviewing elements of existing and mammal species. These standards are research and monitoring programs are future research and monitoring plans inherently conservative, as they are useful to assess potential effects to rates that will improve our ability to detect based upon theoretical thresholds for of recruitment and survival and the and measure changes in the polar bear temporary hearing loss, a non-injurious population parameters linked to and walrus populations. We further (Level B harassment) level. assessing population-level impacts from acknowledge that additional or Additionally, monitoring and reporting oil and gas development. complimentary research, studies, and conditions specified in the regulations Where information gaps are information, collected in a timely call for the cessation of activity in the identified, the Service will work to fashion, is useful to better evaluate the unlikely event that an injury occurs. address them. Monitoring and reporting effects of oil and gas activities on polar Activity would not be allowed to results specified through the LOA bears and walruses in the future. commence until the cause of the injury/ process during authorized exploration Comment: There is conflicting mortality could be determined. The activities are expected to contribute information in different sections of the Service believes that the mitigation information concerning walrus and Federal Register notice describing measures for seismic surveys identified polar bear distributions and habitat use ‘‘ramp-up’’ procedures. in the regulations are adequate for patterns within the Chukchi Sea Lease Response: The Service has made the mitigation against the potential for sale area. The Service is also in the appropriate modifications to this serious injury and mortality. process of analyzing the results of a document. Comment: The Service cannot joint U.S./Russia walrus population Comment: The Service should analyze meaningfully assess the number of survey carried out in 2006, and is the impacts of non-native species walruses likely to be impacted, sponsoring research investigating the introductions and require measures consequently it is not possible to distribution and habitat use patterns of such as ballast water management to conclude that only ‘‘small numbers’’ Pacific walruses in the Chukchi Sea. prevent such introductions. will be taken, therefore any ‘‘small This information will be incorporated Response: Although ballast water numbers’’ conclusion is arbitrary and into the decision-making process and management is a valid conservation capricious. into subsequent NEPA analyses as it concern in the nation’s waters, this Response: There is no recent, reliable becomes available. issue is beyond the scope of our census information for either walruses However, it should be noted that the analyses. The USCG has published or polar bears in the Chukchi Sea EA analysis followed the Council for regulations at 33 CFR Part 151, Subpart region. Furthermore, the distribution Environmental Quality’s NEPA D (Ballast Water Management for and abundance of walruses and polar guidance regarding assessments where Control of Non-indigenous Species in bears in the specified geographical information is limited. The Service used Waters of the United States), region considered in these regulations is the best information available in making establishing a national mandatory expected to fluctuate dramatically on a its determination that the impacts from ballast water management program for seasonal and annual basis in response to the specified activities will have a all vessels equipped with ballast water dynamic ice conditions. Consequently, negligible impact on the affected species tanks that enter or operate within U.S. it is not practical to provide a priori and stocks or subsistence use of these waters. These regulations require numerical estimates of the number of resources. Information from a variety of vessels to maintain a ballast water walruses or polar bears that might occur sources, including peer-reviewed management plan that is specific for within the specified geographical region scientific articles, unpublished data, that vessel and assigns responsibility to in any given year, or to quantify with past aerial survey results, harvest the master or appropriate official to any statistical reliability the number of monitoring reports, as well as the results understand and execute the ballast animals that could potentially be of previous oil and gas monitoring water management strategy for that exposed to industrial noise during this studies were considered in the analysis. vessel. time frame. Nevertheless, based on other

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33244 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

factors, we are able to deduce with a disturbances, affecting a relatively small surveys can be expected to interact with high degree of confidence that only number of animals and that most relatively small numbers of walruses small numbers of Pacific walruses and disturbances will be relatively short- swimming in open water.’’ There are polar bears are likely to be impacted by term in duration. The MMPA only multiple problems with this assertion: the proposed activities. The factors allows take affecting ‘‘small numbers’’ (1) It assumes that monitoring programs considered in this finding are detailed of marine mammals, not ‘‘relatively actually detect all walrus impacted by in the ‘‘Summary of Take Estimates for small numbers.’’ exploration activities; (2) it ignores the Pacific Walruses and Polar Bears.’’ Response: The Service’s analysis of high density of walrus in the Chukchi Comment: Each seismic survey would ‘‘small numbers’’ complies with the Sea; (3) it ignores the fact that much of take approximately 3,000 walrus. With agency’s regulatory definition and is an the authorized activity will occur in or up to four seismic survey vessels appropriate reflection of Congress’ near ice; (4) it is only about seismic operating simultaneously in the intent. As we noted during the surveys, which are only a subset of the Chukchi Sea region in any given year, development of this definition (48 FR numerous exploration activities; and (5) as many as 12,000 walrus takes could 31220; July 7, 1983), Congress itself it ignores the fact that changing ice occur each year, with a total of 60,000 recognized the ‘‘imprecision of the term conditions as a result of global warming walrus taken over the 5-year duration of ‘small numbers,’ but was unable to offer are leading to more walrus being the regulations. a more precise formulation because the observed in open water. The Service believes that the concept is not capable of being Response: Comments related to the estimated ‘‘takes’’ presented by the expressed in absolute numerical limits.’’ Service conclusions regarding ‘‘small commenter are based upon an overly See H.R. Report No. 97–228 at 19. Thus, numbers’’ have been previously simplistic model (line miles of survey Congress focused on the anticipated addressed. The commenter correctly effort with a calculated zone of effects of the activity on the species and points out that marine mammal influence distributed across a habitat that authorization should be available to observers are unlikely to detect all characterized by a theoretical, uniform persons ‘‘whose taking of marine walruses potentially exposed to noise animal density) that over estimates the mammals is infrequent, unavoidable, or generated by exploration activities. number of walruses potentiality accidental.’’ Id. Rather, the observer program is exposed to seismic noise by the The Chukchi Sea lease sale area designed as an adaptive measure, which described activities. While certain extends over 1.9 million square allows operators to quickly respond aspects of this model might be kilometers of potential walrus and polar should a walrus enter a prescribed considered reasonable for a seismic bear habitat. The typical seismic survey safety zone. survey that transected a long, linear project is expected to sample less than The commenter suggests that the distance, the specified surveys are 2 percent of this area and, because of Service has ignored the high density of expected to occur within relatively difficulties associated with operating in walruses in the Chukchi Sea. Both the small areas, transiting back and forth and near pack ice, survey vessels will be preamble of the Federal Register Notice across a region of interest. Because of operating in habitats where walrus and and the EA acknowledge that the the overlapping zone of influence, the polar bear densities are expected to be Chukchi Sea is important habitat for a amount of potential walrus habitat extremely low. Based upon previous significant proportion of the Pacific ensonified (and number of walruses survey efforts in the region, the walrus population when ice is present. potentially exposed to seismic noise) expected extent of ice during the It is important to clarify that walruses during any given survey will be far less proposed activities, behavior and are an ice-dependent species and their than presented by the calculation. The movement trends of Pacific walruses distribution and abundance in the Service also believes that it is not and polar bears, we expect industry region is largely influenced by the appropriate to estimate the number of operations will only interact with small presence or absence of suitable sea ice potential exposures based upon a numbers of these animals in open water habitats. Although the Service standard uniform theoretical density as habitats. Of course, some of the acknowledges that walruses can and do presented. Based upon the results of proposed exploratory activities will range considerable distances from sea previous survey efforts, it is clear that occur on land as well. However, we ice haulouts during migrations or walruses are not distributed uniformly have reviewed the proposed activities, foraging excursions, the species is not across the Chukchi Sea. It is likely that both on land and at sea, and the results adapted to a pelagic existence, and is walruses will be absent, or at least of previous monitoring studies in light not likely to adapt to a pelagic lifestyle widely distributed during the of the existing and proposed mitigation in the absence of sea ice as suggested. exploration season at the locations of measures. This review leads us to Furthermore, the suggestion that much interest. The commenter failed to conclude that, while some incidental of the specified activity will occur in or consider any of the site-specific take of walruses and polar bears is near sea ice is unfounded. Most of the monitoring requirements or adaptive reasonably expected to occur, these exploration activities specified in these mitigation measures identified in the takes will be limited to non-lethal regulations are expected to occur in Federal Register notice that are disturbances, affecting a small number open water conditions some distance expected to greatly reduce the chances of animals, and that most disturbances from the pack-ice. Vessel based seismic of activities occurring in areas of high will be relatively short-term in duration. surveys, which involve towing walrus concentrations. The Service also Furthermore, we do not expect the hydrophone arrays up to several considered the likelihood that not all anticipated level of take from the hundred meters in length, cannot be potential exposures would translate into proposed activities to affect the rates of accomplished in the presence of sea ice. ‘‘takes’’ and that any anticipated ‘‘take’’ recruitment or survival of either the Offshore exploratory drilling operations would be limited merely to temporary Pacific walrus or polar bear populations. are expected to occur from drill ships shifts in animal behavior in making our Comment: The Service justifies requiring open water conditions. The determination. making their ‘‘small numbers’’ and ice management vessels associated with Comment: The Federal Register ‘‘negligible impacts’’ conclusion by the drill ships are a necessary safety and notice concludes that anticipated stating that ‘‘[b]ased upon previous environmental precaution against ‘‘takes’’ will be limited to nonlethal seismic monitoring programs, seismic potential, but infrequent, incursions of

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33245

sea ice during drilling operations. In the those takings would have a negligible noise contributions from community event that icebreaker operations are impact. Moreover, the Service’s analysis and commercial activities were also necessary, they will be subject to of ‘‘small numbers’’ complies with the considered. additional monitoring and mitigation agency’s regulatory definition and is an 5. Subsistence measures, including but not limited to appropriate reflection of Congress’ ice scouting and marine mammal intent. As we noted during the Comment: The Service conclusion surveys in the vicinity of the drill site. development of this definition (48 FR that there will be no unmitigatable Because most of the offshore activities 31220; July 7, 1983), Congress itself adverse impacts on polar bear and will occur in open water conditions recognized the ‘‘imprecision of the term walrus availability for subsistence uses some distance from the sea ice, we ‘small numbers,’ but was unable to offer is not supported. expect them to interact with a relatively a more precise formulation because the Response: We disagree. In our small proportion of the Pacific walrus concept is not capable of being analysis of the potential impacts of the population. In the event that any expressed in absolute numerical limits.’’ specified activities on subsistence use of walruses are present near exploratory See H.R. Report No. 97–228 at 19. Thus polar bears and walruses we considered: operations, whether in open water or on Congress itself focused on the (1) The implementation of exclusion intruding sea ice, boat-based monitoring anticipated effects of the activity on the zones around established hunting areas, to mitigate disturbance events will species and that authorization should be such as the twenty-five-mile coastal occur. Furthermore, because of the available to persons ‘‘whose taking of deferral zone and the 40-mile seismic transitory nature of the authorized marine mammals is infrequent, exclusion zone surrounding coastal activities, we do not anticipate that any unavoidable, or accidental.’’ Id. The communities; (2) the timing and walruses exposed to these operations Service’s analysis of negligible impact location of the specified activities; (3) will exhibit more than short term was based on the distribution and the timing and location of subsistence behavioral responses. number of the species during proposed hunting activities; (4) requirements for Comment: It is not apparent that the activities, its biological characteristics, community consultations; and (5) Service has made a separate finding that the nature of the proposed activities, the requirements for developing POCs to only ‘‘small numbers’’ of Pacific potential effects, documented impacts, resolve any conflicts. Furthermore, the walruses and polar bears will be mitigation measures that will be regulatory process will allow the affected by the proposed authorizations. implemented, as well as other data opportunity for communities to review This is because there is no apparent provided by monitoring programs in the operational plans and make numerical estimate of the number of Beaufort Sea. recommendations for additional animals that will be taken by any of the Comment: The ‘‘small numbers’’ mitigation measures, if necessary. petitioners individually or cumulatively conclusion doesn’t include impact from Comment: The Service should prepare during the proposed exploration oil spills and other direct, indirect and the Plan of Cooperation (POC) at the activities. cumulative impacts, and doesn’t beginning of the planning stages to Response: The Service is confident account for climate change. ensure a document is produced that is that only small numbers of walruses and Response: We disagree. The final EA acceptable to all parties. polar bears will be taken by the addresses cumulative impacts, as did Response: The POC is developed by proposed activities. Although a the draft EA within the parameters of Industry and is a document that numerical estimate of the number of the 5-year regulatory time period. The involves Industry and the affected Pacific walruses and polar bears that EA identifies reasonably foreseeable oil subsistence communities. It is included might be taken incidental to specified and gas-related and non-oil and gas- as a section of the incidental take activities currently could not be related activities in both Federal and request packet submitted by Industry to practically obtained, the Service State of Alaska waters. This included oil the Service. Within that context, the deduced that only small numbers of spill analysis, which reviewed spills POC process requires presentation of Pacific walruses and polar bears, from vessel transport, onshore spills, project specific information, such as relative to their populations, have the and potential release of oil from operation plans, to the communities to potential to be impacted by the exploratory well sites. Implementing identify any specific concerns that need proposed Industry activities described NEPA requires analysis of a most likely to be addressed. It is impossible to in these regulations. This conclusion or reasonably foreseeable scenario when develop a POC until the nature of was based on the best available analyzing an issue, such as oil spills, specific projects is identified and the scientific information regarding the not a worst case scenario. The Service concerns of the affected community are habitat use patterns of walruses and analyzed potential oil spills using data heard. Coordination with the affected polar bears and the distribution of from MMS, the State of Alaska, oil spill subsistence communities and walruses and bears relative to where contingency plans from Industry, along development of the POC are the Industry activities are expected to occur. with known information of distribution responsibility of Industry; however, the In addition to our response, we have and movements of polar bears and Service offers guidance during the further clarified our explanation of walruses. The type of spill, amount of process, if necessary. The requirements small numbers in the regulations oil released, potential locations of spills, and process for the POC, including the (Summary of Take Estimates for Pacific their seasonal timing in addition to life Service’s right to review and reject the Walruses and Polar Bears). history parameters of the Service trust POC if it does not provide adequate Comment: The Service has conflated species were incorporated into our safeguards to ensure that marine the MMPA’s requirement that the analysis. We determined that, while the mammals will remain available for number of takings be small and that the potential for oil spills to occur exists, subsistence use, are described in the takings have a negligible impact on a they will have a negligible impact on preamble of the rule and reiterated in species or stock. polar bears and walruses, considering the regulations. Response: We disagree. The Service’s the likelihood of these events occurring. Comment: A mandatory POC process determination that the takings are of Other appropriate factors, such as diminishes Industry’s ability to plan small numbers was analyzed climate change (addressed throughout operations, or to negotiate fair and independently of its determination that the comments), military activities, and reasonable operational restrictions.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33246 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Response: The MMPA requires the season area used by walrus and polar requirements of other environmental Secretary to make a finding that the total bear hunters. legislation, such as the Clean Water Act of any authorized incidental take of and the Oil Pollution Act. In the event 6. Oil Spills and Related Issues marine mammals will not have an of a large spill that results in the lethal unmitigable adverse impact on the Comment: The Service assumptions take of polar bears or Pacific walruses, availability of such species or stock for that there would be relatively small we will reassess the impacts to polar taking for subsistence uses. The MMPA volumes of material spilling in open bear and Pacific walrus populations and further identifies those exempt from the water due to use of blow-out technology reconsider the appropriateness of MMPA and, therefore, able to take and implementation of MMS operating authorization for incidental taking marine mammals for subsistence stipulations is not adequate. The EA through this regulation. purposes, i.e. any Indian, Aleut, or should assess the efficacy of the current Comment: The Service does not Eskimo who resides in Alaska and who spill prevention technology and clean- adequately assess the potential for oil dwells on the coast of the North Pacific up procedures. spills as a result of future development Ocean or the Arctic Ocean. The Service Response: We disagree. The Service’s and production. has determined that the process of analysis acknowledges there is a Response: These regulations are of a coordinating with the commissions, potential for spills to occur. However, finite duration (i.e., five years) and who represent the various Native we believe that the occurrence of such authorize incidental take associated communities, provides a viable an event is minimized by adherence to with specified exploration activities mechanism for ensuring the availability the regulatory standards that are in only. The analyses did not assess the for subsistence take. Even though a place. This is supported by historical potential for spills from full-scale proposed operation may be more than evidence, which indicates that development and production because 40 miles from a coastal subsistence-use adherence to oil spill plans and that was beyond the scope of analysis. community, the POC includes other management practices has resulted in If and when a full-scale facility is measures that will be taken to avoid or no major spills associated with proposed, the Service will assess the minimize interferences with subsistence exploratory work in the Beaufort Sea or potential impacts of those specific hunters. the Chukchi Sea. In addition, we believe activities at that time. Nonetheless, clarifying language was that restricting in-water work to the ice- Comment: The Service has failed to added indicating that any activity with free period (i.e., after July 1 or earlier if assess the risk of fuel or oil spills to the potential to disrupt animals or the area is deemed ice-free) further polar bears and walruses during interact with hunters within the 25-mile minimizes potential impacts from a authorized activities. coastal deferral zone and/or within spill. Response: We disagree. The Service traditional hunting areas (defined by a Comment: The Service does not acknowledges that there is a potential 40-mile radius of the communities) will adequately address potential take from for fuel spills to occur; however, we require the applicant to consult with oil or other toxic spills, including believe that the occurrence of such an potentially effected communities (e.g., potential lethal takes that may result event is minimized by adherence to open public meeting within the from the seismic vessels and support regulatory standards for spill community) and appropriate Native operations, drill rigs, fuel barges, waste prevention, containment, and cleanup. Hunting Commissions; the Service disposal, camp operations, survey In the event of a large spill, we would recognizes the Eskimo Walrus flights, and potential ‘‘in-situ’’ burning reassess the impacts to the polar bear Commission (EWC) and the Alaska of oil spills. and walrus populations and reconsider Nanuuq Commission (ANC) as entities Response: We disagree. The Service the appropriateness of authorizations for charged with representing the interests did analyze the potential for nonlethal taking through Section 101(a)(5)(A) of of walrus and polar bear hunters in take from oil or other toxic spills the MMPA. these communities. Any concerns associated with the exploration Comment: The Service should expressed by the communities (or activities described in the preamble of conduct modeling studies for the Native Commissions) must be addressed the rule, and concluded that the overlay of potential operations with through the POC. The Service will be potential is small. To date, there have spill trajectories similar to what was responsible for determining whether or been no major spills associated with done for the Northstar and Liberty not community concerns have been exploration activities in either the projects. adequately addressed. Beaufort or Chukchi Seas. Large spills Response: While we agree that more Comment: The 40-mile radius (> 1,000 bbls) have historically been information and analyses will continue identified in the regulations is larger associated with production facilities or to improve decision-making abilities, than the area typically utilized by at pipelines connecting wells to the conducting spill trajectories in a manner hunters during the open water season. pipeline system. It is anticipated that similar to those produced for the Response: The Service considered the during the authorized exploratory production sites of Northstar and best available information concerning activities, adherence to the current Liberty in the Beaufort Sea is not walrus and polar bear hunting practices regulatory standards and practices for possible for the types of activities, i.e., along the western coast of Alaska prevention, containment, and clean-up exploration, considered under these adjacent to the Chukchi Sea, including would minimize potential adverse regulations. This is because Northstar several unpublished reports and self- impacts from oil or other spills. and Liberty are production sites, with reported information collected through In addition, the Service concluded the known location of facilities, whereas the Service MTRP (harvest monitoring) potential for the lethal take of polar bear specified drill sites for exploratory in defining the 40-mile radius around or walrus during Industry operations is activities in the Chukchi Sea are largely subsistence hunting communities. small. As authorized under section unknown at this time. The Service has Although any additional studies will be 101(a)(5)(A) of the MMPA, these participated in developing an oil spill considered if they become available, regulations allow for the incidental, but contingency plan that covers the area of based on the information at-hand, the not intentional, take of polar bears and the Chukchi Sea. Under spill response Service believes the 40-mile radius is an Pacific walruses. However, this and contingency planning, federal accurate depiction of the open water provision does not override agencies such as the USCG, MMS, and

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33247

the Service identify vulnerable natural of climate change on polar bears and the mitigation requirements as resource areas and develop plans to walruses but, to analyze the impact of necessary to ensure that the numbers of protect these areas in the event of a oil and gas exploration activities on animals taken remains small. spill. These 5-year regulations cover these species taking into consideration Comment: Impacts from climate only exploratory activities when, and if, other ongoing factors, which includes change on walrus are apparent and incidental take regulations are requested the information gained on climate further discredit the assumptions used for future production activities in the change. Although effects of climate to estimate walrus take from exploration Chukchi Sea, oil spill analysis using change, such as declining sea ice, will activities. spill trajectories and oil spill risk likely affect populations, the majority of Response: The Service agrees that the assessment or similar analysis predicted takes based on current known effects of climate change may impact techniques will be part of the future data, Service knowledge of trust species, Pacific walruses and new information analysis. and previous Industry information from on the extent of the potential impacts Comment: Pre-booming should be the Beaufort Sea suggests that the continues to present itself. However, the removed as a requirement for fuel majority of takes will be limited to analysis for these regulations is not an transfers during seismic survey changes in behavior of individual estimated take due to climate change operations. animals of limited duration. but, an estimated incidental take due to Response: The text has been modified Comment: The small number finding exploration activities. Regardless of to indicate that operators must operate is suspect due to the rapid change that climate change impacts similar to those in full compliance with an MMS the Arctic is undergoing as a result of expressed by the commenter, the approved Oil Spill Prevention and global warming. The retreat of the sea Service believes that the mitigation Response Plan. Proposed operations in ice from the Alaska coast has had measures we’ve prescribed, e.g., sensitive habitat areas will be reviewed numerous impacts, such as drowned restricting the timing of offshore by the Service on a case-by-case basis bears documented by MMS. exploration activities, imposing a 0.5- and may result in the prescription of Response: The small number finding mile operational exclusion zone, and a additional mitigation measures (such as for these regulations is based on 1,000-ft altitude restriction, will ensure pre-booming of vessels during fuel potential Industry activities and the that the proposed exploration activities transfers) through the LOA process. type of industry/bear interactions that do not exacerbate the situation. In fact, may occur and incidental take based on with the reporting requirements, we 7. Climate Change those activities, not events occurring in stand to gain a greater understanding of Comment: Potential effects of climate the natural environment, such as bears the impacts and, through the use of changes must be assessed as part of a caught in a storm event. Available adaptive management, can modify the long-term monitoring and mitigation information does indicate that, due to mitigation requirements or withdraw program. A broad-based population and changes in the Arctic environment, the regulations as necessary. In this monitoring impacts assessment program there may be an increase in the number way, we can monitor and minimize any should be developed to ensure that of bears swimming offshore, which potential impacts of the exploration individual, indirect, and cumulative suggests an increased susceptibility to activities. impacts do not have significant adverse storm events. The Service did take this Comment: Because the status of both impacts on populations, and that they information into consideration in our the Pacific walrus and Bering/Chukchi do not adversely affect the availability analysis. Sea polar bear stock are unknown, the of marine mammals for subsistence use. Although there is a possibility that the Service cannot conclude that Response: The scope of climate exploration activities in the Chukchi exploration activities, which will harass change goes beyond this analysis, which Sea geographic region may encounter thousands of individuals, will have no is to determine whether the total level polar bears in the water, recent more than a ‘‘negligible effect’’ on the of incidental take as a result of the monitoring (2006 and 2007) and stocks. Further, the Service ‘‘negligible exploration activities proposed by the observations conclude that Industry impact’’ finding fails to adequately oil and gas industry will have a activities have only encountered small consider that the Chukchi Sea and negligible impact on polar bears and numbers of bears (four individuals in adjacent areas are undergoing rapid walruses as well as no unmitigable 2006 and five individuals in 2007) late change as a result of global warming and adverse impact on subsistence use. The in the open water season by support that impacts are likely to be even more Service has factored the information on vessels when they were operating near severe than projected. climate change and its affects on these ice floes. These disturbances have been Response: The Service admits that we species into the decision-making limited to temporary, short-term do not have a current number for actual process and into prescribing the behavior changes. In addition, the population status of the Pacific walrus permissible methods of take, including mitigation measures we have or the Chukchi/Bering Seas stock of the mitigation and monitoring measures prescribed, e.g., 0.5-mile operation polar bears. We further acknowledge that will be required. exclusion zone around swimming bears that climate change must be taken into Further, the Service, in cooperation and trained polar bear observers on consideration as it relates to cumulative with the USGS and the Alaska board the vessels, will reduce potential impacts on the species. However, before Department of Fish and Game, surveys interactions between polar bears and reaching its negligible impact and monitors the status and trends of offshore seismic operations. Similarly, determination, the Service considered polar bears and walruses. The the mitigation measures prescribed for not only the number of potential prescribed regulations and associated onshore exploratory activities, e.g., incidental takes, but also the type of LOAs will allow us to modify mitigation measures for avoiding dens and incidental take anticipated. In the case and monitoring measures as needed to reducing the potential for human-bear of the proposed activities covered by take into account new information on interactions, are designed to reduce the these regulations, we do not anticipate impacts of climate change to the polar numbers of takes of bear by Industry. In any lethal takes will occur. We have bear and Pacific walrus populations. any event, there will be constant concluded that incidental takes will be Nonetheless, the objective of these monitoring during the course of limited to temporary and transitory regulations is not to analyze the impact Industry activities and we will modify modifications of animal behavior that

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33248 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

will not have any negative impacts on MMPA is to maintain the health and within the area of industrial activity. population levels, regardless of changes stability of the marine ecosystem with a Finally, as outlined in our regulations at in the environment. goal of maintaining marine mammal 50 CFR 18.27(f)(5), LOAs may be The Service’s analysis of negligible populations at optimum sustainable withdrawn or suspended, if non- impact was based on the distribution levels. As such, the MMPA served in compliance of the prescribed and number of the species during large part to provide for domestic regulations occurs. proposed activities, its biological implementation of the Polar Bear Comment: In light of the ESA, the characteristics, the nature of the Agreement. There are a number of other Service should require a conference proposed activities, the potential effects, statues that augment habitat protection opinion for any activity that is likely to documented impacts, mitigation for polar bears; these include, but are jeopardize the continued existence of measures that will be implemented, as not limited to, the following: Coastal any species proposed for listing. well as other data provided by Zone Management Act; National Response: We agree, under section monitoring programs in the Beaufort Wildlife Refuge Act; Clean Water Act; 7(a)(4) of the ESA, each Federal agency Sea. Taking these factors into Outer Continental Shelf Lands Act, is required to confer with the Secretary consideration, the Service made a Alaska National Interest Lands on any agency action that is likely to determination that any potential Conservation Act; and Marine jeopardize the continued existence of incidental take (i.e., harassment) due to Protection Research and Sanctuaries any species proposed to be listed under Industry activities would have a Act. the ESA. During the time that the negligible impact on polar bears and In addition, in 1993, the Secretary of Service was developing these Pacific walruses. the Interior required that, before regulations, the polar bear was proposed The Service recognizes that climate incidental take regulations for the for listing under the ESA. The Service change is a long-term, complicated Beaufort Sea region could be finalized, made a determination that this rule issue. Although the short-term impacts the Service develop a polar bear habitat would not pose any likelihood of of declining sea ice due to climate conservation strategy. And, in 1995, the jeopardy to the species, and therefore, a change on polar bears and walruses Service developed a Habitat 7(a)(4) conference was not required. On were evaluated in the analysis Conservation Strategy for Polar Bears in May 15, 2008 (73 FR 28212), the polar conducted, it is beyond the scope of Alaska (Strategy). Completed in August bear was listed as threatened and the these incidental take regulations to of 1995, the Strategy provides a useful Service has since completed an intra- address the potentially wide ranging tool for habitat conservation and Service section 7(a)(2) consultation, long-term impacts of climate change. identifies important habitat areas used which confirms that these incidental However, it is important to note that, by polar bears for denning and feeding. take regulations are not likely to should Industry impacts increase during This rule is consistent with the jeopardize the continued existence of the five-year time period of these Service’s treaty obligations because it this species. regulations beyond the scope of impacts incorporates mitigation measures that Required Determinations analyzed, the Service will review this ensure the protection of polar bear new information in terms of negligible habitat. The anticipated LOAs for National Environmental Policy Act impact. As previously indicated, the industrial activities will be conditioned (NEPA) Considerations Service has the ability to withdraw the to include area or seasonal timing We have prepared an EA in regulations if impacts are more than limitations or prohibitions, such as conjunction with this rulemaking, and negligible. placing one-mile avoidance buffers have determined that this rulemaking is around known or observed dens (which not a major Federal action significantly 8. Other Applicable Agreements/ halts or limits activity until the bear Regulations affecting the quality of the human naturally leaves the den), building roads environment within the meaning of Comment: Allowing incidental take is perpendicular to the coast to allow for section 102(2)(C) of the NEPA of 1969. a violation of the 1973 Agreement on polar bear movements along the coast, For a copy of the EA, contact the the Conservation of Polar Bears to and monitoring the effects of the individual identified above in the protect essential polar bear habitats. The activities on polar bears. section FOR FURTHER INFORMATION Service must explain how the incidental In addition to the protections CONTACT. take regulations and authorizations will provided for known or observed dens, protect such habitats. Industry has assisted in the research of Endangered Species Act (ESA) Response: The incidental take FLIR thermal imagery, which is useful On May 15, 2008 (73 FR 28212) the regulations are consistent with the in detecting the heat signatures of polar polar bear was listed as a threatened Agreement. Article II of the Polar Bear bear dens. By conducting FLIR surveys species under the ESA. The Service Agreement lists three obligations of the prior to activities to identify polar bear conducted an intra-Service section Parties in protecting polar bear habitat: dens along with verification of these 7(a)(2) consultation and completed a (1) To take ‘‘appropriate action to dens by scent-trained dogs, disturbance Biological Opinion (BO) concluding that protect the ecosystem of which polar of even unknown denning females is the issuance of these regulations, bears are a part;’’ (2) to give ‘‘special limited. Another area of Industry including the process for issuing LOAs, attention to habitat components such as support has been the use of digital is not likely to jeopardize the continued denning and feeding sites and migration elevation models and aerial imagery in existence of the polar bear. patterns;’’ and (3) to manage polar bear identifying habitats suitable for populations in accordance with ‘‘sound denning. Regulatory Planning and Review conservation practices’’ based on the LOAs will also require the The Office of Management and Budget best available scientific data. The development of polar bear human (OMB) has determined that this rule is Service’s actions are consistent with interaction plans in order to minimize not significant and has not reviewed these responsibilities. potential for encounters and to mitigate this rule under Executive Order 12866 Promulgation of these regulations is for adverse effects should an encounter (E.O. 12866). OMB bases its authorized under Section 101(a)(5)(A) of occur. These plans protect and enhance determination upon the following four the MMPA. The primary objective of the the safety of polar bears using habitats criteria:

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33249

(a) Whether the rule will have an Federalism Effects (OMB Control No. 1018–0070) because annual effect of $100 million or more on This rule does not contain policies the activities and requirements are the economy or adversely affect an with Federalism implications sufficient nearly identical, we were not able to economic sector, productivity, jobs, the to warrant preparation of a Federalism finalize the rule for the Chukchi Sea environment, or other units of the Assessment under Executive Order prior to the expiration date of the government. 13132. The MMPA gives the Service the information collection approved for the (b) Whether the rule will create authority and responsibility to protect Beaufort Sea. Therefore, we separated inconsistencies with other Federal walruses and polar bears. the requests for approval. The proposed agencies’ actions. rule for incidental take regulations in Unfunded Mandates Reform Act the Chukchi Sea invited interested (c) Whether the rule will materially In accordance with the Unfunded members of the public and affected affect entitlements, grants, user fees, Mandates Reform Act (2 U.S.C. 1501, et agencies to comment on the proposed loan programs, or the rights and seq.), this rule will not ‘‘significantly or information collection and obligations of their recipients. uniquely’’ affect small governments. A recordkeeping activities for the Chukchi (d) Whether the rule raises novel legal Small Government Agency Plan is not Sea. We have addressed all comments or policy issues. required. The Service has determined received in this preamble. and certifies pursuant to the Unfunded OMB has approved our collection of Small Business Regulatory Enforcement Mandates Reform Act that this information for incidental take of Fairness Act rulemaking will not impose a cost of marine mammals during specified We have determined that this rule is $100 million or more in any given year activities in the Chukchi Sea for a 3-year not a major rule under 5 U.S.C. 804(2), on local or State governments or private term and assigned OMB Control No. the Small Business Regulatory entities. This rule will not produce a 1018–0139. We will use the information Federal mandate of $100 million or Enforcement Fairness Act. The rule is that we collect to evaluate applications greater in any year, i.e., it is not a not likely to result in a major increase for specific incidental take regulations ‘‘significant regulatory action’’ under in costs or prices for consumers, from the oil and gas industry to the Unfunded Mandates Reform Act. individual industries, or government determine whether such regulations and agencies or have significant adverse Government-to-Government subsequent LOAs should be issued. The effects on competition, employment, Relationship With Tribes information is needed to (1) establish productivity, innovation, or on the the scope of specific incidental take In accordance with the President’s regulations and (2) evaluate impacts of ability of United States-based memorandum of April 29, 1994, enterprises to compete with foreign- activities on species or stocks of marine ‘‘Government-to-Government Relations mammals and on their availability for based enterprises in domestic or export with Native American Tribal markets. subsistence uses by Alaska Natives. It Governments’’ (59 FR 22951), Executive will ensure that applicants considered Regulatory Flexibility Act Order 13175, Secretarial Order 3225, all available means for minimizing the and the Department of the Interior’s incidental take associated with a We have also determined that this manual at 512 DM 2, we readily specific activity. acknowledge our responsibility to rule will not have a significant We estimate that up to 10 companies communicate meaningfully with economic effect on a substantial number will request LOAs and submit federally recognized Tribes on a of small entities under the Regulatory monitoring reports annually for the Government-to-Government basis. We Flexibility Act, 5 U.S.C. 601 et seq. Oil Chukchi Sea region covered by the have evaluated possible effects on companies and their contractors specific regulations. We estimate that federally recognized Alaska Native conducting exploration, development, the total annual burden associated with tribes. Through the LOA process and production activities in Alaska have the request will be 792 hours during identified in the regulations, Industry been identified as the only likely years when applications for regulations presents a Plan of Cooperation with the applicants under the regulations. are required and 492 hours when Native communities most likely to be Therefore, a Regulatory Flexibility regulatory applications are not required. affected and engages these communities Analysis is not required. In addition, This represents an average annual in numerous informational meetings. these potential applicants have not been estimated burden taken over a 3-year identified as small businesses and, Civil Justice Reform period, which includes the initial 300 therefore, a Small Entity Compliance The Departmental Solicitor’s Office hours required to complete the request Guide is not required. The analysis for for specific procedural regulations. We this rule is available from the individual has determined that these regulations do not unduly burden the judicial system estimate that there will be an annual identified above in the section FOR and meet the applicable standards average of six on-site observation FURTHER INFORMATION CONTACT. provided in Sections 3(a) and 3(b)(2) of reports per LOA. For each LOA Takings Implications Executive Order 12988. expected to be requested and issued subsequent to issuance of specific This rule does not have takings Paperwork Reduction Act procedural regulations, we estimate that implications under Executive Order This rule contains information 33.5 hours per project will be invested 12630 because it authorizes the collection requirements. We may not (24 hours will be required to complete nonlethal, incidental, but not conduct or sponsor and a person is not each request for an LOA, approximately intentional, take of walruses and polar required to respond to a collection of 1.5 hours will be required for onsite bears by oil and gas Industry companies information unless it displays a observation reporting, and 8 hours will and thereby exempts these companies currently valid OMB control number. be required to complete each final from civil and criminal liability as long Although we had initially planned to monitoring report). as they operate in compliance with the combine our information collection Title: Incidental Take of Marine terms of their LOAs. Therefore, a takings request for the Chukchi Sea into the Mammals During Oil and Gas implications assessment is not required. request package for the Beaufort Sea Exploration Activities in the Chukchi

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33250 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

Sea and Adjacent Coast of Alaska, 50 Bureau form number: None. Description of respondents: Oil and CFR 18.27 and 50 CFR 18, Subpart I. Frequency of collection: Semiannual. gas industry companies. OMB Number: 1018–0139.

Annual Average Type of Action number of burden hours Total annual responses per action burden hours

One time application for procedural regulations ...... * 1 300 300 LOA Requests ...... 12 24 288 Onsite Monitoring and Observation Reports ...... 72 1.5 108 Final Monitoring Report ...... 12 8 96

Total ...... 97 ...... 792 * Per term of regulations.

Members of the public and affected constitute a significant energy action. Subpart I—Nonlethal Taking of Pacific agencies may comment on these No Statement of Energy Effects is Walruses and Polar Bears Incidental to information collection and required. Oil and Gas Exploration Activities in recordkeeping activities at any time. List of Subjects in 50 CFR Part 18 the Chukchi Sea and Adjacent Coast of Comments are invited on: (1) Whether Alaska or not the collection of information is Administrative practice and necessary for the proper performance of procedure, Alaska, Imports, Indians, § 18.111 What specified activities does the functions of the Service, including Marine mammals, Oil and gas this subpart cover? whether or not the information will exploration, Reporting and record Regulations in this subpart apply to have practical utility; (2) the accuracy of keeping requirements, Transportation. the nonlethal incidental, but not our estimate of the burden for this Regulation Promulgation intentional, take of small numbers of collection; (3) ways to enhance the Pacific walruses and polar bears by you quality, utility, and clarity of the I For the reasons set forth in the (U.S. citizens as defined in § 18.27(c)) information to be collected; and (4) preamble, the Service amends part 18, while engaged in oil and gas exploration ways to minimize the burden of the subchapter B of chapter 1, title 50 of the activities in the Chukchi Sea and collection of information on Code of Federal Regulations as set forth adjacent western coast of Alaska. respondents. below. Send your comments and suggestions § 18.112 In what specified geographic on this information collection to Hope PART 18—MARINE MAMMALS region does this subpart apply? Grey, Information Collection Clearance I 1. The authority citation of 50 CFR This subpart applies to the specified Officer, Fish and Wildlife Service, MS part 18 continues to read as follows: geographic region defined as the 222–ARLSQ, 4401 North Fairfax Drive, continental shelf of the Arctic Ocean Arlington, VA 22203 (mail); (703) 358– Authority: 16 U.S.C. 1361 et seq. adjacent to western Alaska. This area 2269 (fax); or [email protected] (e- I 2. Amend part 18 by adding a new includes the waters (State of Alaska and mail). subpart I to read as follows: Outer Continental Shelf waters) and Energy Effects Subpart I—Nonlethal Taking of Pacific seabed of the Chukchi Sea, which Executive Order 13211 requires Walruses and Polar Bears Incidental to Oil encompasses all waters north and west and Gas Exploration Activities in the of Point Hope (68°20′20″ N, agencies to prepare Statements of ¥ ° ′ ″ Energy Effects when undertaking certain Chukchi Sea and Adjacent Coast of Alaska 166 50 40 W, BGN 1947) to the U.S.- actions. This rule provides exceptions Sec. Russia Convention Line of 1867, west of 18.111 What specified activities does this a north-south line through Point Barrow from the taking prohibitions of the ° ′ ″ ¥ ° ′ ″ MMPA for entities engaged in the subpart cover? (71 23 29 N, 156 28 30 W, BGN exploration of oil and gas in the 18.112 In what specified geographic region 1944), and up to 200 miles north of does this subpart apply? Chukchi Sea and adjacent western coast Point Barrow. The region also includes 18.113 When is this subpart effective? the terrestrial coastal land 25 miles of Alaska. By providing certainty 18.114 How do I obtain a Letter of regarding compliance with the MMPA, inland between the western boundary of Authorization? the south National Petroleum Reserve- this rule will have a positive effect on 18.115 What criteria does the Service use to Industry and its activities. Although the Alaska (NPR–A) near Icy Cape evaluate Letter of Authorization ° ′ ″ ¥ ° ′ ″ rule requires Industry to take a number requests? (70 20 00 N, 148 12 00 W) and the of actions, these actions have been 18.116 What does a Letter of Authorization north-south line from Point Barrow. undertaken by Industry for many years allow? This terrestrial region encompasses a as part of similar past regulations. 18.117 What activities are prohibited? portion of the Northwest and South Therefore, this rule is not expected to 18.118 What are the mitigation, monitoring, Planning Areas of the NPR–A. Figure 1 significantly affect energy supplies, and reporting requirements? shows the area where this subpart distribution, or use and does not 18.119 What are the information collection applies. requirements?

VerDate Aug<31>2005 17:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33251

Figure 1: The geographic area of the affected by that activity, i.e., a plan of potentially affected user groups. Chukchi Sea and onshore coastal areas operation. Documentation must include a covered by the incidental take (2) A site-specific plan to monitor and summary of any concerns identified by regulations. mitigate the effects of the proposed community members and hunter activity on walruses and polar bears organizations, and the applicant’s § 18.113 When is this subpart effective? encountered during the ongoing responses to identified concerns. Regulations in this subpart are activities, i.e., a marine mammal Mitigation measures are described in effective from June 11, 2008 through monitoring and mitigation plan. Your § 18.118. June 11, 2013 for year-round oil and gas monitoring program must document the exploration activities. effects on these marine mammals and § 18.115 What criteria does the Service estimate the actual level and type of use to evaluate Letter of Authorization § 18.114 How do I obtain a Letter of take. The monitoring requirements will requests? Authorization? vary depending on the activity, the (a) We will evaluate each request for (a) You must be a U.S. citizen as location, and the time of year. a Letter of Authorization based on the defined in § 18.27(c). (3) A site-specific polar bear specific activity and the specific (b) If you are conducting an oil and awareness and interaction plan, i.e., a geographic location. We will determine gas exploration activity in the specified polar bear interaction plan. whether the level of activity identified geographic region described in § 18.112 (4) A record of community in the request exceeds that analyzed by that may cause the taking of Pacific consultation. Applicants must consult us in considering the number of animals walruses (walruses) or polar bears and with potentially affected subsistence likely to be taken and evaluating you want nonlethal incidental take communities along the Chukchi Sea whether there will be a negligible authorization under this rule, you must coast (Point Hope, Point Lay, impact on the species or adverse impact apply for a Letter of Authorization for Wainwright, and Barrow) and on the availability of the species for each exploration activity. You must appropriate subsistence user subsistence uses. If the level of activity submit the application for authorization organizations (the Eskimo Walrus is greater, we will reevaluate our to our Alaska Regional Director (see 50 Commission and the Alaska Nanuuq findings to determine if those findings CFR 2.2 for address) at least 90 days (polar bear) Commission) to discuss the continue to be appropriate based on the prior to the start of the proposed location, timing, and methods of greater level of activity that you have activity. proposed operations and support requested. Depending on the results of (c) Your application for a Letter of activities and identify any potential the evaluation, we may grant the Authorization must include the conflicts with subsistence walrus and authorization, add further conditions, or following information: polar bear hunting activities in the deny the authorization. (1) A description of the activity, the communities. Applications for Letters of (b) In accordance with § 18.27(f)(5), dates and duration of the activity, the Authorization must include we will make decisions concerning specific location, and the estimated area documentation of all consultations with withdrawals of Letters of Authorization,

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 ER11jn08.001 33252 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

either on an individual or class basis, concentrations of walruses or polar (iii) Plan all aircraft routes to only after notice and opportunity for bears. Under no circumstances, other minimize any potential conflict with public comment. than an emergency, should any vessel active or anticipated walrus or polar (c) The requirement for notice and approach within a 805-m (0.5-mi) radius bear hunting activity as determined public comment in paragraph (b) of this of walruses or polar bears observed on through community consultations. section will not apply if we determine land or ice. (3) Additional mitigation measures for that an emergency exists that poses a (iii) Vessel operators must take every offshore exploration activities. significant risk to the well-being of precaution to avoid harassment of (i) Offshore exploration activities will species or stocks of walruses or polar concentrations of feeding walruses be authorized only during the open- bears. when a vessel is operating near these water season, defined as the period July animals. Vessels should reduce speed 1 to November 30. Exemption waivers to § 18.116 What does a Letter of the specified open-water season may be Authorization allow? and maintain a minimum 805-m (0.5- mi) operational exclusion zone around issued by the Service on a case-by-case (a) Your Letter of Authorization may feeding walrus groups. Vessels may not basis, based upon a review of seasonal allow the nonlethal incidental, but not be operated in such a way as to separate ice conditions and available information intentional, take of walruses and polar members of a group of walruses from on walrus and polar bear distributions bears when you are carrying out one or other members of the group. When in the area of interest. more of the following activities: (ii) To avoid significant additive and (1) Conducting geological and weather conditions require, such as when visibility drops, vessels should synergistic effects from multiple oil and geophysical surveys and associated gas exploration activities on foraging or activities; adjust speed accordingly to avoid the likelihood of injury to walruses. migrating walruses, operators must (2) Drilling exploratory wells and maintain a minimum spacing of 24 km (iv) The transit of operational and associated activities; or (15 mi) between all active seismic- support vessels through the specified (3) Conducting environmental source vessels and/or exploratory geographic region is not authorized monitoring activities associated with drilling operations. No more than four prior to July 1. This operating condition exploration activities to determine simultaneous seismic operations will be is intended to allow walruses the specific impacts of each activity. authorized in the Chukchi Sea region at opportunity to disperse from the (b) Each Letter of Authorization will any time. identify conditions or methods that are confines of the spring lead system and (iii) No offshore exploration activities specific to the activity and location. minimize interactions with subsistence will be authorized within a 64-km (40- walrus hunters. Exemption waivers to mi) radius of the communities of § 18.117 What activities are prohibited? this operating condition may be issued (a) Intentional take and lethal Barrow, Wainwright, Point Lay, or Point by the Service on a case-by-case basis, Hope, unless provided for in a Service- incidental take of walruses or polar based upon a review of seasonal ice bears; and approved, site-specific Plan of conditions and available information on Cooperation as described in paragraph (b) Any take that fails to comply with walrus and polar bear distributions in this part or with the terms and (a)(6) of this section. the area of interest. (iv) Aerial monitoring surveys or an conditions of your Letter of (v) All vessels must avoid areas of Authorization. equivalent monitoring program active or anticipated subsistence acceptable to the Service will be § 18.118 What are the mitigation, hunting for walrus or polar bear as required to estimate the number of monitoring, and reporting requirements? determined through community walruses and polar bears in a proposed (a) Mitigation. Holders of a Letter of consultations. project area. Authorization must use methods and (2) Operating conditions for aircraft. (4) Additional mitigation measures for conduct activities in a manner that (i) Operators of support aircraft offshore seismic surveys. Any offshore minimizes to the greatest extent should, at all times, conduct their exploration activity expected to include practicable adverse impacts on walruses activities at the maximum distance the production of pulsed underwater and polar bears, their habitat, and on the possible from concentrations of sounds with sound source levels ≥160 availability of these marine mammals walruses or polar bears. dB re 1 µPa will be required to establish for subsistence uses. Dynamic (ii) Under no circumstances, other and monitor acoustic exclusion and management approaches, such as than an emergency, should aircraft disturbance zones and implement temporal or spatial limitations in operate at an altitude lower than 305 m adaptive mitigation measures as follows: response to the presence of marine (1,000 ft) within 805 m (0.5 mi) of (i) Monitor zones. Establish and mammals in a particular place or time walruses or polar bears observed on ice monitor with trained marine mammal or the occurrence of marine mammals or land. Helicopters may not hover or observers an acoustically verified engaged in a particularly sensitive circle above such areas or within 805 m exclusion zone for walruses activity (such as feeding), must be used (0.5 mile) of such areas. When weather surrounding seismic airgun arrays to avoid or minimize interactions with conditions do not allow a 305-m (1,000- where the received level would be ≥ 180 polar bears, walruses, and subsistence ft) flying altitude, such as during severe dB re 1 µPa; an acoustically verified users of these resources. storms or when cloud cover is low, exclusion zone for polar bear (1) Operating conditions for aircraft may be operated below the 305- surrounding seismic airgun arrays operational and support vessels. m (1,000-ft) altitude stipulated above. where the received level would be ≥ 190 (i) Operational and support vessels However, when aircraft are operated at dB re 1 µPa; and an acoustically verified must be staffed with dedicated marine altitudes below 305 m (1,000 ft) because walrus disturbance zone ahead of and mammal observers to alert crew of the of weather conditions, the operator must perpendicular to the seismic vessel presence of walruses and polar bears avoid areas of known walrus and polar track where the received level would be and initiate adaptive mitigation bear concentrations and should take ≥ 160 dB re 1 µPa. responses. precautions to avoid flying directly over (ii) Ramp-up procedures. For all (ii) At all times, vessels must maintain or within 805 m (0.5 mile) of these seismic surveys, including airgun the maximum distance possible from areas. testing, use the following ramp-up

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33253

procedures to allow marine mammals to to the aggregation do not exceed 160–dB the areas). Should previously unknown depart the exclusion zone before seismic re 1 µPa; and occupied dens be discovered within 1 surveying begins: (B) Not proceed with powering up the mile of activities, work in the immediate (A) Visually monitor the exclusion seismic airgun array until it can be area must cease and the Service zone and adjacent waters for the established that there are no walrus contacted for guidance. The Service will absence of polar bears and walruses for aggregations within the 160–dB zone evaluate these instances on a case-by- at least 30 minutes before initiating based upon ship course, direction, and case basis to determine the appropriate ramp-up procedures. If no polar bears or distance from last sighting. If shut down action. Potential actions may range from walruses are detected, you may initiate was required, the ramp-up procedures cessation or modification of work to ramp-up procedures. Do not initiate provided in paragraph (a)(4)(ii) of this conducting additional monitoring, and ramp-up procedures at night or when section must be followed when the holder of the authorization must you cannot visually monitor the restarting. comply with any additional measures exclusion zone for marine mammals. (5) Additional mitigation measures for specified. (B) Initiate ramp-up procedures by onshore exploration activities. (6) Mitigation measures for the firing a single airgun. The preferred (i) Polar bear interaction plan.— subsistence use of walruses and polar airgun to begin with should be the Holders of Letters of Authorization will bears. Holders of Letters of smallest airgun, in terms of energy be required to develop and implement Authorization must conduct their output (dB) and volume (in3). a Service-approved, site-specific polar activities in a manner that, to the (C) Continue ramp-up by gradually bear interaction plan. Polar bear greatest extent practicable, minimizes activating additional airguns over a awareness training will also be required adverse impacts on the availability of period of at least 20 minutes, but no of certain personnel. Polar bear Pacific walruses and polar bears for longer than 40 minutes, until the interaction plans will include: subsistence uses. (i) Community Consultation.—Prior to desired operating level of the airgun (A) A description of the locations and receipt of a Letter of Authorization, array is obtained. types of activities to be conducted i.e., applicants must consult with potentially (iii) Power down/Shut down.— a plan of operation; affected communities and appropriate Immediately power down or shut down (B) A food and waste management subsistence user organizations to the seismic airgun array and/or other plan; (C) Personnel training materials and discuss potential conflicts with acoustic sources whenever any walruses procedures; subsistence hunting of walrus and polar are sighted approaching close to or (D) Site at-risk locations and bear caused by the location, timing, and within the area delineated by the 180– situations; methods of proposed operations and dB re 1 µPa walrus exclusion zone, or (E) A snow management plan; support activities (see § 18.114(c)(4) for polar bears are sighted approaching (F) Polar bear observation and details). If community concerns suggest close to or within the area delineated by reporting procedures; and that the proposed activities may have an the 190–dB re 1 µPa polar bear (G) Polar bear avoidance and adverse impact on the subsistence uses exclusion zone. If the power down encounter procedures. of these species, the applicant must operation cannot reduce the received (ii) Polar bear monitors.—If deemed address conflict avoidance issues sound pressure level to 180–dB re 1 µPa appropriate by the Service, holders of a through a Plan of Cooperation as (walrus) or 190–dB re 1 µPa (polar Letter of Authorization will be required described below. bears), the operator must immediately to hire and train polar bear monitors to (ii) Plan of Cooperation (POC).— shut down the seismic airgun array and/ alert crew of the presence of polar bears Where prescribed, holders of Letters of or other acoustic sources. and initiate adaptive mitigation Authorization will be required to (iv) Emergency shut down.—If responses. develop and implement a Service- observations are made or credible (iii) Efforts to minimize disturbance approved POC. The POC must include: reports are received that one or more around known polar bear dens.— (A) A description of the procedures by walruses and/or polar bears are within Holders of a Letter of Authorization which the holder of the Letter of the area of the seismic survey and are must take efforts to limit disturbance Authorization will work and consult in an injured or mortal state, or are around known polar bear dens. with potentially affected subsistence indicating acute distress due to seismic (A) Efforts to locate polar bear dens.— hunters; and noise, the seismic airgun array will be Holders of a Letter of Authorization (B) A description of specific measures immediately shut down and the Service seeking to carry out onshore exploration that have been or will be taken to avoid contacted. The airgun array will not be activities in known or suspected polar or minimize interference with restarted until review and approval has bear denning habitat during the denning subsistence hunting of walruses and been given by the Service. The ramp-up season (November–April) must make polar bears and to ensure continued procedures provided in paragraph efforts to locate occupied polar bear availability of the species for (a)(4)(ii) of this section must be followed dens within and near proposed areas of subsistence use. when restarting. operation, utilizing appropriate tools, (C) The Service will review the POC (v) Adaptive response for walrus such as forward looking infrared (FLIR) to ensure that any potential adverse aggregations.—Whenever an aggregation imagery and/or polar bear scent-trained effects on the availability of the animals of 12 or more walruses are detected dogs. All observed or suspected polar are minimized. The Service will reject within an acoustically verified 160–dB bear dens must be reported to the POCs if they do not provide adequate re 1 µPa disturbance zone ahead of or Service prior to the initiation of safeguards to ensure the least perpendicular to the seismic vessel exploration activities. practicable adverse impact on the track, the holder of this Authorization (B) Exclusion zone around known availability of walruses and polar bears must: polar bear dens.—Operators must for subsistence use. (A) Immediately power down or shut observe a 1-mile operational exclusion (b) Monitoring. Depending on the down the seismic airgun array and/or zone around all known polar bear dens siting, timing, and nature of proposed other acoustic sources to ensure sound during the denning season (November– activities, holders of Letters of pressure levels at the shortest distance April, or until the female and cubs leave Authorization will be required to:

VerDate Aug<31>2005 17:30 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 33254 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations

(1) Maintain trained, Service- Where insufficient information exists to (D) Weather, visibility, and ice approved, on-site observers to carry out evaluate the potential effects of conditions at the time of observation; monitoring programs for polar bears and proposed activities on walruses, polar (E) Estimated closest point of walruses necessary for initiating bears, and the subsistence use of these approach for bears from personnel and adaptive mitigation responses. resources, holders of Letters of facilities; (i) Marine Mammal Observers Authorization may be required to (F) Industry activity at time of (MMOs) will be required on board all participate in joint monitoring and/or sighting, possible attractants present; operational and support vessels to alert research efforts to address these (G) Bear behavior; crew of the presence of walruses and information needs and insure the least (H) Description of the encounter; polar bears and initiate adaptive practicable impact to these resources. (I) Duration of the encounter; and mitigation responses identified in Information needs in the Chukchi Sea (J) Actions taken. paragraph (a) of this section, and to include, but are not limited to: (iv) Notification of incident report.— carry out specified monitoring activities (i) Distribution, abundance, and Reports should include all information identified in the marine mammal habitat use patterns of walruses and specified under the species observation monitoring and mitigation plan (see polar bears in offshore environments; report, as well as a full written paragraph(b)(2) of this section) and description of the encounter and actions necessary to evaluate the impact of (ii) Cumulative effects of multiple taken by the operator. The operator authorized activities on walruses, polar simultaneous operations on walruses must report to the Service within 24 bears, and the subsistence use of these and polar bears. hours: subsistence resources. The MMOs must (c) Reporting requirements. Holders of (A) Any incidental lethal take or have completed a marine mammal Letters of Authorization must report the injury of a polar bear or walrus; and observer training course approved by results of specified monitoring activities (B) Observations of walruses or polar the Service. to the Service’s Alaska Regional Director bears within prescribed mitigation- (ii) Polar bear monitors.—Polar bear (see 50 CFR 2.2 for address). monitoring zones. monitors will be required under the (1) In-season monitoring reports. (2) After-action monitoring reports. monitoring plan if polar bears are (i) Activity progress reports.— The results of monitoring efforts known to frequent the area or known Operators must keep the Service identified in the marine mammal polar bear dens are present in the area. informed on the progress of authorized monitoring and mitigation plan must be Monitors will act as an early detection activities by: submitted to the Service for review system in regard to proximate bear (A) Notifying the Service at least 48 within 90 days of completing the year’s activity to Industry facilities. hours prior to the onset of activities; activities. Results must include, but are (2) Develop and implement a site- (B) Providing weekly progress reports not limited to, the following specific, Service-approved marine of authorized activities noting any information: mammal monitoring and mitigation significant changes in operating state (i) A summary of monitoring effort plan to monitor and evaluate the effects and or location; and including: total hours, total distances, of authorized activities on polar bears, (C) Notifying the Service within 48 and distribution through study period; walruses, and the subsistence use of hours of ending activity. (ii) Analysis of factors affecting the these resources. (ii) Walrus observation reports.—The visibility and detectability of walruses (i) The marine mammal monitoring operator must report, on a weekly basis, and polar bears by specified monitoring; and mitigation plan must enumerate the all observations of walruses during any (iii) Analysis of the distribution, number of walruses and polar bears Industry operation. Information within abundance, and behavior of walrus and encountered during specified the observation report will include, but polar bear sightings in relation to date, exploration activities, estimate the is not limited to: location, ice conditions, and operational number of incidental takes that occurred (A) Date, time, and location of each state; and during specified exploration activities, walrus sighting; (iv) Estimates of take based on density and evaluate the effectiveness of (B) Number of walruses: sex and age; estimates derived from monitoring and prescribed mitigation measures. (C) Observer name and contact survey efforts. (ii) Applicants must fund an information; independent peer review of proposed (D) Weather, visibility, and ice § 18.119 What are the information monitoring plans and draft reports of conditions at the time of observation; collection requirements? monitoring results. This peer review (E) Estimated range at closest (a) We may not conduct or sponsor will consist of independent reviewers approach; and a person is not required to respond who have knowledge and experience in (F) Industry activity at time of to a collection of information unless it statistics, marine mammal behavior, and sighting; displays a currently valid OMB control the type and extent of the proposed (G) Behavior of animals sighted; number. The Office of Management and operations. The applicant will provide (H) Description of the encounter; Budget has approved the collection of the results of these peer reviews to the (I) Duration of the encounter; and information contained in this subpart Service for consideration in final (J) Actions taken. and assigned control number 1018– approval of monitoring plans and final (iii) Polar bear observation reports.— 0139. You must respond to this reports. The Service will distribute The operator must report, within 24 information collection request to obtain copies of monitoring reports to hours, all observations of polar bears a benefit pursuant to section 101(a)(5) of appropriate resource management during any Industry operation. the Marine Mammal Protection Act. We agencies and co-management Information within the observation will use the information to: organizations. report will include, but is not limited to: (1) Evaluate the application and (3) Cooperate with the Service and (A) Date, time, and location of determine whether or not to issue other designated Federal, State, and observation; specific Letters of Authorization and; local agencies to monitor the impacts of (B) Number of bears: sex and age; (2) Monitor impacts of activities oil and gas exploration activities in the (C) Observer name and contact conducted under the Letters of Chukchi Sea on walruses or polar bears. information; Authorization.

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 33255

(b) You should direct comments Officer, U.S. Fish and Wildlife Service, Dated: May 1, 2008. regarding the burden estimate or any Department of the Interior, Mail Stop Lyle Laverty, other aspect of this requirement to the 222 ARLSQ, 1849 C Street, NW., Assistant Secretary for Fish and Wildlife and Information Collection Clearance Washington, DC 20240. Parks. [FR Doc. E8–12918 Filed 6–10–08; 8:45 am] BILLING CODE 4310–55–P

VerDate Aug<31>2005 16:45 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\11JNR3.SGM 11JNR3 pwalker on PROD1PC71 with RULES3 Wednesday, June 11, 2008

Part V

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants; Proposed Rule

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33258 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

ENVIRONMENTAL PROTECTION Public Hearing. If anyone contacts mail address will be automatically AGENCY EPA by June 23, 2008 requesting to captured and included as part of the speak at a public hearing, a hearing will comment that is placed in the public 40 CFR Part 63 be held on July 11, 2008. docket and made available on the [EPA–HQ–OAR–2002–0017; FRL–8576–3] ADDRESSES: You may submit comments, Internet. If you submit an electronic identified by Docket ID No. EPA–HQ– comment, EPA recommends that you RIN 2060–AN99 OAR–2002–0017, by any of the include your name and other contact following methods: information in the body of your National Emission Standards for • Federal eRulemaking Portal: http:// comment and with any disk or CD–ROM Hazardous Air Pollutants: Mercury www.regulations.gov: Follow the you submit. If EPA cannot read your Emissions from Mercury Cell Chlor- instructions for submitting comments. comment due to technical difficulties Alkali Plants • Agency Web Site: http:// and cannot contact you for clarification, AGENCY: Environmental Protection www.epa.gov/oar/docket.html. Follow EPA may not be able to consider your Agency (EPA). the instructions for submitting comment. Electronic files should avoid comments on the EPA Air and Radiation ACTION: Proposed rule. the use of special characters, any form Docket Web site. of encryption, and be free of any defects • SUMMARY: This action proposes E-mail: [email protected]. or viruses. Include Docket ID No. EPA–HQ–OAR– amendments to the national emission Docket: All documents in the docket standards for hazardous air pollutants 2002–0017 in the subject line of the message. are listed in the www.regulations.gov (NESHAP) for mercury emissions from • index. Although listed in the index, mercury cell chlor-alkali plants. This Fax: (202) 566–9744. • Mail: National Emission Standards some information is not publicly NESHAP (hereafter called the ‘‘2003 for Hazardous Air Pollutants for available, e.g., CBI or other information Mercury Cell MACT’’) limited mercury Mercury Cell Chlor-alkali Plants Docket, whose disclosure is restricted by statute. air emissions from these plants. Environmental Protection Agency, EPA Certain other material, such as Following promulgation of the 2003 Docket Center (EPA/DC), Air and copyrighted material, is not placed on Mercury Cell Maximum Achievable Radiation Docket, Mail Code 2822T, the Internet and will be publicly Control Technology (MACT) NESHAP, 1200 Pennsylvania Ave., NW., available only in hard copy form. EPA received a petition to reconsider Washington, DC 20460. Please include a Publicly available docket materials are several aspects of the rule from the total of two copies. available either electronically through Natural Resources Defense Council • Hand Delivery: EPA Docket Center, www.regulations.gov or in hard copy at (NRDC). NRDC also filed a petition for Public Reading Room, EPA West, Room the National Emission Standards for judicial review of the rule in the U.S. 3334, 1301 Constitution Ave., NW., Hazardous Air Pollutants for Mercury Court of Appeals for the DC Circuit. By Washington, DC 20460. Such deliveries Cell Chlor-alkali Plants Docket, EPA/ a letter dated April 8, 2004, EPA granted are only accepted during the Docket’s DC, EPA West, Room 3334, 1301 NRDC’s petition for reconsideration, normal hours of operation, and special Constitution Ave., NW., Washington, and on July 20, 2004, the Court placed arrangements should be made for DC. The Public Reading Room is open the petition for judicial review in deliveries of boxed information. from 8:30 a.m. to 4:30 p.m., Monday abeyance pending EPA’s action on Instructions: Direct your comments to through Friday, excluding legal reconsideration. This action is EPA’s Docket ID No. EPA–HQ–OAR–2002– holidays. The telephone number for the proposed response to NRDC’s petition 0017. EPA’s policy is that all comments Public Reading Room is (202) 566–1744, for reconsideration. received will be included in the public and the telephone number for the Air We are not proposing any docket without change and may be Docket is (202) 566–1742. amendments to the control and made available online at http:// monitoring requirements for stack www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT: Dr. emissions of mercury established by the personal information provided, unless Donna Lee Jones, Sector Policies and 2003 Mercury Cell MACT. This the comment includes information Programs Division, Office of Air Quality proposed rule would amend the claimed to be confidential business Planning and Standards (D243–02), requirements for cell room fugitive information (CBI) or other information Environmental Protection Agency, mercury emissions to require work whose disclosure is restricted by statute. Research Triangle Park, North Carolina practice standards for the cell rooms Do not submit information that you 27711, telephone number: (919) 541– and to require instrumental monitoring consider to be CBI or otherwise 5251; fax number: (919) 541–3207; e- of cell room fugitive mercury emissions. protected through www.regulations.gov mail address: [email protected]. This proposed rule would also amend or e-mail. The www.regulations.gov Web SUPPLEMENTARY INFORMATION: aspects of these work practice standards site is an ‘‘anonymous access’’ system, and would correct errors and which means EPA will not know your I. General Information inconsistencies in the 2003 Mercury identity or contact information unless A. Does this action apply to me? Cell MACT that have been brought to you provide it in the body of your our attention. comment. If you send an e-mail The regulated categories and entities DATES: Comments. Comments must be comment directly to EPA without going potentially affected by this proposed received on or before August 11, 2008. through www.regulations.gov, your e- action include:

Category NAICS code 1 Examples of regulated entities

Industry ...... 325181 ...... Alkalis and Chlorine Manufacturing. Federal government ...... Not affected.

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33259

Category NAICS code 1 Examples of regulated entities

State/local/tribal government ...... Not affected. 1 North American Industry Classification System.

This table is not intended to be the TTN’s policy and guidance page for J. Executive Order 12898: Federal Actions exhaustive, but rather provides a guide newly proposed or promulgated rules at to Address Environmental Justice in for readers regarding entities likely to be the following address: http:// Minority Populations and Low-Income affected by this action. To determine www.epa.gov/ttn/oarpg/. The TTN Populations whether your facility would be provides information and technology II. Background Information regulated by this action, you should exchange in various areas of air A. Reconsideration Overview examine the applicability criteria in 40 pollution control. CFR 63.7682 of subpart IIIII, National On December 19, 2003, EPA Emission Standards for Hazardous Air D. When would a public hearing occur? promulgated the National Emission Pollutants (NESHAP): Mercury If anyone contacts EPA requesting to Standards for Hazardous Air Pollutants Emissions from Mercury Cell Chlor- speak at a public hearing concerning the for Mercury Emissions from Mercury Alkali (hereafter called the ‘‘2003 proposed amendments by June 23, 2008, Chlor-alkali Plants (40 CFR part 63, Mercury Cell MACT’’). If you have any we will hold a public hearing on July subpart IIIII, 68 FR 70904), hereafter questions regarding the applicability of 11, 2008. If you are interested in called the ‘‘2003 Mercury Cell MACT.’’ this action to a particular entity, consult attending the public hearing, contact This rule for mercury cell chlor-alkali either the air permitting authority for Ms. Pamela Garrett at (919) 541–7966 to plants implemented section 112(d) of the entity or your EPA regional verify that a hearing will be held. If a the Clean Air Act (CAA), which representative as listed in 40 CFR 63.13 public hearing is held, it will be held at required all categories and subcategories of subpart A (General Provisions). 10 a.m. at the EPA’s Environmental of major sources listed under section Research Center Auditorium, Research 112(c) to meet hazardous air pollutant B. What should I consider as I prepare Triangle Park, NC, or an alternate site emission standards reflecting the my comments to EPA? nearby. application of the maximum achievable Do not submit information containing control technology (MACT). Mercury confidential business information (CBI) E. How is this document organized? cell chlor-alkali plants are a subcategory to EPA through www.regulations.gov or The supplementary information in of the chlorine production source e-mail. Send or deliver information this preamble is organized as follows: category listed under the authority of identified as CBI only to the following I. General Information section 112(c)(1) of the CAA. In address: Roberto Morales, OAQPS A. Does this action apply to me? addition, mercury cell chlor-alkali Document Control Officer (C404–02), B. What should I consider as I prepare my plants were listed as an area source Environmental Protection Agency, comments to EPA? category under section 112(c)(3) and Office of Air Quality Planning and C. Where can I get a copy of this (k)(3)(B) of the CAA. The 2003 Mercury Standards, Research Triangle Park, document? Cell MACT satisfied our requirement to North Carolina 27711, Attention Docket D. When would a public hearing occur? issue 112(d) regulations under each of ID EPA–HQ–OAR–2002–0017. Clearly E. How is this document organized? these listings (for mercury). mark the part or all of the information II. Background Information The 2003 Mercury Cell MACT that you claim to be CBI. For CBI A. Reconsideration Overview contained numerical emission B. Industry Description information in a disk or CD–ROM that C. Regulatory Background limitations for the point sources of you mail to EPA, mark the outside of the D. Details of the Petition for mercury emissions at mercury cell disk or CD–ROM as CBI and then Reconsideration chlor-alkali plants. It also required that identify electronically within the disk or III. Summary of EPA’s Reconsideration and the plants either install mercury CD–ROM the specific information that Proposed Amendments monitoring systems on the point source is claimed as CBI. In addition to one A. What were the issues that EPA vents or that they test each vent complete version of the comment that reconsidered, and what are EPA’s manually at least once per week. The includes information claimed as CBI, a proposed responses? compliance date for the 2003 Mercury copy of the comment that does not B. What amendments are EPA proposing? Cell MACT was December 19, 2006. C. What are the impacts of these proposed contain the information claimed as CBI The 2003 Mercury Cell MACT also rule amendments? contained a set of work practice must be submitted for inclusion in the IV. Statutory and Executive Order Reviews public docket. Information so marked A. Executive Order 12866: Regulatory standards to address fugitive mercury will not be disclosed except in Planning and Review emissions from the cell rooms. We accordance with procedures set forth in B. Paperwork Reduction Act determined that these procedures 40 CFR part 2. C. Regulatory Flexibility Act represented the MACT for the industry, D. Unfunded Mandates Reform Act and were considerably more stringent C. Where can I get a copy of this E. Executive Order 13132: Federalism than the 40 CFR part 61 subpart E document? F. Executive Order 13175: Consultation NESHAP requirements for control of In addition to being available in the and Coordination With Indian Tribal mercury emissions (hereafter called the docket, an electronic copy of this Governments ‘‘part 61 Mercury NESHAP’’) that were G. Executive Order 13045: Protection of proposed action will also be available Children From Environmental Health applicable to this industry prior to the on the Worldwide Web (WWW) through and Safety Risks 2003 Mercury Cell MACT. An the Technology Transfer Network H. Executive Order 13211 (Energy Effects) alternative compliance option was (TTN). Following signature, a copy of I. National Technology Transfer included in the 2003 Mercury Cell this proposed action will be posted on Advancement Act MACT that required mercury

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33260 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

monitoring systems to be installed in Mercury cell chlor-alkali plants cell plants complied with the part 61 the cell rooms with mandatory problem produce chlorine and caustic soda Mercury NESHAP using these correction when a site-specific mercury (sodium hydroxide) or caustic potash assumptions rather than testing and concentration action level is exceeded. (potassium hydroxide) in an electrolytic determining actual fugitive cell room As of December 19, 2006, the reaction using mercury. A mercury cell mercury emissions. Therefore, the compliance date for the 2003 Mercury plant typically has many individual extent of actual plant-wide and cell Cell MACT, all facilities but one have cells housed in one or more cell room emissions that occurred under the chosen this alternative compliance buildings. Mercury cells are electrically part 61 rule could not be precisely option. connected together in series. determined. On February 17, 2004, the Natural At a mercury cell chlor-alkali plant, In the 2003 Mercury Cell MACT Resources Defense Council (NRDC) mercury is emitted from point sources rulemaking, pursuant to Clean Air Act submitted to EPA an administrative (i.e., stacks) and fugitive sources. section 112(d)(2) and (3), the regulatory petition asking us to reconsider several Mercury also leaves the plant in analyses for the stack control aspects of the 2003 Mercury Cell MACT wastewater and solid wastes. There are requirements were based on the under Clean Air Act section three primary point sources of mercury practices and controls of the lowest 307(d)(7)(B). On the same day, NRDC emissions at mercury cell plants: The emitting plants out of the eleven and the Sierra Club filed a petition for end-box ventilation system vent, the by- facilities operating at the time of the judicial review of the 2003 Mercury Cell product hydrogen system vent, and the MACT analyses. Existing mercury cell MACT in the U.S. Court of Appeals for mercury thermal recovery unit vents. chlor-alkali production facilities with the DC Circuit (Civ. No. 04–1048). The Every mercury cell plant has a hydrogen end-box ventilation systems were focus of many of the issues raised in the by-product stream, and most have an required by the 2003 Mercury Cell petition for reconsideration was EPA’s end-box ventilation system. However, MACT to limit the aggregate mercury treatment of the fugitive cell room not all of the plants have thermal emissions from all by-product hydrogen emissions in the 2003 Mercury Cell mercury recovery units. Of the five streams and end-box ventilation system MACT. Specifically, NRDC asked EPA plants currently operating, all five vents to not exceed 0.076 grams (g) to reconsider (1) the decision to develop facilities have end-box ventilation mercury (Hg) per megagram (Mg) a set of work practice requirements systems and two have thermal mercury chlorine (Cl2) for any consecutive 52- under Clean Air Act section 112(h) in recovery units. week period. Existing mercury cell lieu of a numeric emission limitation for In addition to the stack emissions, chlor-alkali production facilities cell rooms; (2) the decision to make the there are fugitive mercury emissions at without end-box ventilation systems promulgated work practices optional for these plants. The majority of fugitive were required to limit the mercury sources that choose to undertake mercury emissions occur from sources emissions from all by-product hydrogen continuous monitoring; (3) the decision inside the cell room such as leaks from streams to not exceed 0.033 g Hg/Mg Cl2 to not require existing facilities to cells, decomposers, hydrogen piping, for any consecutive 52-week period. convert to a mercury-free chlorine and other equipment. Fugitive mercury The 2003 Mercury Cell MACT manufacturing process; (4) the emissions also occur during contained a set of work practice elimination of the previously applicable maintenance activities such as cell or standards to address and mitigate part 61 rule’s 2,300 grams/day plant- decomposer openings, mercury pump fugitive mercury releases at mercury cell wide emission limitation; and (5) the change-outs, and end-box seal chlor-alkali plants. The MACT analysis decision to create a subcategory of replacements, etc. All of this equipment for the requirements to reduce fugitive mercury cell chlor-alkali plants within and activities are located in the cell mercury emissions was based on the the chlorine production category. room, so these fugitive mercury best practices of the eleven facilities By a letter dated April 8, 2004, Jeffrey emissions would be emitted via the cell operating at the time of the July 2002 Holmstead, then-EPA Assistant room ventilation system. proposal for the Mercury Cell MACT Administrator for Air and Radiation, There are potential fugitive air (see 67 FR 44672, July 3, 2002). These notified the NRDC that EPA had granted emission sources outside of the cell work practice provisions included NRDC’s petition for reconsideration of room. These potential outside sources specific equipment standards such as the 2003 Mercury Cell MACT. On July include leaks of mercury-contaminated the requirement that end boxes either be 20, 2004, the Court granted EPA’s brine in the brine treatment area, the closed (that is, equipped with fixed motion to hold the case in abeyance wastewater system, and the handling covers), or that end box headspaces be pending EPA’s action on and storage of mercury contaminated routed to a ventilation system (40 CFR reconsideration of the 2003 Mercury wastes. 63.8192, ‘‘What work practice standards Cell MACT. Today’s notice is EPA’s must I meet?’’, and Tables 1 through 4 C. Regulatory Background proposed response to NRDC’s petition to subpart IIIII of part 63). Other for reconsideration. The part 61 Mercury NESHAP, which examples include requirements that applied to all mercury cell chlor-alkali piping in liquid mercury service have B. Industry Description chlorine production plants prior to the smooth interiors, that cell room floors There currently are five operating 2003 Mercury Cell MACT, contained a be free of cracks and spalling (i.e., mercury cell chlor-alkali plants in the numerical emission limit for mercury of fragmentation by chipping) and coated U.S., with one of these plants planning 2,300 grams per day (g/day) for the with a material that resists mercury to convert to non-mercury technology entire plant. Point sources were limited absorption, and that containers used to by 2012. These five plants are in to 1,000 g/day of mercury. If plants store liquid mercury have tight-fitting Augusta, Georgia; Ashtabula, Ohio; conducted a series of detailed design, lids (Table 1 to subpart IIIII of part 63). Charleston, Tennessee; New maintenance, and housekeeping The work practice standards also Martinsville, West Virginia; and Port procedures, they were permitted under included operational requirements. Edwards, Wisconsin. The Port Edwards, the part 61 rule to assume that fugitive Examples of these include requirements Wisconsin facility is the one that is mercury emissions from the cell room to allow electrolyzers and decomposers expected to convert to non-mercury were 1,300 g/day, without having to to cool before opening, to keep liquid technology. demonstrate as such. All the mercury mercury in end boxes and mercury

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33261

pumps covered by an aqueous liquid at up to 48 hours (Table 3 to subpart IIIII Once the action level(s) was established, a temperature below its boiling point at of part 63) under certain conditions. continuous monitoring of the cell room all times, to maintain end box access Inspections for hydrogen gas leaks was required during all periods of port stoppers in good sealing condition, were required twice per day. For a operation. If the action level was and to rinse all parts removed from the hydrogen leak at any location upstream exceeded at anytime, actions to identify decomposer for maintenance prior to of a hydrogen header, a first attempt at and correct the source of elevated transport to another work area (Table 1 repair was required within 1 hour of mercury vapor were required to be to subpart IIIII of part 63). detection of the leaking equipment, and initiated as soon as possible. If the the leaking equipment was required to elevated mercury vapor level was due to A cornerstone of the work practice be repaired within 4 hours (with a maintenance activity, the owner or standards was the inspection program provisions for delay of repair if the operator was required to ensure that all for equipment problems, leaking leaking equipment was isolated). For a work practices related to that equipment, liquid mercury hydrogen leak downstream of the maintenance activity were followed. If a accumulations and spills, and cracks or hydrogen header but upstream of the maintenance activity was not the cause, spalling in floors and pillars and beams. final control device, a first attempt at inspections and other actions were Specifically, the 2003 Mercury Cell repair was required within 4 hours, and needed to identify and correct the cause MACT required that visual inspections complete repair required within 24 of the elevated mercury vapor level. be conducted twice each day to detect hours (with delay provisions if the Owners and operators utilizing this cell equipment problems, such as end box header is isolated) (Table 3 to subpart room monitoring program option were access port stoppers not securely in IIIII of part 63). required to develop site-specific cell place, liquid mercury in open The work practice standards in the room monitoring plans describing their containers not covered by an aqueous 2003 Mercury Cell MACT required that monitoring system and quality liquid, or leaking vent hoses (Table 2 to facilities institute a floor level mercury assurance/quality control procedures subpart IIIII of part 63). If a problem was vapor measurement program (See that were to be used in their monitoring found during an inspection, the owner § 63.8192, ‘‘What work practice program (Table 5 to subpart IIIII of part or operator was required to take standards must I meet?’’, specifically 63). paragraph (d)). Under this program, immediate action to correct the The 2003 Mercury Cell MACT mercury vapor levels are periodically problem. Monthly inspections for established the requirement for owners measured and compared to an action cracking or spalling in cell room floors and operators to routinely wash surfaces level of 0.05 mg/m3. The 2003 Mercury were also required as well as throughout the plant where liquid Cell MACT specified the actions to be semiannual inspections for cracks and mercury could accumulate (See taken when the action level is exceeded. spalling on pillars and beams. Any § 63.8192, ‘‘What work practice If the action level was exceeded during cracks or spalling found were required standards must I meet?’’, specifically any floor-level mercury vapor to be corrected within 1 month. Visual paragraph (e)). Owners and operators measurement evaluation, facilities were inspections for liquid mercury spills or were required to prepare and follow a accumulations were also required twice required to take specific actions to identify and correct the problem written washdown plan detailing how per day. If a liquid mercury spill or and how often certain areas specified in accumulation was identified during an (§ 63.8192(d)(1) through (4)). As an alternative to the full set of the 2003 Mercury Cell MACT were to be inspection, the owner or operator was work practice standards (including the washed down to remove any required to initiate cleanup of the liquid floor-level monitoring program), the accumulations of liquid mercury (Table mercury within 1 hour of its detection 2003 Mercury Cell MACT included a 7 to subpart IIIII of part 63). (Table 3 to subpart IIIII of part 63). In compliance option to institute a cell For new or reconstructed mercury cell addition to cleanup, the 2003 Mercury room monitoring program (See chlor-alkali production facilities, the Cell MACT required inspection of the § 63.8192, ‘‘What work practice 2003 Mercury Cell MACT prohibited equipment in the area of the spill or standards must I meet?’’, specifically mercury emissions. accumulation to identify the source of paragraph (g)). In this program, owners Several mercury cell plants have the liquid mercury. If the source was and operators continuously monitor the closed or converted to membrane cells found, the owner or operator was mercury concentrations in the upper since the promulgation of the 2003 required to repair the leaking equipment portion of each cell room and take Mercury Cell MACT. When these as discussed below. If the source was corrective actions as soon as practicable situations have occurred at plants with not found, the owner or operator was when a site-specific mercury vapor level on-site thermal mercury recovery units, required to reinspect the area every 6 is detected. The cell room monitoring it has been common for these units to hours until the source was identified or program was not designed to be a continue to operate to assist in the until no additional liquid mercury was continuous emissions monitoring treatment of wastes associated with the found at that location. Inspections of system inasmuch as the results would shutdown/conversion. Under the specific equipment for liquid mercury be used only to determine relative applicability of the 2003 Mercury Cell leaks were required once per day. If changes in mercury vapor levels rather MACT, these units are no longer an leaking equipment was identified, the than compliance with a cell room affected source after the chlorine 2003 Mercury Cell MACT required that emission or operating limit (68 FR production facility ceased operating. any dripping mercury be contained and 70922). Although these mercury recovery units covered by an aqueous liquid, and that As part of the cell room monitoring were required to continue to use a first attempt to repair leaking program, the owner or operator was controls as per their state permits, these equipment be made within 1 hour of the required to establish an action level for proposed amendments would require time it is identified. Leaking equipment each cell room based on preliminary any mercury recovery unit to continue was required to be repaired within 4 monitoring to determine normal to comply with the requirements of the hours of the time it is identified, baseline conditions (See § 63.8192, Mercury Cell MACT for such units even although there are provisions for ‘‘What work practice standards must I after closure or conversion of the delaying repair of leaking equipment for meet?’’, specifically paragraph (g)(2)). chlorine production facility, as long as

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33262 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

the mercury recovery unit continues to control measure for existing sources even issues. Our reconsideration of each of operate to recover mercury. though eliminating the mercury cell process these issues is addressed below. First, would totally eradicate mercury emissions however, we also present a discussion D. Details of the Petition for and also would be cost-effective, based on of another issue that we believe relates Reconsideration NRDC’s expectations of the amount of to much of NRDC’s petition: The On February 17, 2004, under section fugitive mercury emissions from subject sources. magnitude of the fugitive mercury 307(d)(7)(B) of the Clean Air Act, the (4) EPA eliminated a 2,300 g/day limit on emissions from mercury cell chlor-alkali NRDC submitted to EPA an plant-wide mercury emissions that existed plants. administrative petition asking us to under the part 61 Mercury NESHAP. NRDC reconsider the 2003 Mercury Cell stated that doing so violated the CAA 1. Magnitude of Fugitive Mercury MACT. NRDC and the Sierra Club also because the law generally prohibits the new Emissions from Mercury Cell Chlor- filed a petition for judicial review of the emission standards under section 112 from alkali Plants rule in the U.S. Court of Appeals for the weakening more stringent existing It has been difficult to quantify requirements. DC Circuit (NRDC v. Sierra Club v. EPA, fugitive mercury emissions from Civ. No. 04–1048). Underlying many of (5) EPA inappropriately decided to create a subcategory of mercury cell plants within mercury cell chlor-alkali plants. During the issues raised in the petition for the chlorine production category. most of the time when the 2003 Mercury reconsideration was the uncertainty Cell MACT was being developed, we associated with the fugitive emission In a letter dated April 8, 2004, EPA were aware of fewer than five mercury estimates used by EPA in the generally granted NRDC’s petition for emissions studies conducted over the rulemaking. In particular, the NRDC had reconsideration, and indicated we last 30 or more years in the U.S. and concerns over the inability of mercury would respond in detail in a subsequent Europe that measured fugitive emissions cell plants to account for all the mercury rulemaking action. In addition, in from mercury cell plants. Two of these added to their processes to replace meetings between EPA staff and NRDC studies were conducted by EPA in the mercury that leaves in products or representatives, EPA agreed to address early 1970’s and formed the basis for the wastes or leaves via air emissions. the uncertainty of EPA’s fugitive assumption of 1,300 g/day mercury cell NRDC, along with a number of other mercury emissions from this industry. room emissions of the part 61 Mercury concerned parties who submitted The Court stayed the litigation while the NESHAP. During the development of comments on the July 2002 proposed Agency addressed the uncertainty the 2003 Mercury Cell MACT, EPA rule, believed that the majority of this issues, conducted additional testing, conducted a study at Olin Corporation’s ‘‘missing’’ or unaccounted mercury and reconsidered the rulemaking. mercury cell plant in Augusta, Georgia must be lost through fugitive emissions. III. Summary of EPA’s Reconsideration (hereafter called ‘‘Olin Georgia’’), that They also contended that recognition of and Proposed Amendments provided an additional estimate of this asserted fact would cause EPA to fugitive mercury emissions. change many of the decisions that had In this section, we describe actions that we undertook in support of the In the time period since mercury cell been made in developing and chlor-alkali plants were required to promulgating the 2003 Mercury Cell proposed reconsideration of the rule, especially as related to the issues raised comply with the part 61 Mercury MACT. Specifically, NRDC raised the NESHAP, which was promulgated in following five issues in its petition: by NRDC in its petition for reconsideration. We present our April of 1973, we are not aware of any (1) EPA refused to establish a numeric proposed conclusions and decisions in facility that conducted testing to emission standard for the cell room, choosing response to NRDC’s petition, and we demonstrate compliance with the cell instead to develop a set of work practices summarize the rule amendments that room emission limitation of the part 61 designed to minimize emissions. NRDC Mercury NESHAP. Instead, all facilities argued that under Clean Air Act section we are proposing in today’s action, 112(h) EPA is permitted to substitute work along with our estimate of the impacts carried out the set of approved design, practices for emission limits only upon a of these amendments. maintenance, and housekeeping finding that ‘‘it is not feasible * * * to These proposed amendments would practices and assumed fugitive mercury prescribe or enforce an emission standard.’’ be applicable to affected facilities when emissions of 1,300 g/day, as was (2) EPA’s 2003 Mercury Cell MACT the final rule amendments are permitted by the part 61 NESHAP. unreasonably backtracked from the work published, with proposed compliance The sensitivity and concern over the practices the Agency proposed. As part of the actual levels of fugitive mercury regulatory effort, EPA had surveyed the work periods of 60 days for facilities that have practices used by facilities in the industry complied with the 2003 Mercury Cell emissions from the cell rooms was and concluded that the housekeeping MACT by selecting the continuous cell exacerbated by the inability of the activities that sources followed to comply room monitoring option of that rule, and industry to fully account for all the with the part 61 Mercury NESHAP 2 years for facilities that have complied mercury that was added to the cells. In represented the MACT floor. The EPA then with the 2003 Mercury Cell MACT by the preamble to the final 2003 Mercury required these detailed housekeeping selecting the work practice option. Cell MACT (68 FR 70920), we stated the practices that were based upon the best levels following: ‘‘Even with this decrease in of activity in the industry. But despite the Mercury recovery units at sites where results of its survey and findings, EPA made mercury cells are closed or converted consumption, significant mercury the work practices optional in the 2003 after the date that the final rule remains unaccounted for by the Mercury cell MACT, allowing facilities to amendments are published would be industry. The mercury releases reported choose not to do the housekeeping activities required to comply with the to the air, water, and solid wastes in the and to instead perform continuous requirements of the final amendments 2000 Toxics Release Inventory (TRI) monitoring. EPA then stated that ‘‘a as long as they are in operation. totaled around 14 tons. This leaves comprehensive continuous cell room approximately 65 tons of consumed monitoring program should be sufficient to A. What were the issues that EPA mercury that is not accounted for in the reduce fugitive mercury emissions from the reconsidered, and what are EPA’s year 2000.’’ While industry cell room without imposing the overlapping proposed responses? requirements of the detailed work practices.’’ representatives provided explanations (3) EPA failed to consider non-mercury As discussed above in section (II)(D), for this discrepancy, they could not technology as a beyond-the-floor MACT NRDC’s petition listed five specific fully substantiate their theories.

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33263

Although we acknowledged the reasons, with significant emission The descriptions of the emissions uncertainty in the accounting of all the sources likely being leaking or testing and data gathering efforts are mercury, we stated in the 2003 Mercury malfunctioning equipment and summarized below along with our Cell MACT that no evidence has ever maintenance activities that expose estimates of fugitive mercury emissions been provided to indicate that the mercury normally enclosed in process derived from these studies. The full unaccounted mercury is emitted to the equipment to the atmosphere. One emissions test reports, two memoranda atmosphere via fugitive emissions from noteworthy NRDC criticism of the Olin that summarize the test reports, the cell room or otherwise. In its Georgia study was that no major validation reports, and summaries of the petition for reconsideration and in other ‘‘invasive’’ maintenance activities were mercury monitoring system emissions correspondence, NRDC cites performed during the testing. Therefore, data analyses can be found in the docket information that it believes supports a in designing our new study, we to this proposed rule (EPA–HQ–OAR– conclusion that the unaccounted collected data over a number of months 2004–0017), and were previously mercury is emitted from the cell room. during a wide range of operating provided to NRDC and industry However, NRDC did not address studies conditions and during times when all representatives. that have been conducted to measure major types of maintenance activities a. Description of EPA-Sponsored fugitive mercury emissions from were conducted. Mercury Emissions Tests at Two mercury cell plants that rebut that Consequently, as part of the Facilities conclusion. reconsideration efforts for the 2003 Historically, the highest daily Mercury Cell MACT, EPA sponsored a Olin—Charleston, Tennessee. This emission rate reported for any cell room test program to address the issue of the test was performed over a six-week has been approximately 2,700 g/day for magnitude of the fugitive mercury period from August to October 2006 using a long-path ultraviolet differential a plant operating in 1971, which was emissions at mercury cell chlor-alkali optical absorption spectrometer (UV– before the part 61 Mercury NESHAP plants. We visited five mercury cell DOAS) to continuously measure the was in effect. More recent studies show chlor-alkali plants to identify and mercury concentration in the ventilator fugitive mercury emissions considerably evaluate the technical, logistical, and/or and an optical scintillometer lower than the 1,300 g/day assumption safety issues associated with the (anemometer) to measure the velocity. in the part 61 Mercury NESHAP. For measurement of fugitive emissions from Emission estimates were reported for example, a study in 1998 at the the mercury cell rooms as part of a test each 24-hour period. The test report can Holtrachem facility in Orrington, Maine, program. The result of these efforts was be found in the docket, item number estimated a fugitive mercury emission that we sponsored two emissions testing rate between 85 and 304 g/day. A study EPA–HQ–OAR–2002–0017–0056.3. programs: One at the Olin mercury cell The Olin Tennessee facility has three in Sweden in 2001 estimated a daily chlor-alkali plant in Charleston, fugitive emission rate of 252 g/day. cell rooms installed adjacent to one Tennessee (hereafter called ‘‘Olin While NRDC cites various peripheral another. The E510 cellroom (startup in Tennessee’’), to estimate mercury aspects of the EPA study in 2000 study 1962) is a simple rectangular design emissions from one of its three cell at Olin’s Georgia mercury cell plant, with two rows of cells. The E812 cell rooms; and the other at the Occidental NRDC does not discuss a primary room (startup in 1968) is also a simple Chemical mercury cell chlor-alkali plant conclusion of the test: That the facility rectangular design with two rows of in Muscle Shoals, Alabama (hereafter was estimated to have an average cells. In 1974, Olin added a third cell called ‘‘Occidental Alabama’’), to fugitive mercury emission rate of 472 g/ room with additional E812 cells just estimate their total site mercury day. south of the existing E812 cell room. A While we were confident that the emissions. These testing programs are central control area was installed fugitive emissions from cell rooms were discussed in detail later in this notice. between the E510 and E812 cell rooms. not at the very high levels estimated by In addition to these emissions In addition, an elevator and computer NRDC (at several tons per year (tpy) per measurements, we also collected equipment area was installed between plant), we recognized that the body of mercury emissions data from the the two original plants. The area fugitive mercury emissions data could continuous mercury monitoring system between the original E812 cells and the be improved. Therefore, as part of our installed at three mercury cell plants: E812 10-cell Expansion is fully open. reconsideration of the 2003 Mercury The Occidental facility in Delaware Each of the three cell rooms has a full Cell MACT, we collected additional City, Delaware (hereafter called length, natural draft ventilator mounted information on fugitive mercury ‘‘Occidental Delaware’’); Occidental on the roof. Fans have been installed at emissions from mercury cell chlor-alkali Alabama; and Olin Tennessee, which the cell floor level around the perimeter plants. The primary purpose of this was also a site for the EPA emissions of the E510 and E812 cell rooms to effort was to address whether the measurement tests. We also performed enhance cool air flow in key work areas. fugitive emissions from a mercury cell validation studies of the air flow In addition, high velocity fans were chlor-alkali plant are on the order of measurement systems and mercury installed near the central control area to magnitude of the historical assumption monitors at these three facilities. aid air movement in ‘‘dead zones’’ of 1,300 g/day, corresponding to 0.5 In addition, we compared created by the control area walls. There tons per year (tpy) per plant, or on the maintenance logs and mercury are no exhaust fans in any of the cell order of magnitude of the unaccounted emissions data to establish the rooms. for mercury in 2000, which would correlation, if any, between Logistical and cost considerations correspond to 3 to 5 tpy per plant, or at maintenance activities and mercury resulted in the E510 cell room being some other level. emissions using data from Occidental’s selected for the EPA test. Continuously In planning our information gathering facilities. And finally, we addressed the measuring the mercury emissions from efforts for this test program, we issue of significant sources of fugitive more than one ventilator simultaneously recognized that all of the previous mercury emissions from outside the cell was not practical, based on the limited studies were relatively short term. room from the data acquired at the EPA- availability of equipment and the Fugitive mercury emissions from a sponsored total site emissions tests at complexities related to the operation of mercury cell plant occur for numerous Occidental Alabama. a number of highly sophisticated

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33264 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

measurement devices. The small size of two rows of cells broken into four calculations utilized the same equations the E812 Expansion cell room excluded sections. The cell room took up half of and raw input data as the company data it from consideration, and the a larger building, with a wall separating systems. The second objective was to complicated flow patterns between the the cell room from the other half of the establish a confidence level for the E812 and E812 Expansion rooms would building that was used for equipment accuracy of the measured elemental have made it very difficult to account storage. The peak of the roof was over mercury concentrations. To accomplish for all the associated uncertainties using the wall separating the cell room from this, a systems assessment was only one monitor. The configuration of the other side of the building. The performed using calibration standards to the E510 cell room, the relatively ventilation for the cell room consisted of challenge the mercury analyzer with a straightforward air flow pattern, and the both induced and forced draft fans. known concentration of mercury and to structure of the ventilator (which There were 43 forced-draft fans compare the analysis results with the allowed easy access and a clear path for positioned on the side wall of the certified concentration of the calibration the beams) made it the obvious choice building pushing air towards the center standard. The goal of this assessment for the test program to optimize our of the building. There were two rows of was an evaluation of short-term ability to obtain the most reliable data. induced-draft fans on the roof of the cell operation of the elemental mercury Occidental—Muscle Shoals, Alabama. building. One row, containing 33 fans, analyzer and effectiveness of routine This test was conducted over 53 days, was directly over the center of the two maintenance and calibration activities from September 21, 2006, through rows of cells. The other row, which that may impact long-term operation of November 12, 2006, to measure total site contained 32 fans, was at the peak of the the instrument. The third objective was mercury emissions. For this study, the roof. The result was that the building to establish a confidence level ‘‘total site’’ included emissions via the was constantly under a slightly negative associated with the flow determinations. cell room ventilation system, the stacks/ pressure. Since each cell room has a unique point sources (thermal mercury recovery ventilation system, this flow b. EPA Validations of Mercury unit vent, hydrogen byproduct vent, determination validation was done Monitoring Systems in Cell Rooms of end-box ventilation vent), and any somewhat differently for each mercury Mercury Chlor-Alkali Plants fugitives that occurred outside of the monitoring system. cell room in adjacent process areas. The During the time we were planning the The following are descriptions of the measurement approach used a Vertical testing programs to estimate fugitive mercury monitoring system at each Radial Plume Mapping (VRPM) mercury emissions via an EPA- faculty and the results of the measurement configuration employing sponsored test program, the mercury corresponding validation studies. The three open-path UV–DOAS instruments cell chlor-alkali industry was final reports for the validation program for elemental mercury concentration undertaking its own long-term mercury at the two Occidental facilities can be measurements, in conjunction with emissions estimation efforts. Two found in the docket to this rule (see multipoint ground level mercury Occidental mercury cell plants docket items EPA–HQ–OAR–2002– measurements with a Lumex mercury (Delaware and Alabama) installed 0017–0057 and 0017–0058). The analyzer. The total site mercury mercury monitoring systems in their validation tests performed at Olin’s emissions were estimated using these cell rooms in 2005, and the Olin Tennessee facility are included within concentration measurements and Tennessee facility installed a mercury the emissions test report described meteorological data (e.g., wind speed, monitoring system in 2006. The plants above (see docket item number EPA– wind direction). used these systems to identify and HQ–OAR–2002–0017–0056.3). The measurement systems operated correct mercury emission episodes in Occidental—Delaware City, Delaware. on a 24 hour, 7 day per week basis for accordance with the alternative cell Validation tests were performed by EPA the 53-day campaign. The 3-beam room monitoring program of the 2003 at Occidental’s now closed facility in VRPM configuration used to estimate Mercury Cell MACT. Specifically, the Delaware the weeks of August 22, 2005, elemental mercury emissions from the facilities monitored physical and and September 9, 2005. The cell room facility was located at a fixed position chemical parameters in the cell room, at the Delaware City Plant was a and fixed orientation on site for the such as air flow and mercury rectangular building measuring 352 feet duration of the project. Calculations of concentration, that allowed the by 140 feet. The cell room consisted of mercury flux through the VRPM plane continuous estimation of the relative two independent circuits, and each were conducted only when specific data mass of mercury emissions leaving the circuit was broken into two sections, quality indicators involving wind speed, cell room. Since these plants had resulting in four quadrants. The air flow wind direction, path averaged already installed and were currently in the cell room was via natural concentration ratios and instrument running their mercury monitoring convection; there were no fans to operation were met. During the 53-day systems, we included the collection and provide either induced or forced draft emissions test program, VRPM mercury evaluation of data from these systems in air flow. During the summer months, flux values were able to be calculated our data gathering program. The overall approximately 40 percent of the sides for 23 days. Data were reported as daily goal of our validation program was to on the lengthwise span were removed to (24 hour) emission values that were provide a qualitative assessment of the improve ventilation. There were two extrapolated from rolling 20-minute mercury monitoring systems at these rows of roof ventilators. Each ventilator averages calculated every four minutes. three facilities. was in two discrete sections for a total A total of 1,170 mercury emission flux There were three specific objectives of of four sections (corresponding to the estimates were produced during the 23 the EPA validation studies. The first four quadrants of the cell room). days. The test report can be found in the objective was to verify that facility data The mercury monitoring system at the docket, item number EPA–HQ–OAR– processing and archiving were being Occidental Delaware facility was a 2002–0017–0056.5. performed correctly. This was Mercury Monitoring System Model The cell room at the now closed accomplished through comparison of MMS–16 analyzer manufactured by Occidental Alabama plant was a facility data with independently Mercury Instruments GmbH Analytical rectangular building measuring 260 feet calculated values for elemental mercury Instruments in Germany. It collects by 357 feet. The cell room consisted of mass emission rates. These independent samples from 16 points and analyzes

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33265

them for elemental mercury using a monitoring system takes one sample per monitoring system has one sample point Model VM–3000 ultraviolet absorption minute, meaning that a sample is taken dedicated to continuously measuring analyzer. The mercury monitoring from each point once every 20 minutes. mercury for point sources subject to the system takes one sample per minute, We previously described the cell room 2003 Mercury Cell MACT, and one meaning that a sample is taken from at Occidental Alabama, above. point used for calibration. Each point is each point once every 16 minutes. The To estimate the flow rate from the cell sampled for one minute and the sampling sequence is established so that room, Occidental tested each fan to concentration is held and used in a sample is taken from each quadrant determine the flow rate at standard calculating the overall cell room average once every four minutes. The flow rate conditions and to correct the actual flow concentration until the point is sampled for the building is estimated using a rate based on continuous monitoring of in the next cycle. Hourly and daily convective air flow model. The inputs to temperature, pressure, and humidity. rolling averages are then calculated and this model are atmospheric and ridge The assessment of the accuracy of the stored. The flow rates for the cell rooms vent temperatures (which are Muscle Shoals facility’s flow estimation are estimated separately using a continuously monitored), intake and procedure was made with independent, convective air flow model. The inputs to discharge areas, and stack height. on-site, flow measurements at each of this model are atmospheric and ridge The validation of the Occidental the 65 fan outlets. The total flow vent temperatures (which are Delaware mercury monitoring system through all 65 fans was measured at five continuously monitored), intake and confirmed the accuracy of the data points within the fan exhaust area using discharge areas, discharge height, and collection, calculation, and archiving an anemometer. The exhaust flow from fans on/off operation. system. With regard to the data quality each fan was determined by averaging The mercury calibration accuracy of the mercury analyzer, mercury these five flow values. Total flow from results for the instrument in the E510 calibration accuracy results for the the cell room was determined by cell room were approximately 8 percent Delaware City instrument were 20 subsequently summing the flow from and 19 percent for the mid and high percent and 10 percent for the mid- and each fan during the test period. The range calibration standards, high-range calibration standards, difference between the anemometer and respectively. For the E812/812 respectively. Specifically, the analyzer fan flow model methods was slightly Expansion System, the results were reported a concentration of 8 more than 7 percent, with the exhaust approximately 5 percent and 20 percent micrograms per cubic meter (µg/m3) for fan model reporting a higher value than for the mid and high range calibration the 10 µg/m3 standard and a the anemometer validation tests. standards, respectively. Both analyzers concentration of 45 µg/m3 for the 50 The validation of the Occidental indicated higher concentrations than the µg/m3 standard. These results, along Alabama continuous mercury certified calibration standards provided with the line integrity test results, monitoring system confirmed the by the manufacturer. suggest that the high range calibration of accuracy of the data collection, Manual flow measurements were this instrument was offset in a negative calculation, and archiving system of the made in each of the cell room roof vents direction. facility. The mercury calibration using a vane anemometer. These manual A qualitative assessment of the accuracy results for the Muscle Shoals flow measurements were not compared accuracy of the Delaware City facility’s facility instruments were 4.0 percent directly with flow rates estimate by approach to flow estimation was made and 0.2 percent, for the mid- and high- Olin’s convective flow model. The with independent, on-site, flow range calibration standards, accuracy of the facility’s model was measurements using a vane anemometer respectively. These results indicate that assessed in a two-step process. The at the roof vents. These measurements, the Muscle Shoals mercury analyzer manual measurements for the E510 cell covering multiple sampling points, were was in good operating condition with no room were first compared with the air averaged and compared to the average apparent calibration problems at the flow measurements estimated using the air flow determined using the time of the validation test. optical anemometer in the EPA test, and convective flow model equations used Olin—Charleston, Tennessee. then compared with the estimates from to estimate the flow. This evaluation Validation tests were performed by EPA the Olin flow model. The accuracy showed that the difference between the at the Olin Tennessee facility during the determination between the optical flow anemometer and convective flow model month of September 2006. We monitor and the manual flow methods was 29 percent, with the previously described the cell rooms at measurements was slightly lower than convective flow model reporting a the Olin Tennessee plant, above. This 10 percent. The flow rate estimated higher value than the anemometer tests. facility has two separate mercury using the Olin flow model was Occidental—Muscle Shoals, Alabama. monitoring systems: One for the E510 approximately 5 percent higher than the Validation tests were performed by EPA cell room and one for the E812/E812 flow rate measured by the optical flow at Occidental Alabama the week of Expansion rooms. These mercury monitor over the entire testing period. September 12, 2005. The mercury monitoring systems are Mercury monitoring system at this facility was a Monitoring System Model MMS–16 c. Analyses of Cell Room Maintenance Mercury Monitoring System Model analyzers manufactured by Mercury Logs and Mercury Emissions Data MMS–16 analyzer manufactured by Instruments GmbH Analytical Occidental also provided detailed Mercury Instruments GmbH Analytical Instruments in Germany. The mercury maintenance records for the April Instruments in Germany. The elemental monitoring system collect samples from through November 2005 (Delaware) and mercury concentration is measured individual points and analyze them for August 2005 through January 2006 using a Model VM–3000 ultraviolet elemental mercury using a Model VM– (Alabama) time periods in addition to absorption analyzer. The mercury 3000 ultraviolet absorption analyzer. In their emissions data. They also provided monitoring system collects samples each of the cell rooms, there are five production data and details of ‘‘alarm from 65 points (at the inlet to each sampling points evenly spaced along the events’’ for this period, where an alarm induced draft fan) and combines them ventilators. In addition to the sample event was a situation in which the in groups of three or four to provide a points in the ventilators (five for the monitoring system recorded a mercury representative profile of the cell room in E510 system and ten for the E812/812 concentration above established action a 20 point sample array. The mercury Expansion system), each mercury levels. When such an alarm occurred,

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33266 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

Occidental personnel were dispatched The daily mercury emission rates concentration were as high as 20 to the area of the cell room where the extrapolated from these data sets ranged percent, and the differences in the elevated concentration was detected to from around 20 to 1,300 g/day per measurements for the flow rates were as identify the specific cause and to take facility. The average daily emission high as 29 percent. Such differences corrective actions. We performed an rates ranged from around 420 g/day to lead us to conclude that these systems analysis of the effect of maintenance just under 500 g/day per facility, with would not be suitable to accurately activities, alarm events, production the mean of these average values being demonstrate compliance with a numeric levels, and ambient conditions on daily slightly less than 450 g/day per facility. standard, because of the potential for fugitive mercury emission levels. While The purpose of this effort was to errors in compliance determinations we recognize that maintenance activities address whether the fugitive emissions due to uncertainties in the measurement and alarm events can result in short- from a mercury cell chlor-alkali plant techniques. However, since the goal of term spikes in emissions, our analyses are on the order of magnitude of the this effort was to assess the order of of the data did not show any correlation historical assumption of 1,300 g/day (or magnitude of fugitive mercury between daily fugitive mercury 0.5 tpy per plant) or on the order of emissions from the cell room, we emissions and these events. The only magnitude of the unaccounted for concluded that data from these systems factor that showed any correlation, mercury in 2000 (3 to 5 tpy per plant, were appropriate for that purpose since albeit weak, to daily emissions was the which equates to around 10,000 g/day). the differences were well within an ambient temperature. The report of The information we obtained shows that order of magnitude. these analyses can be found in the fugitive emissions are on the order of Our observations at these three plants docket. magnitude of the historical assumption during the validation programs resulted of 1,300 g/day. There was no evidence in recognition of the ability of the d. No Significant Fugitive Sources of obtained during any of the studies that mercury monitoring system to be used Mercury From Outside the Cell Room indicated that fugitive mercury as a work practice tool to reduce fugitive In addition to obtaining total site emissions were at levels higher than emissions in the cell room. When the emission estimates at Occidental 1,300 g/day. In addition, all of the 2003 Mercury Cell MACT was Alabama, we attempted to ascertain studies that produced these data were of promulgated, we thought that the whether fugitive sources outside of the sufficient duration to encompass all mercury monitoring system could help cell room were contributors of types of maintenance activities, identify problems before significant measurable emissions by performing a including the major ‘‘invasive’’ emission events occurred. However, at material balance on the contributors to procedures that were not conducted that time no mercury cell plant in the the total site emissions and solving for during the earlier test at the Olin United States had installed such the outside fugitive component. Georgia facility. The length of these technology so there was no opportunity studies was also sufficient to include to assess their effectiveness. Now, with The ‘‘total site’’ mercury emissions for emissions from a variety of process data from the three plants described this study included emissions via the upsets, such as: Liquid mercury spills, above, we can conclusively say that the cell room ventilation system, the stacks/ leaking cells, and other process mercury monitoring systems aid in the point sources (thermal mercury recovery equipment, and other process upsets identification and correction of fugitive unit vent, hydrogen by-product vent, (see docket items EPA–HQ–OAR–2002– emission problems and help plants end-box ventilation vent), and any 0017–0021 and 0017–0029). refine their standard operating fugitives that occurred outside of the The results of the almost one million procedures and work practices to cell room in adjacent process areas. dollar study of fugitive emissions from further reduce emissions. Therefore, we From a material balance analysis of mercury cell chlor-alkali plants believe that the use of such systems as these data, we concluded that fugitive sponsored by EPA enables us to a tool to determine the effectiveness of sources outside the cell room do not conclude that the levels of fugitive work practices has been demonstrated. contribute measurable mercury emissions for mercury chlor-alkali We estimate that the cost of installing a emissions when compared to fugitive plants are much closer to the assumed system in a cell room is about $120,000, emissions from the cell room (see emissions in the part 61 Mercury which equates to a total annual cost docket items EPA–HQ–OAR–2002– NESHAP, of 1,300 g/day/plant (around (including annualized capital cost and 0017–0056.5 and 0017–0056.6). 0.5 tons/yr/plant) than the levels operation and maintenance costs) of e. New EPA Fugitive Mercury Emission assumed by NRDC (3 to 5 tons/yr/plant). slightly over $25,000 per year. We Estimates for Cell Rooms The results of this study suggest that the believe that in the long term these emissions are routinely less than half of systems will result in continued We used eight separate fugitive the 1,300 g/day level, with overall decreases in fugitive mercury emissions mercury emission data sets from three fugitive emissions from the five as plants will be able to identify different mercury cell chlor-alkali plants operating facilities estimated at less emission-reducing improvements in in 2005 and 2006 to produce a new than 1 ton per year of mercury. their processes and practices. Therefore, estimate of fugitive mercury emissions we are proposing to require all mercury f. Conclusions on the Use of Mercury from cell rooms. The time periods of cell chlor-alkali plants to install cell Monitoring Systems as a Work Practice data collection range from 6 weeks to room mercury monitoring systems and Tool over 30 weeks, all of which provided an to develop a cell room monitoring plan. opportunity to include a complete range In the data we obtained or examined, of maintenance activities and operating we saw discrepancies between the g. Estimate of the Efficiency of the Cell conditions. Two of the data sets were measured concentrations and the Room Monitoring Program To Reduce generated via EPA-sponsored test calibrated standards, and differences Fugitive Emissions programs and the others were collected between the flow rates estimated by the In the 2003 Mercury Cell MACT, we from cell room mercury monitoring cell room systems and those estimated noted our inability at that time to systems that were validated by EPA. by anemometers (manual or optical), as quantify the emission effects of adopting Summaries of the data sets can be found summarized above. The differences for the cell room work practices, a point in the docket. the measurement of the mercury also noted by NRDC in its petition for

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33267

reconsideration. However, we are now The EPA emissions testing and data number are the uncertainties in the able to better estimate the emissions gathering efforts discussed above did various measurement techniques used reductions achieved by the cell room not independently resolve the to develop the inventory. While the monitoring program and work practices unaccounted mercury issue. However, affected industry must continue to strive for these amendments using the results since promulgation of the 2003 Mercury to account for every pound of mercury of the test programs and other Cell MACT, the level of mercury that is that enters their processes, the degree of information gathering efforts, as unaccounted for by the industry has uncertainty regarding the unaccounted described above. diminished drastically. The industry mercury has been substantially reduced We estimated that baseline mercury reported a total of 7 tons of unaccounted since the time of promulgation of the emissions prior to the 2003 Mercury for mercury in 2004, and 3 tons in 2003 Mercury Cell MACT. Cell MACT were 1,300 g/day per facility a 2005, with the estimate for 2006 even 3. Emission Limitation for Cell Room (68 FR 70923). This equated to lower. nationwide pre-MACT baseline fugitive This reduction in the unaccounted Two of the issues raised by NRDC in emissions of 4.7 tpy. The test program mercury is likely due to increased its petition for reconsideration are data suggest that on average, the fugitive efforts by the affected industry to related to their objection that the 2003 mercury emissions from a single facility inventory and track mercury in their Mercury Cell MACT did not include a are approximately 450 g/day, which plants, rather than to large reductions in numeric emission standard for fugitive equates to nationwide emissions of 0.9 mercury being released to the air, water, emissions from the cell room. First, tpy. Therefore, we estimate that the or in wastes. During our visits to NRDC states that EPA failed to combination of the work practices mercury cell plants since promulgation adequately justify that a numeric promulgated in the 2003 Mercury Cell of the 2003 Mercury Cell MACT, we emission limitation was not feasible per MACT combined with cell room have developed a fuller understanding the criteria prescribed in section 112(h) monitoring reduces fugitive mercury of the components of a plant-wide of the Clean Air Act (CAA). These emissions from a single facility by over mercury balance. criteria govern EPA’s decisions to 65 percent from the pre-MACT levels. One of the most significant require a work practice standard (or a On a nationwide basis, we estimate that improvements in estimating this balance design, equipment, or operational fugitive mercury emissions have been has been in the estimation of the standard) in lieu of a numerical reduced by approximately 86 percent, amount of mercury in the cells. Most standard under section 112. The CAA including plant closures. plants now utilize a radioactive tracer section 112(h)(1) provides that the EPA The point source emissions (from method to estimate the mercury can prescribe, consistent with sections hydrogen vents, end-box ventilation inventory in the cells. Previously, some 112(d) or (f), a work practice if in the systems, and mercury recovery units) plants did not use scientific methods to judgment of the Administrator it is not from the five mercury cell plants conduct an inventory of the mercury in feasible to prescribe or enforce an expected to be in operation after these the cells. The radioactive tracer method emission standard. The CAA section amendments are finalized are around is accurate to around 1 percent. So, for 112(h)(2) then defines the phrase ‘‘not 0.4 tons/yr total. Therefore, our estimate a mercury cell plant that has about 300 feasible to prescribe or enforce an of the nationwide total mercury tons of mercury in the cells, this error emission standard’’ to mean either ‘‘(A) emissions from all emission sources could cause the mercury balance to be a hazardous air pollutant or pollutants (point and fugitive) at these plants is inaccurate by about 3 tons. For plants cannot be emitted through a conveyance around 1.3 tons/yr. that did not conduct a scientific designed and constructed to emit or capture such pollutant, or that any 2. Elimination of Uncertainty Regarding inventory, their errors could result in requirement for, or use of, such a the ‘‘Missing’’ Mercury significantly greater variability in the mercury inventory estimates for the conveyance would be inconsistent with Mercury is not consumed in the any Federal, State or local law, or (B) mercury cell chlor-alkali plant process. mercury cells. If each of 10 plants had only factors of two errors in the the application of measurement Therefore, in theory, the amount of methodology to a particular class of mercury that is added to the process accuracy of their mercury cell measurements, the effect could be 60 or sources is not practicable due to should be equal to the amount of technological and economic more tons of unaccounted mercury for mercury that leaves the process in either limitations.’’ NRDC argued that EPA did air, water, or waste pathways. In other the cells alone. Another area where significant not provide sufficient rationale that a words, the mercury going into the improvement in the mercury balances numeric limit for the cell room is system should approximately equal the has occurred is in estimating the infeasible in order to support a work mercury leaving the system, where the amount of liquid mercury present in practice standard in lieu of a numeric ‘‘system’’ is the entire plant. pipes and other process equipment. As standard. Rather, NRDC referred to the Historically, the industry has had a plants perform maintenance on process EPA test program at Olin’s Georgia plant difficult time closing this mercury in 2000 as evidence that the technology equipment, they have measured the balance, as the amount of mercury is available to monitor the cell room. amount of mercury recovered and have added has exceeded the amount Second, NRDC states that EPA illegally developed accumulation factors that are measured in the wastes, wastewater, eliminated the 2,300 g/day limit on now incorporated into the mercury products, and air leaving the plant. This plant-wide mercury emissions that balances procedures. difference has been referred to as the The 3 tons of unaccounted mercury existed under the part 61 Mercury ‘‘missing’’ or unaccounted mercury. The reported in 2005 for the eight plants NESHAP. Both of NRDC’s objections regard the primary basis for NRDC’s estimates of then in operation is, on average, 2003 Mercury Cell MACT’s addressing fugitive mercury emissions from approximately 750 pounds (lb) per of emissions from the cell rooms only mercury cell chlor-alkali plants was the plant. Significantly contributing to this 65 tons of mercury that could not be through maintenance activities. NRDC fully accounted for by the industry at a ‘‘NINTH ANNUAL REPORT TO EPA for the noted in their petition that while EPA that time in their plant-wide inventories Year 2005, May 15, 2006.’’ http://www.epa.gov/ stated that we expected these (in 2000). region5/air/mercury/9thcl2report.pdf. maintenance activities would minimize

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33268 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

mercury emissions, we did not quantify standards that use similar work practice work practices instead of numeric the effect adopting these practices programs to address equipment leaks emission limits was based on factors would have on the emissions. include the Gasoline Distribution MACT associated with the practicality and In setting the work practice standards (40 CFR part 63, subpart R) 59 FR at feasibility of setting a limit against in the form of maintenance activities in 5868 (February 8, 1994); the Generic which compliance realistically can be the 2003 Mercury Cell MACT, we MACT which covers numerous source measured and enforced. EPA cited three referred to section 112(h) of the CAA to categories (40 CFR part 63, subparts TT reasons for our conclusion in the 2003 provide clarification on how EPA must and UU) 63 FR at 55197 (October 14, Mercury Cell MACT: determine the feasibility of prescribing 1998); and the Miscellaneous Coatings (1) Mercury emission monitors have not or enforcing an emission standard. MACT (40 CFR part 63, subpart been used in the past to monitor fugitive NRDC claims that EPA failed to provide HHHHH) 67 FR at 16168 (April 4, 2002). emissions at mercury cell chlor-alkali adequate justification that any of the However, design, equipment, work facilities for compliance demonstrations; section 112(h)(2) conditions were met, practice, and operational standards are (2) Variability in the number and location and therefore that we did not validly not unique to organic HAP emissions. of exhaust vents at these facilities affects the conclude that the establishment or Other examples include the MACT for amount and potential variability of air moved enforcement of a numeric emission Hydrogen Fluoride, which is covered through the cell rooms, thus affecting limitation is infeasible. under the Generic MACT cited above calculations of fugitive mass emission rates; We continue to maintain that it is not and the Coke Ovens Pushing, and feasible to prescribe or enforce an (3) Variability of the cell room roof Quenching, and Battery Stacks MACT configurations within the industry affects the emission limitation for fugitive (40 CFR part 63, subpart CCCCC) 66 FR feasibility of using continuous mercury emissions from the cell room. We also at 35338 (July 3, 2001). monitoring systems at each facility. maintain that fugitive emissions from We do not believe that the cell room mercury cells and associated equipment building can be considered as a While NRDC did not directly refute is a clear example of the type of conveyance designed and constructed to these statements, it provided three situation to be addressed by the emit or capture mercury. The primary specific points to support its view that provisions of section 112(h). The purpose of the cell room building is not emissions from cell rooms could be various points leading to our opinion on to capture mercury emissions, but feasibly measured from a technological the feasibility of establishing an rather, to protect the process equipment perspective: (1) Although EPA emission standard, as well as our from the weather and other potentially envisioned that chlor-alkali plants could response to the claim that we damaging elements. Similarly, the install cell room mercury vapor inappropriately removed a previously primary purpose of the ventilation monitoring to comply with the 2003 existing standard, are discussed below. systems in the cell room is to remove Mercury Cell MACT, EPA did not show the heat generated in the electrolytic why this monitoring could not also a. Mercury Emissions From Mercury process, and not to remove the mercury. quantitatively measure mercury Cells and Associated Equipment Cannot As noted earlier, there are numerous emissions from the cell room for a Be Emitted Through a Conveyance sources of fugitive emission sources in standard; (2) since all of the operating Designed and Constructed To Emit or the cell room, ranging from the large plants already conduct basic monitoring Capture Mercury cells and decomposers to individual of the cell room in keeping with In its petition, NRDC discusses the valves. In order to effectively emit and Occupational Safety and Health ‘‘cell room’’ as if the room itself is the capture mercury emissions from these Administration (OSHA) standards for source of mercury emissions. This sources, separate enclosed conveyance worker exposure to mercury, EPA perception oversimplifies the actual systems would need to be designed and should also be able to require testing for situation. There are numerous potential constructed for individual potential its own standards; and (3) EPA ignored sources of fugitive mercury emissions emission sources or for groups of and failed to take advantage of a associated with mercury cells, ranging potential emission sources. Even if substantial EPA monitoring initiative at from the cells and decomposers to the construction of such enclosures was the Olin Georgia mercury cell plant, hydrogen processing system to physically possible, it would severely launched in 2000, which demonstrated hundreds of pumps, valves, and limit access to process equipment, thus that a measurement program needed to connectors in the process piping. On hindering plant personnel from support an emission limit can be average, cell rooms contain around 60 performing maintenance. This could, in feasibly applied to the cell room. mercury cells, each with a decomposer. effect, result in increased fugitive According to NRDC, the mercury vapor Fugitive mercury emissions primarily emissions. monitoring program required by the occur when the cells and the other Therefore, due to the nature of the 2003 Mercury cell MACT and the process equipment develop leaks. sources of fugitive emissions from monitoring programs conducted by EPA has a long history of mercury cells and associated mercury cell plants to comply with demonstrating that ‘‘equipment leaks’’ equipment, we conclude that these OSHA standards are proof that a in the chemical industry are justifiably emissions cannot be emitted through a numeric standard is technically feasible. regulated by design, equipment, work conveyance designed and constructed to We know that the two types of practice, and operational standards in emit or capture mercury. monitoring cited by NRDC can be used accordance with section 112(h). One of reliably to identify leaks and thereby the best examples of EPA’s regulation of b. The Application of Measurement reduce fugitive mercury emissions. The equipment leaks is the Hazardous Methodology to Fugitive Emission floor-level monitoring program of the Organic NESHAP, or HON (40 CFR part Sources From Mercury Cells and 2003 Mercury Cell MACT, which is 63, subpart H), which regulates Associated Processes in Cell Rooms for used to identify potential mercury leaks equipment leaks from the synthetic Compliance Purposes is not Practicable and other problems that could result in organic chemical manufacturing due to Technological and Economic increased fugitive mercury emissions, is industry through only work practices 57 Limitations similar to the use of Method 21 to FR at 62666 (December 31, 1992). A few In the 2003 Mercury Cell MACT, we identify leaking equipment in volatile examples of many other MACT stated that our reason for establishing organic chemical service.

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33269

Method 21 requires that a portable numeric emission standard. In the several aspects of the Olin Georgia study instrument be used to detect volatile conclusions of the test report from the that prevent us from considering the organic compound (VOC) leaks from Olin Georgia tests, it was stated that measurement methodologies used in individual sources such as pumps, ‘‘roof vent instrumentation may be a this study as methods to determine valves, etc. This instrument, often called useful tool for process monitoring in compliance, not the least of which is the a ‘‘sniffer,’’ measures the VOC some facilities to identify problems in potential adverse effect of high concentration. Concentrations above the operation of the cells that may electromagnetic field on air flow specified levels that are defined to require corrective action.’’ In the report measurement made with the current constitute a leak result in a requirement for the Olin Georgia study, it is further state-of art instrument operation. These for corrective action to repair the leak. noted that cell room conditions changed include the variability of air flow due to Though Method 21 is an extremely rapidly, which affected their emissions the bottom floor being open to the useful method for identifying leaking measurements; therefore, mercury atmosphere on three sides, and the equipment, it could not and has not ever emission data collection worked best second floor, which contains the been required to demonstrate when it was taken over a short period mercury cells and decomposers, having compliance with a numerical emission of time. It was also stated in the Olin wall panels that are open or closed standard. In fact, section 2.1 of Method Georgia report that the mercury depending on ambient conditions, with 21 specifically states ‘‘This method is concentrations in the roof vent were not the ventilation occurring via natural intended to locate and classify leaks homogeneously stratified and the convection, hence the inherent only, and is not to be used as a direct concentration of mercury was not variability. measure of mass emission rate from consistent along the length of the Cell Room Configurations of Three individual sources.’’ ventilator. Other Facilities in the Industry—Prior to The OSHA worker safety program We do not agree with NRDC that the the Olin Georgia tests, EPA and the requires plants to measure mercury success of the Olin Georgia tests can be industry’s trade organization, the concentrations in areas where workers extrapolated to the mercury chlor-alkali Chlorine Institute, worked together to could be exposed to mercury vapor. industry’s ability to quantitatively examine the facilities in the industry to According to OSHA standards, measure fugitive emissions from all be able to select a mercury cell chlor- employee exposure to airborne mercury mercury cell rooms for the purposes of alkali plant that would provide the best compounds may not exceed an 8-hour an emission standard. We provide opportunity for a testing program to be time-weighted average limit of 1 mg/10 additional information on this subject, successful. Olin’s Georgia, plant was a M3 (0.1 mg/M3). Mercury cell plants below. clear choice for this program, given the typically comply with this standard by Olin Georgia Cell Room configuration of the cell room and the periodically measuring the mercury Configuration—The Olin Georgia cell ventilation system. The cell rooms at concentration at selected points building is a single structure that is many of the other operating mercury throughout the cell room at the floor approximately 200 feet long and 100 cell plants, however, were not nearly as level. If concentrations approach the feet wide. The peak of the building is conducive to accurate measurement of exposure limit, workers are required to around 50 feet tall, and there is a single flow and concentration. wear respirators to lessen their exposure ventilator that runs the entire length of As the first example, Olin Tennessee in areas where the high concentrations the building at the peak. The building has three cell rooms adjacent to one were identified. However, these has two stories, with the bottom floor another in one cell building. At this measurements of employee exposure to open to the atmosphere on three sides. facility, the bottom floor is largely open mercury vapor do not represent the The second floor, which contains the on all sides. Two of the cell rooms are mercury concentration from the entire mercury cells and decomposers, has simple rectangular designs with an cell room and cannot be linked to wall panels that can be opened or closed enclosed space for control equipment continuous compliance with a numeric depending on ambient conditions. between them. One of these cell rooms standard. Ventilation occurs via natural has wall panels that can be removed on The EPA test at Olin’s Georgia facility convection. Therefore, in periods when three sides. The second of these cell in 2000 not only provided insights into ambient temperatures are higher and the rooms has removable panels on the monitoring techniques that could be sides are opened, the flow rate through ends, but is fully open to the third cell implemented at mercury cell plants to the building increases significantly. room on the side opposite the control help reduce fugitive emissions, it also In EPA’s Olin Georgia study, the equipment. The third cell room has helped answer some of the questions mercury concentration was measured by another industrial process sharing the regarding the magnitude of fugitive a UV–DOAS, and an optical building at one end, and has removable mercury emissions at mercury cell scintillometer (anemometer) was used to panels on two of the walls. Each of the plants. This knowledge and experience measure the air flow rate from the cell three cell rooms has a full length, were a key aspect of our conclusions room. A single beam from each of these natural draft ventilator mounted on the that a cell room monitoring program instruments was shot along the path of roof. Although the room ventilation is could be an effective means of reducing the ventilator slightly above the ‘‘throat’’ designed to allow the hot air to fugitive emissions. The success of this of the ventilator. A preliminary naturally flow out to the cool outside test program also played a large role in hypothesis might be that concentration environment (convective), fans have moving the industry forward to develop and flow measurements taken along this been installed at the cell floor level and implement cell room monitoring exit point could provide a ‘‘reasonable around the perimeter of the first two cell programs that are proving to be valuable representation’’ of the emissions from rooms to move the cool air to flow in in minimizing potential mercury the cell building. However, a and around key work areas. In addition, emission events in a manner not ‘‘reasonable representation’’ to obtain an high velocity fans were installed near previously possible. estimate of mercury emissions for the central control equipment space to However, the Olin Georgia test monitoring purposes is not equivalent to aid air movement. There is also cross- program was not used to demonstrate an ‘‘exact measurement’’ for the purpose mixing of air flow between the three cell the ability of the Olin Georgia plant, or of demonstrating compliance with a rooms. Although we used one of the cell any other facility, to comply with a numeric emission standard. There were rooms for our 2006 monitoring study,

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33270 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

described in detail above, we rejected concentration and flow rate of the Mercury NESHAP is an EPA-approved the other two rooms based on the same exhaust streams over all operating time emission test method, such as EPA analysis that we used to choose the periods to comply with an emission Method 101 (part 61, Appendix B). E510 room. The inability to accurately standard. The detailed cell room design The part 61 Mercury NESHAP estimate air flow in two of these three information and test results described contained a plant-wide mercury cell rooms would be a barrier to above for facilities in this industry emission limitation of 2,300 g/day, quantitatively estimating a flow rate and supports our conclusion in the 2003 which included a 1,000 g/day limit for in turn an emission rate for compliance Mercury Cell MACT that it is not stack sources of mercury (end-box purposes. technologically feasible to accurately ventilation system and hydrogen vents). As another example, the cell room measure the mercury emissions from However, there was no other limit building at the Pioneer mercury cell mercury cell rooms throughout the specified as such in the rule. The stack chlor-alkali plant in St. Gabriel, industry in a manner sufficient for limit at 1,000 g/day and the total facility Louisiana, has a rectangular shape, with compliance with an emission standard. limit of 2,300 g/day effectively resulted the bottom floor basically open on all Estimating Building Replacement in a 1,300 g/day default limit for fugitive sides. The roof over the upper floor Costs—While this does not relate to mercury sources from the cell room by where the mercury cells are housed is identification of the MACT floor and, as subtraction, but no such separate limit double-pitched to produce two bays, discussed below, we do not believe it is for fugitive emissions existed in the with a full-length vent along each roof practical to impose such a requirement rule. ridge that allows convective air flow out as a beyond-floor requirement, for the The part 61 Mercury NESHAP further of the cell building. In addition, there purposes of this proposed rule we required compliance tests using are induced draft fans in each bay along explored a scenario where all facilities Methods 101 and 102 for the point the narrow (end) wall of the cell room would tear down their existing cell sources. While the part 61 Mercury to pull air out of the room. Therefore, room structures and replace them with NESHAP did include testing provisions the ventilation is a combination of a design equivalent to Olin Georgia’s. for cell room ventilation systems using convection and induced draft in a We chose this facility since it was used Method 101, that rule also allowed number of directions. to provide short-term cell room mercury sources to alternatively demonstrate A third example is the ventilation for emission estimates that have been compliance with the rule by using the cell room at ERCO’s mercury cell generally accepted as a good approved design, maintenance, and chlor-alkali plant in Port Edwards, representation of the magnitude of housekeeping practices. In this case, the Wisconsin, which consists of three facility cell room emissions during the part 61 Mercury NESHAP allowed different types of vents on the cell room tests, and was cited as an example by facilities to assume that their cell room roof. Two natural convection ridge NRDC in its petition. emissions were 1,300 g/day, without ventilators are located at the two roof We estimate that the cost for such actually requiring them to demonstrate peaks of the building. Each ridge is construction efforts could be in the achievement of this level of emissions. equipped with dampers. Six exhaust range of $10 to $20 million per facility. The part 61 Mercury NESHAP applied fans are located on the cell room roof on Documentation of this analysis can be to mercury cell chlor-alkali plants for either side of the roof gutter running found in the docket. We conclude that more than 30 years. During that time, down the center of the building. The this is not an economically feasible we are not aware of a single facility that round opening for these exhaust fans is option. We also do not believe that an has demonstrated compliance with the approximately six feet in diameter. industry-wide construction effort of this rule by conducting a test of a cell room Eight rectangular natural convection type to be practical, given that we do ventilation system and showing that ventilators are also located on the roof, not expect any difference in the fugitive emissions were in fact no higher on either side of the roof gutter running emission reduction that would be than 1,300 g/day. This fact further down the center of the building, achieved by a numeric standard as supports our conclusions regarding the between the ridge ventilators and the opposed to combination of a cell room infeasibility of applying measurement exhaust fans. The windows and doors to monitoring program and work practices methodology to fugitive emissions from the cell room are opened or closed as that would be required if we the cell rooms for purposes of needed to control the temperature in the promulgated today’s proposed demonstrating compliance with a cell room. In the summertime nearly all amendments. Details of our cost numeric limit. the doors and windows are open, and in estimate can be found in the docket. Prior to the 2003 Mercury Cell MACT, the wintertime they are nearly all shut. all of the mercury cell chlor-alkali c. Part 61 Mercury NESHAP Allowed In addition, there are two adjoining industry instituted the design, Facilities to Assume Cell Room buildings with openings to the cell maintenance, and housekeeping Emissions of 1,300 g/day and did not room. practices in the part 61 Mercury From the above descriptions of cell Require Compliance with an Emission NESHAP and used the default 1,300 g/ rooms at Olin Georgia and three other Standard day emissions assumption for fugitive facilities in the industry, the single UV– With regard to the second objection mercury emissions from the cell room. DOAS and optical anemometer system raised by NRDC relating to the lack of For all practical purposes, the employed in the roof vents at the Olin a numeric standard (i.e., that EPA establishment of more detailed and Georgia plant would not be sufficient to illegally eliminated the numeric more stringent MACT-level work quantitatively measure mercury emission limit for the cellroom in the practices in the 2003 Mercury Cell emissions from this facility or any other part 61 Mercury NESHAP), NRDC stated MACT was an improvement of the cell room for compliance with a that this long-existing regulation requirements used to comply with the standard. Specifically, with the natural included a numeric emission standard part 61 Mercury NESHAP. This is drafts, numerous ridge ventilators and that applied plant wide, which included evident in the findings of our testing other discharge points from these cell the cell room. NRDC also stated in its and information gathering efforts rooms, it would not be feasible to petition that one alternative for discussed earlier, which showed cell configure a system using multiple demonstrating compliance with a room emission levels consistently lower instruments to accurately measure the standard such as that in the part 61 than 1,300 g/day. As also discussed

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33271

previously, the average fugitive We believe that the enhanced work activities when the action level for the emission rate measured during the practices and operational standards of cell room monitoring program is testing and other information gathering today’s proposed rule would be a more established. The facilities that have efforts was around 450 g/day. In 2006, reasonable and effective method in chosen to implement the cell room the average reported mercury emissions reducing fugitive mercury emissions monitoring program have continued to from point sources averaged around 200 than inaccurate attempts to meet a perform the housekeeping activities. g/day, meaning that the overall plant numeric emissions limit. The 60 percent Since we know that there is benefit to average emission rate is on the order of reduction in mercury emissions doing both the monitoring and the work around 650 g/day. A 2,300 g/day obtained by comparing the assumed part practices, we are proposing to amend emission limit would not be 61 Mercury NESHAP emission levels for the 2003 Mercury Cell MACT to require representative of the average fugitive the cell rooms to the measured post- both a cell room monitoring program emissions level achieved by the best 2003 Mercury Cell MACT emissions and work practice standards. This performing sources. In fact, a 2,300 g/ levels, as noted above, have shown that should remove the basis for NRDC’s day limit represents a level of emissions work practices alone are effective. The objection to the 2003 Mercury Cell that is likely three or four times as high work practices that would be required MACT having made the work practice as the average emissions of the worst in today’s proposed amendments would requirements optional. Because it is our performing source. Accordingly, in our allow sources to spend their time and intention that the primary focus of the view the combination of the point efforts identifying and correcting facility should be towards finding and source limits and work practice problems rather than attempting to correcting leaks quickly, which directly requirements in the 2003 Mercury Cell perform testing to determine results in emission reductions, and we MACT is more stringent than the 2,300 compliance with an emissions limit believe the level of recordkeeping for g/day emission limitation in the part 61 which would not provide representative the routine work practices in the 2003 Mercury NESHAP. Further, we believe data. The detailed documentation of the Mercury Cell MACT detracts from the the amendments proposed today further work practices during the setting of the work practice efforts, we are reducing strengthen the fugitive emissions action level we are proposing in today’s the burden of paperwork for the work reduction program beyond both the part rule would also ensure that the lowest practices, except during the setting of 61 NESHAP and the 2003 Mercury Cell emissions levels are maintained through the action level. Therefore, the MACT. the year. For these reasons, the amendments proposed today would effectiveness of today’s proposed d. Conclusion Regarding the Lack of reduce the day-to-day recordkeeping amendments is not compromised by the Emission Limitation for Cell Room provisions associated with the work absence of a numeric emission limit for practices and would instead include a In conclusion, consistent with CAA fugitive emissions from the cell room. requirement for weekly ‘‘checklists’’ section 112(h), we believe that we have certifying that the work practices are established in the discussions above 4. Combining the Monitoring Program being performed. that it is not feasible to prescribe or with Work Practices enforce an emission standard in this Section 63.8192 of the 2003 Mercury The proposed amendments would case. There are two independent bases Cell MACT, ‘‘What work practices add the requirements for detailed for this conclusion. First, consistent standards must I meet?’’, allows records of work practices during the with CAA section 112(h)(2)(A), we have facilities to institute a cell room semi-annual period of 14 to 30 days concluded that fugitive mercury monitoring program to continuously when the action level is established. emissions from a mercury cell chlor- monitor the mercury vapor Because we are proposing to require alkali plant cannot be emitted through concentration in the upper portion of both work practice measures and a cell a conveyance designed and constructed each cell room as an alternative to work room monitoring program, we believe to emit or capture such pollutant. practice standards. One of the objections that a reduction in day-to-day Second, consistent with CAA section raised by NRDC was that this provision recordkeeping will not diminish the 112(h)(2)(B), we have established that backtracked from the Agency’s proposed effectiveness of the cell room fugitive the application of measurement work practice standards. NRDC pointed emission reduction program. technology to mercury cell rooms is not out that in the 2003 Mercury Cell As part of the proposed amendments, practicable due to technological and MACT, EPA concluded that the we would eliminate the floor-level economic limitations. Finally, we housekeeping activities that facilities in monitoring program required in the believe that the plant-wide emission the industry follow to comply with the 2003 Mercury Cell MACT for facilities limit from the part 61 Mercury NESHAP part 61 mercury NESHAP represented that chose the work practice option was a standard to which no mercury cell the MACT floor and that requiring since it would be redundant and a less facility had ever demonstrated practices based upon the most detailed effective alternative to the cell room compliance by way of emissions testing, activities in the industry (i.e., ‘‘beyond- monitoring program. The cell room is not an enforceable standard today, the-floor’’ practices) was justified. But monitoring program accomplishes the and, more importantly, does not reflect NRDC was concerned because the work same purpose, except that it requires the MACT level of emissions control practices in the 2003 Mercury Cell continuous monitoring of the mercury required under CAA section MACT were optional if facilities chose concentration. In addition to its 112(d)(3)(B). Therefore, we did not to do continuous monitoring and, continuous nature, the monitoring is unlawfully remove any actual therefore, this option would allow also required to be conducted in the requirement of the part 61 Mercury sources to avoid conducting activities upper portion of the cell room building. NESHAP. Instead, the 2003 Mercury that represent the MACT floor. NRDC The floor-level program primarily Cell MACT adopted a set of MACT-level argued that this was a violation of identifies only leaking equipment at the work practice requirements under section 112(d)(3) of the CAA, which floor level. By monitoring all the section 112(h) that are more stringent in requires all facilities to meet the MACT process equipment, the cell room terms of controlling fugitive mercury floor. monitoring program would detect emissions than was allowed in the part We believe that facilities should elevated concentrations from any 61 NESHAP. continue to perform housekeeping equipment in the cell room.

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33272 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

5. Other Monitoring Amendments of action level determinations and the limits at this level are more than In addition to proposing to require all work practice documentation, we are sufficient to determine compliance with facilities to develop and implement a reducing the minimum amount of time the emission limitations in the 2003 cell room monitoring program, we are that plants must collect data to 14 days, Mercury Cell MACT. Therefore, we are proposing to amend some of the although time periods up to 30 days can proposing to revise this paragraph to requirements of the existing cell room be used. require a detector with the capability to monitoring program as well as b. Weekly Certification of Work Practice detect a mercury concentration at or correcting errors from the 2003 Mercury Inspections below 0.5 times the mercury concentration measured during the test, Cell MACT. These proposed monitoring Sources that elected to comply with µ amendments are described below. or 0.1 g/m3, whichever is greater. the work practice standards in the 2003 Averaging period for mercury recovery a. Establishment of the cell-room Mercury Cell MACT were required to unit compliance. The 2003 Mercury Cell monitoring action level keep detailed records of each MACT is inconsistent as to whether the inspection. Sources that elected to The cell-room monitoring action level rule requires a daily average or an comply with the cell room monitoring of the 2003 Mercury Cell MACT was a hourly average to determine continuous program were required to keep detailed compliance with the emissions standard concentration that set in motion a series records of actions taken whenever an of required procedures to identify and for mercury recovery units found at action level is exceeded. We believe that § 63.8190(a)(3) of § 63.8190 ‘‘What correct problems that could result in if sources are required to comply with increased fugitive mercury emissions. emission limitations must I meet?’’. both the work practice provisions and Paragraph (b) of § 63.8243, ‘‘What To establish the action level, the 2003 the cell room monitoring program Mercury Cell MACT required that the equations and procedures must I use to provisions, these levels of demonstrate continuous compliance?’’, owner or operator collect cell room recordkeeping are not necessary. concentration data for the first 30 days clearly indicates that this averaging Therefore, we are proposing to eliminate period is daily: ‘‘You must calculate the following the compliance date and the requirements for detailed records establish an action level at the 75th daily average mercury concentration associated with the work practice using Equation 2 * * *’’ However, percentile of the data. As mercury cell inspections and instead we are chlor-alkali plants installed and began paragraph (b) of § 63.8246, ‘‘How do I proposing to require a weekly demonstrate continuous compliance to operate these continuous mercury certification that all the required work monitoring systems, we became aware with the emission limitations and work practices are being conducted. We practice standards?’’, states that for each of several aspects of these provisions believe that it is still important that the that could be improved. First, we mercury thermal recovery unit vent, facilities keep records of instances ‘‘you must demonstrate continuous believe that the 75th percentile is not where elevated mercury concentrations the appropriate level for the action compliance with the applicable are measured, along with records of the emission limit specified in level. When the action level is associated causes and corrective actions. exceeded, the 2003 Mercury Cell MACT § 63.8190(a)(3) by maintaining the outlet Therefore, we are proposing to maintain mercury hourly-average concentration required that owners and operators take the detailed recordkeeping requirements significant actions to identify and no higher than the applicable limit.’’ during the 14 to 30 days of setting the It was our intention for compliance to correct the situation causing the action level of the cell room monitors. increased mercury concentration. be based on a daily average, as detailed Establishing the level at the 75th c. Miscellaneous Measurement below, and the inclusion of ‘‘hourly’’ in percentile resulted in the action level Amendments paragraph (b) of § 63.8246, ‘‘How do I being exceeded approximately 25 Detection limit for mercury emission demonstrate continuous compliance percent of the time. We would prefer monitor analyzers. Paragraph (a)(2) of with the emission limitations and work that plant resources be expended when § 63.8242, ‘‘What are the installation, practice standards?’’, was a drafting there is a real problem that can impact operation, and maintenance error. Therefore, we are proposing to mercury emissions (e.g., a leak in requirements for my continuous correct this error by replacing ‘‘hourly’’ hydrogen piping, a seal failure on a monitoring systems?,’’ requires that in § 63.8246(b) with ‘‘daily.’’ In the decomposer, etc.), rather than to mercury continuous emission monitor proposal Federal Register notice for the constantly investigate and document analyzers have a detector with the 2003 Mercury Cell MACT (67 FR 44678, action level exceedences caused by capability to detect a mercury July 3, 2002), we clearly stated our normal process variations. Therefore, concentration at or below 0.5 times the intention when we summarized the we are proposing that the action level be mercury concentration level measured requirements as follows: established at the 90th percentile of the during the performance test. Since ‘‘To continuously comply with the data set. Since this level would be promulgation of the 2003 Mercury Cell emission limit for each by-product hydrogen established during the performance and MACT, we determined that setting the stream, end-box ventilation system vent, and analyzer detection capability in mercury thermal recovery unit, we are documentation of the work practices, proposing that each owner and operator we believe that an action level at 90 reference to the concentration level would continuously monitor outlet elemental percent would be sufficient to ensure during the performance test could be mercury concentration and compare the daily proper equipment operation. problematic. We realized that a average results with a mercury concentration We also have come to realize that concentration of 0.5 times the mercury operating limit for the vent * * * .’’ ambient conditions (temperature, concentration could, in cases of low ‘‘Continuous compliance would be humidity, etc.), and the seasonal mercury concentrations, be infeasible demonstrated by collecting outlet elemental reconfiguration of the cell rooms can for the monitoring devices on the mercury concentration data using a have a significant impact on the cell market. Information available to us at continuous mercury vapor monitor, µ calculating daily averages, and documenting room concentration. Therefore, we are this time shows that 0.1 g/m3 is the that the calculated daily average values are proposing that the facilities re-establish detection limit of commonly no higher than established operating limits. their action level at least once every six commercially available analyzers. We Each daily average vent elemental mercury months. Due to the increased frequency believe that analyzers with detection concentration greater than the established

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33273

operating limit would be considered a control device applicability, or associated equipment, and final deviation. opportunities for pollution prevention products); emission characteristics exist within the source category. This (amount and type of HAP); control 6. Creation of the Mercury Cell Chlor- policy is supported by section 112(d)(1), device applicability; and opportunities Alkali Subcategory the legislative history, our prior for pollution prevention.’’ 64 FR 56493, As stated in the preamble to the final rulemakings, and judicial precedent. 56494 (Oct. 20, 1999). These factors EPA’s broad authority to establish 2003 Mercury Cell MACT (68 FR relate to the appropriate application and categories and subcategories of industry 70905), we divided the chlorine achievement of emission standards. sources is firmly established, and has When EPA has declined to establish production source category into two been recognized as entitled to subcategories for CAA section 112 subcategories: (1) Mercury cell chlor- substantial deference by the U.S. Court standards, we have done so because alkali plants and (2) chlorine production of Appeals for the D.C. Circuit and by subcategorization would not affect the plants that do not rely upon mercury the U.S. Supreme Court. See, e.g., Davis achievability of the standards, due to a cells for chlorine production. In County Solid Waste Mgmt v. EPA, 101 lack of differences, for example, December 2003 (68 FR 70949), we F.3d 1395, 1405 (DC Cir. 1996) (EPA has between sources’ sizes or designs. (See, issued our final decision to delete the ‘‘substantial discretion to create for example, 64 FR 52828, 52859 in subcategory of the chlorine production categories of sources for which regard to declining to subcategorize source category for chlorine production standards must be promulgated’’); see hazardous waste incinerators because it plants that do not utilize mercury cells also Lignite Energy Council v. EPA, 198 would not result in standards that are to produce chlorine and caustic. This F.3d 930, 933 (DC Cir. 1999) (upholding more achievable.) On the other hand, action was made under our authority in EPA’s refusal to subdivide a category where differences in design and CAA section 112(c)(9)(B)(ii), and was and noting that the Court was operation between types of sources in a not challenged in a petition for judicial ‘‘[m]indful of the high degree of category clearly do affect the review. Nor did anyone ask us to deference we must show to EPA’s achievability of standards, EPA has reconsider that action pursuant to CAA scientific judgment’’ on this question); reasonably subcategorized. As the DC section 307(d)(7)(B). The objection Chemical Mfrs. Ass’n v. EPA, 470 U.S. Cir. has observed, ‘‘one legitimate basis raised by NRDC in its petition for 116, 131 (1985) (‘‘the means used by for creating additional subcategories reconsideration of the 2003 Mercury EPA to define subcategories’’ under the must be the interest in keeping the Cell MACT was that by subcategorizing Clean Water Act ‘‘are particularly relation between ‘achieved’ and mercury cell chlor-alkali plants, the persuasive cases for deference to the ‘achievable’ in accord with common worst industry performers are insulated Agency’s interpretation’’). sense and the reasonable meaning of the from controls that could otherwise be Under CAA section 112, that statute.’’ Sierra Club v. EPA, 479 F.3d driven by sources with no mercury authority is subject only to the 875, 885 (DC Cir. 2007)(Williams, emissions at all (i.e., the non-mercury consideration that, ‘‘to the greatest concurring)(remanding and vacating chlorine producers), resulting in extent practicable,’’ categories and NESHAP for brick and ceramic kilns on standards inconsistent with what NRDC subcategories be established ‘‘consistent other grounds). believes is the MACT floor. According with’’ the source categories that EPA One example of EPA’s reasonable to NRDC, if the MACT floor for mercury had established under other CAA subcategorization that presented issues emissions was determined for the programs (i.e., CAA section 111’s ‘‘new very similar to those raised in the chlorine production source category as source performance standards’’ (NSPS) chlorine production industry was in the a whole, the best-performing 12 percent and the ‘‘prevention of significant NESHAP for primary copper smelters, of sources in the category would be deterioration’’ (PSD) program). 42 U.S.C. 67 FR 40478 (June 12, 2002). There, the mercury-free. NRDC stated that well 7412(c)(1). Having identified these existing source MACT determination over half of the chlorine production general touchstones, however, Congress focused only on the emissions levels industry as a whole uses either stated that ‘‘Nothing in the preceding achieved by primary copper smelters membrane or diaphragm cell sentence limits the Administrator’s using the relatively older batch copper technology. Therefore, NRDC asserted authority to establish subcategories converter process, while the more state that EPA is compelled by section under this section, as appropriate.’’ 42 of the art continuous flash converter 112(d)(3)(A) of the CAA to require U.S.C. 7412(c)(1). Further, CAA section process, due to its unique design and sources to convert to a non-mercury 112(d)(1) provides that EPA ‘‘may operation, achieved significantly more process as MACT. distinguish among classes, types, and stringent levels, especially in terms of We have a long history of using sizes of sources within a category or controlling process fugitive emissions. subcategorization to appropriately subcategory.’’ 42 U.S.C. 7412(d)(1). The 67 FR at 40488. Commenters argued that differentiate between types of emissions legislative history confirms Congress’ EPA should have included the flash and/or types of operations when intent to give EPA broad discretion, converter smelters in the existing source analyzing whether air pollution control noting that the CAA ‘‘provides MACT analysis, but we concluded that technology is feasible for groups of discretionary authority to the batch converters and continuous flash sources. As we stated in the preamble to Administrator to list categories or converters were so distinct that it was the Initial List of Categories of Sources subcategories under section 112(c),’’ and necessary to place them in separate under section 112(c)(1) of the CAA that ‘‘it is vital to utilize subcategories and to apply the rule’s Amendments of 1990, we have the subcategorization to prevent the cost- requirements only to the batch converter authority to distinguish among classes, ineffective application of * * * smelters. 67 FR at 40489. However, we types, and sizes of sources in MACT.’’ Statement of Rep. Bliley, Oct. did identify the continuous flash establishing emission standards (57 FR 26, 1990, 1 Legis. Hist. at 1225–26. converter smelter as the ‘‘best controlled 31576, July 16, 1992). Subcategories, or Traditionally, EPA has established similar source,’’ and thereby required subsets of similar emission sources CAA section 112 subcategories for that level of performance as new source within a source category, may be regulation based upon ‘‘factors such as MACT and prohibited construction of defined if technical differences in process operations (type of process, raw new batch converter smelters. 67 FR at emissions characteristics, processes, materials, chemistry/formulation data, 40489. While this issue was not

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33274 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

challenged in the subsequent litigation In diaphragm cells, a diaphragm cell process as either a control device of the rule, it should be noted that the separates the electrolytic cell into an application or a pollution prevention Court was fully aware of EPA’s anode compartment and a cathode procedure for this industry. In differentiation and remarked upon it compartment. Chlorine is formed in the conclusion, we continue to maintain without criticism. Sierra Club v. EPA, anode compartment, and hydrogen and that non-mercury chlor-alkali chlorine 353 F.3d 976, 981 (DC Cir. 2004) (‘‘The sodium (potassium) hydroxide are production processes are separate rulemaking only concerned those produced in the cathode compartment. processes from mercury cell chlor-alkali primary copper smelters that use ‘batch Membrane cells have the same basic chlorine production and, specifically, copper converters’’’). We maintain that design, except that the compartments are not methods of controlling mercury the creation of the mercury cell chlor- are separated by a membrane instead of emissions. alkali chlorine production subcategory a diaphragm. The primary difference is 7. Consideration of Non-Mercury Chlor- was warranted, was consistent with our that the membrane only allows Alkali Technology as a Beyond-The- prior practice (and, in particular, with migration of sodium ions from the Floor Control Requirement the differentiated approach we took for anode compartment to the cathode primary copper smelters), and add the compartment, which results in a purer Section 112(d)(3) of the Clean Air Act following in support of our conclusion. raw hydroxide product. While cell establishes the minimum requirements With regard to differences in emission models differ, typical diaphragm cells (i.e., the ‘‘floor’’) for MACT rules. characteristics, the HAP emitted by are around 10 feet wide and 8 feet long. Section 112(d)(2) requires us to consider mercury cell chlor-alkali processes and Membrane cells are of comparable size alternatives that are more stringent than non-mercury cell chlor alkali processes to diaphragm cells. the MACT floor (i.e., ‘‘beyond-the-floor’’ are different, due to the fundamental Mercury cells are considerably options). In beyond-the-floor controls, differences in production processes and different from diaphragm and we are required to consider the impacts materials used at the two types of membrane cells. First, the reaction that might result from imposing such plants. While chlorine and hydrogen occurs in two distinct operations in two controls, including cost, non-air quality chloride are emitted by all chlor-alkali separate vessels. The electrolytic cell, health and environmental impacts, and processes, mercury emissions are which is typically around 50 feet long energy requirements. In developing the unique to the mercury cell subcategory. and 5 feet wide, produces chlorine gas. 2003 Mercury Cell MACT, we There are no mercury emissions from A separate decomposer, which is considered beyond-the-floor alternatives chlor-alkali plants that utilize typically a cylindrical vessel around 5 for every emission source. In fact, each electrolytic cells other than mercury feet tall and 3 feet in diameter, produces numerical emission limit for point cells, simply because those plants do hydrogen gas and sodium (or potassium) sources, along with the work practices not use or depend upon mercury as a hydroxide. The cell and decomposer are for fugitive sources, represents a material in their production processes. linked at the two ends by an inlet beyond-the-floor level of control. In Therefore, it is not realistic to think of endbox and an outlet endbox. addition, mercury emissions from new those plants as ‘‘controlling’’ mercury While the basic products are the same mercury cell chlor-alkali production emissions levels, or of having any level between mercury cell and non-mercury facilities were prohibited, as we of performance in ‘‘limiting’’ mercury cell processes, there are distinct identified as the ‘‘best controlled similar emissions. It would likewise be differences in the quality of the source’’ a non-mercury chlorine unrealistic to base a MACT level of products produced. The products from production facility, even though such a mercury emissions performance on such mercury cell processes include a source is not in the same subcategory as sources, where no mercury emissions at concentrated (50 percent) hydroxide existing mercury cell chlor-alkali all are even possible and no actual and very pure hydrogen and chlorine. In facilities. This approach is similar to control measures are, in fact, taken to contrast, diaphragm cells produce very how we differentiated between batch limit mercury emissions. Rather, within low concentration and impure converter primary copper smelters the chlorine production source category, hydroxide solutions that require (which comprised the existing source these plants represent a different expensive multi-stage evaporators to subcategory) and continuous flash process type, which does not provide strengthen the solution, and the converter smelters (which were not in information to assess the best levels of chlorine produced in membrane cells the regulated subcategory, but drove the emissions control performance at source typically has a high oxygen content. new source floor) in the primary copper types where mercury emissions in fact Therefore, we believe that there are smelters MACT rulemaking, discussed occur. significant differences in mercury cell above. See 67 FR 40478, 40488–89 (June Second, while chlorine and caustic and non-mercury cell processes. While 12, 2002). are produced in all chlor-alkali there may be common aspects of In its petition NRDC argued that the processes via an electrolytic reaction, auxiliary processes (e.g., chlorine 2003 Mercury Cell MACT does nothing the processes are significantly different, liquefaction), the most basic aspect of to limit the use of mercury cell apart from the basic difference in one chlor-alkali facilities (i.e., the technology by existing chlor-alkali subcategory using mercury and the electrolytic cells that produce the plants, and that the Agency ignored a other not using it. In addition, there are chlorine, hydrogen, and caustic) are known technique for reducing mercury differences in the products, particularly dissimilar. emissions from this industry, namely, the caustic products. The basic reaction Finally, a comparison of mercury conversion to non-mercury processes. that occurs in any chlor-alkali process is controls or pollution prevention According to NRDC, requiring the the electrolysis of brine, which contains opportunities between mercury cell industry to convert to a non-mercury sodium (or potassium) chloride in processes and non-mercury cell process is cost-justified and would water, to form chlorine, hydrogen, and processes is not possible since the non- provide significant non-air quality sodium (or potassium) hydroxide. mercury cell processes do not emit any benefits. In support of its argument, However, the manner in which this mercury. We do not believe that it NRDC pointed to EPA’s determination reaction occurs and associated would be reasonable to impose the at proposal that a cost effectiveness of equipment (i.e., the ‘‘cells’’) is vastly multi-million dollar conversion of a $9,000 per pound was warranted for the different. mercury cell process to a non-mercury beyond-the-floor control level for

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33275

control of mercury from by-product While we are not proposing to require monitoring equipment and to develop hydrogen streams without end-box mercury cell chlor-alkali plants to the various aspects of the program. ventilation systems. NRDC provided an convert to mercury-free technology, we (7) Correct Compliance Errors—We analysis that indicated the cost encourage owners and operators of the are also proposing two changes to effectiveness associated with conversion remaining mercury chlor-alkali plants to correct errors and to improve the of existing mercury cell plants to non- continue to explore this option. We also compliance provisions of the rule, as mercury technology ranged from $6,700 applaud those companies that have follows: to $13,400 per pound. NRDC noted that decided to convert their mercury cell (a) The detection limit for mercury the $9,000 per pound cost effectiveness, plants processes to membrane cells continuous emission monitor analyzers determined by the Agency to be voluntarily. would be changed to a capability to warranted for by-product hydrogen detect a mercury concentration at or streams without end-box ventilation B. What amendments are EPA proposing? below 0.5 times the mercury systems was within this range concentration measured during the test, calculated for conversion to nonmercury The proposed rule amendments or 0.1 µg/m3, whichever is greater; and technology. resulting from our reconsideration (b) The frequency of determining In response to NRDC’s concerns that efforts, as per the rationale discussed in continuous compliance with the we did not evaluate the conversion of detail above in section III.A, are as emissions standard for mercury mercury cell chlor-alkali production follows: recovery units would be changed to a plants to non-mercury technology, we (1) Daily Work Practices—These daily average, as in paragraph (a)(3) of performed an analysis to determine the would be required for all facilities with § 63.8190, ‘‘What emission limitations capital and annual costs of this action. weekly certification of the performance must I meet?’’, from an incorrect hourly In performing the analysis, we used of these work practices; average as in found at paragraph (b) of information from all readily available (2) Mercury Monitoring—This would § 63.8246, ‘‘How do I demonstrate sources of information. A memorandum be required for all facilities, with the continuous compliance with the outlining this analysis, along with compliance periods for implementing emission limitations and work practice copies of all materials used, can be this requirement, as described below, standards?’’, in the 2003 Mercury Cell found in the docket for this rulemaking. dependent upon whether the facility MACT. The EPA test program described currently operates such a system for above showed that the fugitive (8) Revise Work Plan Notification of compliance with the 2003 Mercury Cell Compliance Status—In conjunction emissions from the mercury cell room MACT; averaged less than 450 g/day (or 360 with these new requirements, we are (3) Documenting Work Practices— pounds per year, lb/yr) per facility. also proposing to require that all plants Detailed recordkeeping of the work Using this average figure for fugitive submit a Revised Work Plan practices would be required for the time emissions, and 2004 TRI emissions data Notification of Compliance Status report period during the semi-annual setting for point (stack) source emissions, we 60 days after their compliance date. and resetting of the action level of the estimate that the average cost This report would include certifications continuous cell room monitors; effectiveness associated with conversion that the work practices and cell room to non-mercury technology would be (4) Setting the Continuous Monitoring monitoring program are being followed. approximately $14,000 per pound, as Action Level— This would be done for The cell room monitoring plan, opposed to the $9,000 per pound used a minimum of 14 days and up to 30 including the initial action level and by NRDC as a benchmark, which is an days, at least every six months; supporting data, would also be required increase of almost 60 percent. (5) Action Level—This would be set at to be submitted in this report. In order Further, our analysis showed that the 90th percentile of the data acquired that the Revised Work Plan Notification average capital cost of conversion for during the re-setting time period(s). of Compliance Status would be one mercury cell chlor-alkali facility in (6) Compliance Period for the complete with all information related to the U.S. was approximately $68 million Amendments—All sources would be the work practice standards, we are also per plant. Nationwide, the capital cost required to continue to comply with the proposing that the wash down plan and was estimated to be nearly $340 million. 2003 Mercury Cell MACT until these the mass of virgin mercury added to the The average annualized facility costs for new compliance dates, below: cells for 2001 through 2006 be re- this conversion were estimated to be (a) For sources that had previously submitted. This Revised Work Practices approximately $7.5 million or $38 elected to comply with the cell room Notification of Compliance Status report million nationwide. This cost impact monitoring program, we are proposing a would not require any information would be approximately 11 percent of compliance date 60 days from the date related to compliance with the emission revenues. In contrast, during the the final rule amendments appear in the limitations in paragraph (a)(3) of original rulemaking the total per-facility Federal Register. This will allow § 63.8190, ‘‘What emission limitations capital costs associated with controlling facilities to plan and implement the must I meet?’’ mercury from by-product hydrogen work practice requirements and to (9) Applicability of Requirements for streams, end box ventilation systems, gather data to establish a new action Thermal Recovery Units at Closed or and mercury recovery units were level in accordance with the revised Converted Facilities—As several estimated to be $180,000, with the requirements. mercury cell chlor-alkali plants have associated annual costs approximately (b) For sources that did not opt to closed or converted to membrane cells $160,000 per year. These values were comply with the cell room monitoring since the promulgation of the 2003 estimated to be less than 0.3 percent of program in the 2003 Mercury Cell Mercury Cell MACT, the question has revenues. Therefore, we are proposing MACT, we are proposing that they will arisen whether the thermal recovery to reject conversion to non-mercury have two years from the effective date units that continue to operate in order technology as a beyond-the-floor control of the final rule amendments to comply. to assist in the clean up of the site after requirement because of the high cost We believe that this amount of time is the mercury cells have ceased to operate impact this forced conversion would necessary for these facilities to design, are subject to the emission limitations impose on the facilities in the industry. purchase, and install the necessary for thermal recovery units in § 63.8190,

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33276 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

‘‘What emission limitations must I paragraph (a); and the definitions of labor costs associated with the meet?’’ specifically paragraph (a)(3). ‘‘mercury cell chlor-alkali plant’’ and additional recordkeeping requirements In answering the question ‘‘Am I ‘‘mercury recovery facility’’ in associated with the cell room subject to this subpart?’’, paragraph § 63.8266, ‘‘What definitions apply to monitoring program would be offset by § 63.8182(a) states, ‘‘You are subject to this subpart?’’, to make this clear. the reduction in the recordkeeping and this subpart if you own or operate a Mercury recovery units that are at plants reporting that the plant is currently mercury cell chlor-alkali plant.’’ In where the mercury cells were shut doing to comply with the work practice addressing ‘‘What parts of my plant down or converted prior to the date that standards of the 2003 Mercury Cell does this subpart cover?’’, § 63.8184(a) the final rule is published would have MACT. This reduction in labor may then states: ‘‘This subpart applies to one year to comply. have the additional benefit to offset the each affected source at a plant site capital costs of the new equipment. where chlorine and caustic are C. What are the impacts of these proposed rule amendments? We do not believe that there will produced in mercury cells. This subpart initially be substantial emission applies to two types of affected sources: The proposed amendments would reductions associated with today’s The mercury cell chlor-alkali make the cell room monitoring program amendments. However, we believe that production facility, as defined in mandatory for all mercury cell chlor- as these plants continue to increase paragraph (a)(1) of this section; and the alkali plants and would potentially their knowledge of the causes of fugitive mercury recovery facility, as defined in impact all currently operating plants. mercury emissions in the cell room paragraph (a)(2) of this section.’’ b However, the level of these impacts will through operation of the cell room Therefore, if a mercury recovery unit vary depending on whether a plant monitoring program, mercury emissions is being operated at a plant site that previously elected to purchase and will continue to steadily decrease. contains both an mercury cell chlor- install a continuous mercury monitoring The lack of fugitive emissions alkali plant and an mercury recovery system in its cell room to comply with information prior to the 2003 Mercury unit, the subpart clearly applies to both the cell room monitoring program Cell MACT promulgation did not allow types of affected sources at the plant alternative of the 2003 Mercury Cell us to estimate the mercury reductions site. However, §§ 63.8182(a) and MACT. associated with MACT work practices. The only changes that plants that are 63.8184(a) suggest that for the subpart to As discussed above, we can now currently complying via the cell room apply, there must be mercury cell-based estimate that these practices reduce monitoring program alternative option production of chlorine and caustic fugitive mercury emissions around 65 would need to make would be occurring at the overall plant site. This percent from the pre-MACT levels. On associated with the implementation of is reinforced by the subpart’s later a nationwide basis, we estimate that the work practices. However, we believe definitions of ‘‘mercury cell chlor-alkali fugitive mercury emissions have been that this will not result in any plant’’ and ‘‘mercury recovery facility’’ reduced by approximately 86 percent additional impacts to these plants since located at § 63.8266, ‘‘What definitions from pre-MACT levels, including plant we believe that plants are already doing apply to this subpart?’’. This section closures. Our estimate of the nationwide the work practices although they may defines the ‘‘mercury cell chlor-alkali total mercury emissions from these plant’’ as all contiguous or adjoining not be keeping all the records associated with them. Therefore, we conclude that plants is approximately 1 ton/yr. This property that is under common control, represents a reduction of 88 percent where mercury cells are used to the net result is that there will be no appreciable impact on these plants. (At from the pre-MACT levels allowed by manufacture product chlorine, product the part 61 NESHAP, including point caustic, and by-product hydrogen and this time, all plants except one fit into this group.) We believe the burden of source and fugitive emissions, and plant where mercury may be recovered from closures. wastes. It then defines ‘‘mercury recordkeeping during setting the action recovery facility’’ as consisting of all level would be offset by the reduced IV. Statutory and Executive Order processes and associated operations recordkeeping associated with changing Reviews needed for mercury recovery from the action level from the 75 percentile to the proposed 90 percentile in these A. Executive Order 12866: Regulatory wastes at a mercury cell chlor-alkali Planning and Review plant. In other words, for a mercury amendments. For the single plant that has elected recovery unit to be subject to the rule, This action is not a ‘‘significant not to purchase, install, and operate a the rule currently reads that it must be regulatory action’’ under the terms of cell room monitoring system to comply functioning in support of an operating Executive Order 12866 (58 FR 71735, via the cell room monitoring program mercury cell chlor-alkali plant. October 3, 1993) and is therefore not alternative, there would be measurable To be consistent with EPA’s mandate subject to review under the Executive cost impacts to purchase and install and intent in the 2003 Mercury Cell Order. equipment. We estimate that the capital MACT to control mercury emissions cost of a monitoring system is about B. Paperwork Reduction Act from mercury chlor-alkali facilities, we $120,000, and that the total annual cost believe that the mercury recovery units The information collection (including annualized capital cost and in this situation should continue to requirements in this proposed rule have operation and maintenance costs) is comply with the requirements, and been submitted for approval to OMB slightly more than $25,000 per year. We therefore are proposing to amend the under the Paperwork Reduction Act, 44 believe that this value is a low applicability provisions in § 63.8182, U.S.C. 3501 et seq. The information percentage of the annual revenues for ‘‘Am I subject to this subpart?’’, collection request (ICR) document this facility (considerably less than 1 specifically paragraph (a) and in prepared by EPA has been assigned EPA percent) and is a reasonable cost § 63.8184, ‘‘What parts of my plant does ICR number 2046.04. considering the nature of the emissions. These proposed amendments result in this subpart cover?’’, specifically Lacking the financial information about changes to the information collection b Sections 63.8184(a)(1) and (2) describe the this one facility, we invite comment on requirements in the regulation. This affected source types and emissions points within our assumption that this capital cost is information is being collected to assure a ‘‘plant site’’ subject to the rule. a reasonable percent of revenues. Any compliance with the regulation. The

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33277

required notifications, reports, and 2008. The final rule will respond to any D. Unfunded Mandates Reform Act records are essential in determining OMB or public comments on the compliance, and are required of all information collection requirements Title II of the Unfunded Mandates affected facilities. The recordkeeping contained in these proposed Reform Act of 1995 (UMRA), Public and reporting requirements in this amendments. Law 104–4, establishes requirements for proposed rule are based on the Federal agencies to assess the effects of requirements in EPA’s NESHAP General C. Regulatory Flexibility Act their regulatory actions on State, local, and tribal governments and the private Provisions (40 CFR part 63, subpart A). The Regulatory Flexibility Act The recordkeeping and reporting sector. Under section 202 of the UMRA, generally requires an agency to prepare requirements in the General Provisions EPA generally must prepare a written a regulatory flexibility analysis of any are mandatory pursuant to section 114 statement, including a cost-benefit rule subject to notice and comment of the CAA (42 U.S.C. 7414). All analysis, for proposed and final rules rulemaking requirements under the information other than emissions data with ‘‘Federal mandates’’ that may submitted to EPA pursuant to the Administrative Procedure Act or any result in expenditures by State, local, information collection requirements for other statute unless the agency certifies and tribal governments, in the aggregate, which a claim of confidentiality is made that the rule would not have a or by the private sector, of $100 million is safeguarded according to CAA section significant economic impact on a or more in any one year. Before 114(c) and the Agency’s implementing substantial number of small entities. promulgating an EPA rule for which a regulations at 40 CFR part 2, subpart B. Small entities include small businesses, written statement is needed, section 205 The annual burden for this small not-for-profit enterprises, and of the UMRA generally requires EPA to information collection averaged over the small governmental jurisdictions. identify and consider a reasonable three years following promulgation of For the purposes of assessing the number of regulatory alternatives and these amendments is estimated to be a impacts of this proposed rule on small adopt the least costly, most cost- total of 3,800 labor hours per year. The entities, small entity is defined as: (1) A effective, or least burdensome average annual reporting burden is 16 small business that meets the Small alternative that achieves the objectives hours per response, with approximately Business Administration size standards of the rule. The provisions of section 3 responses per facility for 5 for small businesses, as defined by the 205 do not apply when they are respondents. The only capital/startup Small Business Administration’s (SBA) inconsistent with applicable law. costs are associated with the installation regulations at 13 CFR 121.201; (2) a Moreover, section 205 allows EPA to of a cell room monitoring system at one small governmental jurisdiction that is a adopt an alternative other than the least facility, since we know that these government of a city, county, town, costly, most cost-effective, or least systems are already in place at the other school district, or special district with a burdensome alternative if the four facilities. The total capital/startup population of less than 50,000; and (3) Administrator publishes with the final cost annualized over its expected useful a small organization that is any not-for- rule an explanation why that alternative life is $13,000. The total operation and profit enterprise which is independently was not adopted. Before EPA establishes maintenance is $60,000 per year. There owned and operated and is not any regulatory requirements that may are no estimated costs associated with dominant in its field. significantly or uniquely affect small purchase of services. Burden is defined governments, including tribal at 5 CFR 1320.3(b). After considering the economic impacts of this proposed rule on small governments, it must have developed An agency may not conduct or under section 203 of the UMRA a small sponsor, and a person is not required to entities, I certify that this action will not have a significant economic impact on government agency plan. The plan must respond to, a collection of information provide for notifying potentially a substantial number of small entities. unless it displays a currently valid OMB affected small governments, enabling This proposed rule is estimated to control number. The OMB control officials of affected small governments numbers for EPA’s regulations in 40 impact a total of five sources, with one to have meaningful and timely input in CFR are listed in 40 CFR part 9. of the five facilities estimated to be the development of EPA regulatory To comment on the Agency’s need for small entity. We have estimated that proposals with significant Federal this information, the accuracy of the small entity compliance costs, as intergovernmental mandates, and provided burden estimates, and any assessed by the facilities’ cost-to-sales informing, educating, and advising suggested methods for minimizing ratio, are expected to be less than 3 small governments on compliance with respondent burden, EPA has established percent of revenues. New sources are the regulatory requirements. a public docket for this action, which already prohibited from using the includes this ICR, under Docket ID technology of this proposed rule by This proposed rule contains no number EPA–HQ–OAR–2002–0017. virtue of the 2003 Mercury Cell MACT’s Federal mandates (under the regulatory Submit any comments related to the ICR provisions; consequently, we did not provisions of Title II of the UMRA) for for this proposed rule to EPA and OMB. estimate any impacts for new sources State, local, or tribal governments or the See ADDRESSES section at the beginning since this rulemaking would not impose private sector. The rule imposes no of this notice for where to submit any new requirements on them. enforceable duty on any State, local or comments to EPA. Send comments to tribal governments or the private sector. OMB at the Office of Information and Although this proposed rule will not (Note: The term ‘‘enforceable duty’’ does Regulatory Affairs, Office of have a significant economic impact on not include duties and conditions in Management and Budget, 725 17th a substantial number of small entities, voluntary federal contracts for goods Street, NW., Washington, DC 20503, EPA nonetheless has tried to reduce the and services.) Thus, this proposed rule Attention: Desk Office for EPA. Since impact of this rule on small entities. is not subject to the requirements of OMB is required to make a decision We continue to be interested in the sections 202 and 205 of the UMRA. EPA concerning the ICR between 30 and 60 potential impacts of this proposed has determined that this rule contains days after June 11, 2008, a comment to action on small entities and welcome no regulatory requirements that might OMB is best assured of having its full comments on issues related to such significantly or uniquely affect small effect if OMB receives it by July 11, impacts. governments.

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33278 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

E. Executive Order 13132: Federalism because it is based solely on technology nationwide standards would reduce Executive Order 13132 (64 FR 43255, performance. HAP emissions and thus decrease the amount of emissions to which all August 10, 1999) requires EPA to H. Executive Order 13211 (Energy affected populations are exposed. develop an accountable process to Effects) ensure ‘‘meaningful and timely input by This rule is not subject to Executive List of Subjects in 40 CFR Part 63 State and local officials in the Order 13211, ‘‘Actions Concerning Environmental protection, Air development of regulatory policies that Regulations That Significantly Affect pollution control, Hazardous have federalism implications.’’ ‘‘Policies Energy Supply, Distribution, or Use’’ (66 substances, Incorporation by reference, that have federalism implications’’ is FR 28355 (May 22, 2001)) because it is Reporting and recordkeeping defined in the Executive Order to not a significant regulatory action under requirements. include regulations that have Executive Order 12866. ‘‘substantial direct effects on the States, Dated: May 30, 2008. on the relationship between the national I. National Technology Transfer Stephen L. Johnson, government and the States, or on the Advancement Act Administrator. distribution of power and Section 12(d) of the National For the reasons set forth in the responsibilities among the various Technology Transfer and Advancement preamble, title 40, chapter I, part 63 of levels of government.’’ Act of 1995 (‘‘NTTAA’’), Public Law the Code of Federal Regulations is This proposed rule does not have 104–113 (15 U.S.C. 272 note) directs proposed to be amended as follows: federalism implications. It will not have EPA to use voluntary consensus substantial direct effects on the States, standards in its regulatory activities PART 63—[AMENDED] on the relationship between the national unless to do so would be inconsistent 1. The authority citation for part 63 government and the States, or on the with applicable law or otherwise continues to read as follows: distribution of power and impractical. Voluntary consensus responsibilities among the various standards are technical standards (e.g., Authority: 42 U.S.C. 7401 et seq. levels of government, as specified in materials specifications, test methods, Subpart IIIII—[AMENDED] Executive Order 13132. This proposed sampling procedures, and business rule does not impose any requirements practices) that are developed or adopted 2. Section 63.8182 is amended by on State and local governments. Thus, by voluntary consensus standards revising paragraph (a) to read as follows: Executive Order 13132 does not apply bodies. NTTAA directs EPA to provide to this proposed rule. Congress, through OMB, explanations § 63.8182 Am I subject to this subpart? In the spirit of Executive Order 13132, when the Agency decides not to use (a) You are subject to this subpart if and consistent with EPA policy to available and applicable voluntary you own or operate a mercury cell promote communications between EPA consensus standards. chlor-alkali production facility or a and State and local governments, EPA This proposed rulemaking does not mercury recovery facility at a mercury specifically solicits comment on this involve technical standards. Therefore, cell chlor-alkali plant. proposed rule from State and local EPA is not considering the use of any * * * * * officials. voluntary consensus standards. 3. Section 63.8184 is amended by F. Executive Order 13175: Consultation J. Executive Order 12898: Federal revising paragraph (a) introductory text and Coordination With Indian Tribal Actions To Address Environmental to read as follows: Governments Justice in Minority Populations and § 63.8184 What parts of my plant does this Executive Order 13175 (65 FR 67249, Low-Income Populations subpart cover? November 6, 2000), requires EPA to Executive Order 12898 (59 FR 7629, (a) This subpart applies to two types develop an accountable process to February 16, 1994) establishes Federal of affected sources at a mercury cell ensure ‘‘meaningful and timely input by executive policy on environmental chlor-alkali plant: The mercury cell tribal officials in the development of justice. Its main provision directs chlor-alkali production facility, as regulatory policies that have tribal Federal agencies, to the greatest extent defined in § 63.8266, ‘‘What definitions implications.’’ This proposed rule does practicable and permitted by law, to apply to this subpart,’’ and the mercury not have tribal implications, as specified make environmental justice part of their recovery facility, as also defined in in Executive Order 13175. This mission by identifying and addressing, § 63.8266. proposed rule imposes no requirements as appropriate, disproportionately high * * * * * on tribal governments. Thus, Executive and adverse human health or 4. Section 63.8186 is amended by Order 13175 does not apply to this rule. environmental effects of their programs, revising paragraph (a) and adding EPA specifically solicits additional policies, and activities on minority paragraph (e) to read as follows: comment on this proposed rule from populations and low-income tribal officials. populations in the United States. § 63.8186 When do I have to comply with EPA has determined that this this subpart? G. Executive Order 13045: Protection of proposed rule will not have (a) If you have an existing affected Children From Environmental Health disproportionately high and adverse source, you must comply with the and Safety Risks human health or environmental effects applicable provisions no later than the EPA interprets Executive Order 13045 on minority or low-income populations dates specified in paragraph (a)(1) of (62 FR 19885, April 23, 1997) as because it increases the level of this section and in either paragraph applying to those regulatory actions that environmental protection for all affected (a)(2) or (3) of this section. concern health or safety risks, such that populations without having any (1) You must comply with each the analysis required under section 5– disproportionately high and adverse emission limitation, work practice 501 of the Order has the potential to human health or environmental effects standard, and recordkeeping and influence the regulation. This action is on any population, including any reporting requirement in this subpart not subject to Executive Order 13045 minority or low-income population. The that applies to you no later than

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33279

December 19, 2006, with the exception subpart and the associated percent of the time in any 6-month of the requirements listed in paragraphs recordkeeping requirements in Table 12 period constitutes a deviation. (a)(1)(i) through (4) of this section. to this subpart. You must adhere to the (4) If the average mercury (i) Section 63.8192(h) and (i); response intervals specified in Tables 1 concentration for any 1-hour period (ii) Section 63.8236(e) and (f); through 4 to this subpart at all times. exceeds the currently applicable action (iii) Section 63.8252(f); and Nonadherence to the intervals in Tables (iv) Section 63.8254(e). level established according to paragraph 1 through 4 to this subpart constitutes (i)(2) of this section, you must meet the (2) If you were complying with the a deviation and must be documented cell room monitoring program requirements in either paragraph (i)(4)(i) and reported in the compliance report, or (ii) of this section. provisions in § 63.8192(g) on June 11, as required by § 63.8254(b), with the 2008 as an alternative to the work date and time of the deviation, cause of (i) If you determine that the cause of practice standards in § 63.8192(a) the deviation, a description of the the elevated mercury concentration is through (d), you must comply with the conditions, and time actual compliance an open electrolyzer, decomposer, or provisions in § 63.8192(h) and (i) no was achieved. As provided in § 63.6(g), other maintenance activity, you must later than 6 months after publication of you may request to use an alternative to record the information specified in the final rule in the Federal Register. At the work practice standards in Tables 1 paragraphs (i)(4)(i)(A) through (C) of this the time that you are in compliance through 4 to this subpart. section. with § 63.8192(h) and (i), you will no (i) In addition to the work practice (A) A description of the maintenance longer be subject to the provisions of standards in paragraph (h) of this activity resulting in elevated mercury § 63.8192(g). section, you must institute a cell room concentration; (3) If you were complying with the monitoring program to continuously (B) The time the maintenance activity work practice standards in § 63.8192(a) monitor the mercury vapor was initiated and completed; and through (d) on June 11, 2008, you must concentration in the upper portion of (C) A detailed explanation of how all comply with the provisions in each cell room and to take corrective the applicable requirements of Table 1 § 63.8192(h) and (i) no later than 2 years actions as quickly as possible when after publication of the final rule in the elevated mercury vapor levels are to this subpart were met during the Federal Register. At the time that you detected. You must prepare and submit maintenance activity. are in compliance with § 63.8192(h) and to the Administrator a cell room (ii) If you determine that the cause of (i), you will no longer be subject to the monitoring plan containing the the elevated mercury concentration is provisions of § 63.8192(a) through (d). elements listed in Table 11 to this not an open electrolyzer, decomposer, * * * * * subpart and meet the requirements in or other maintenance activity, you must (e) If you have a mercury recovery paragraphs (i)(1) through (4) of this follow the procedures specified in facility at a mercury cell chlor-alkali section. paragraphs (i)(4)(ii)(A) and (B) of this plant where the mercury cell chlor- (1) You must utilize a mercury section until the mercury concentration alkali production facility ceased monitoring system that meets the falls below the action level. You must production of product chlorine, product requirements of Table 8 to this subpart. also keep all the associated records for caustic, and by-product hydrogen prior (2) You must establish action levels these procedures as specified in Table to the publication of the final rule in the according to the requirements in 12 to this subpart. Nonadherence to the Federal Register, you must comply with paragraphs (i)(2)(i) through (iii) of this intervals in paragraphs (i)(4)(ii)(A) and each emission limitation, work practice section. You must establish an initial (B) of this section constitutes a standard, and recordkeeping and action level after the compliance date deviation and must be documented and reporting requirement in this subpart specified in § 63.8186(a)(2) or (3), and reported in the compliance report, as that applies to your mercury recovery you must re-establish an action level at required by § 63.8254(b). unit by 1 year after the publication of least once every six months thereafter. (A) Within 1 hour of the time the the final rule in the Federal Register. (i) You must measure and record the action level was exceeded, you must 5. Section 63.8192 is amended by mercury concentration for at least 14 conduct each inspection specified in revising the introductory text; and days and no more than 30 days using a Table 2 to this subpart, with the adding paragraphs (h) and (i) to read as system that meets the requirements of exception of the cell room floor and the follows: paragraph (i)(1) of this section. For the pillars and beam inspections. You must initial action level, this monitoring must correct any problem identified during § 63.8192 What work practice standards begin on the applicable compliance date must I meet? these inspections in accordance with specified for your affected source in Prior to the applicable compliance the requirements in Tables 2 and 3 to § 63.8186(a)(2) or (3). this subpart. date specified in § 63.8186(a)(2) or (3), (ii) Using the monitoring data you must meet the work practice collected according to paragraph (i)(2)(i) (B) If the Table 2 inspections and requirements specified in paragraphs (a) of this section, you must establish your subsequent corrective actions do not through (f) of this section. As an action level at the 90th percentile of the reduce the mercury concentration below alternative to the requirements specified data set. the action level, you must inspect all in paragraphs (a) through (d) of this (iii) You must submit your initial decomposers, hydrogen system piping section, you may choose to comply with action level according to § 63.8252(f) up to the hydrogen header, and other paragraph (g) of this section. After the and subsequent action levels according potential locations of mercury vapor applicable compliance date specified in to § 63.8252(g). leaks using a technique specified in § 63.8186(a)(2) or (3), you must meet the (3) Beginning on the compliance date Table 6 to this subpart. If a mercury work practice requirements specified in specified for your affected source in vapor leak is identified, you must take paragraphs (e), (f), (h), and (i) of this § 63.8186(a)(2) or (3), you must the appropriate action specified in Table section. continuously monitor the mercury 3 to this subpart. * * * * * concentration in the cell room. Failure 6. Section 63.8230 is amended by (h) You must meet the work practice to monitor and record the data revising paragraph (b) and by adding standards in Tables 1 through 4 to this according to § 63.8256(e)(4)(iii) for 75 paragraph (c) to read as follows:

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33280 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

§ 63.8230 By what date must I conduct 19, 2006, as part of your Revised Work determined in accordance with performance tests or other initial Practice Notification of Compliance § 63.8192(i)(2), and a certification that compliance demonstrations? Status. you are operating according to the * * * * * (f) You must submit the Revised Work continuous cell room monitoring (b) For the applicable work practice Practice Notification of Compliance program under § 63.8192(i). standards in § 63.8192(a) through (g), Status containing the results of the (iii) Your washdown plan, and a you must demonstrate initial initial compliance demonstration certification that you are operating compliance within 30 calendar days according to the requirements in according to your washdown plan under after the compliance date that is § 63.8252(f). § 63.8192(e). specified for your affected source in 8. Section 63.8242 is amended by (2) Records of the mass of virgin § 63.8186(a)(1). revising paragraph (a)(2) to read as mercury added to cells for the 5 years (c) For the applicable work practice follows: preceding December 19, 2006. standards in § 63.8192(e), (f), (h), and (i), (g) You must submit subsequent § 63.8242 What are the installation, you must demonstrate initial operation, and maintenance requirements action levels determined in accordance compliance within 60 calendar days for my continuous monitoring systems? with § 63.8192(i)(2), along with the after the applicable compliance date (a) * * * supporting data used to establish the that is specified for your affected source action level, within 30 calendar days in § 63.8186(a)(2) or (3). * * * * * after completion of data collection. 7. Section 63.8236 is amended by (2) Each mercury continuous 11. Section 63.8254 is amended by revising paragraph (c) introductory text emissions monitor analyzer must have a revising paragraph (b)(7) introductory and by adding paragraphs (e) and (f) to detector with the capability to detect a text to read as follows: read as follows: mercury concentration at or below 0.5 times the mercury concentration level § 63.8254 What reports must I submit and § 63.8236 How do I demonstrate initial measured during the performance test when? compliance with the emission limitations conducted according to § 63.8232, or 0.1 * * * * * and work practice standards? µg/m3, whichever is greater. (b) * * * * * * * * * * * * * (7) For each deviation from the (c) For each affected source, you have 9. Section 63.8246 is amended by requirements for work practice demonstrated initial compliance with revising the first sentence of paragraph standards in Tables 1 through 4 to this the applicable work practice standards (b)(1) introductory text to read as subpart that occurs at an affected source in § 63.8192(a) through (g) if you follows: (including deviations where the comply with paragraphs (c)(1) through response intervals were not adhered to (7) of this section: § 63.8246 How do I demonstrate as described in § 63.8192(b)), each continuous compliance with the emission * * * * * limitations and work practice standards? deviation from the cell room monitoring (e) After the [date of publication of the program monitoring and data recording * * * * * requirements in § 63.8192(i)(3), and final rule in the Federal Register], for (b) * * * (1) For each mercury each deviation from the response each affected source, you have thermal recovery unit vent, you must intervals required by § 63.8192(i)(4) demonstrated initial compliance with demonstrate continuous compliance when an action level is exceeded, the the applicable work practice standards with the applicable emission limit compliance report must contain the in § 63.8192(e), (f), (h), and (i) if you specified in § 63.8190(a)(3) by information in paragraphs (b)(1) through comply with paragraphs (e)(1) through maintaining the outlet mercury daily- (4) of this section and the information (4) of this section: average concentration no higher than in paragraphs (b)(7)(i) and (ii) of this (1) You certify in your Revised Work the applicable limit. * * * Practice Notification of Compliance section. This includes periods of Status that you are operating according * * * * * startup, shutdown, and malfunction. 10. Section 63.8252 is amended by to the work practice standards in adding paragraphs (f) and (g) to read as * * * * * § 63.8192(h). follows: 12. Section 63.8256 is amended by (2) You have submitted your cell revising paragraph (c) introductory text room monitoring plan as part of your § 63.8252 What notifications must I submit and adding paragraph (e) to read as Revised Work Practice Notification of and when? follows: Compliance Status and you certify in * * * * * your Revised Work Practice Notification (f) You must submit a Revised Work § 63.8256 What records must I keep? of Compliance Status that you are Practice Notification of Compliance * * * * * operating according to the continuous Status according to paragraphs (f)(1) and (c) Records associated with the work cell room monitoring program under (2) of this section. practice standards that must be kept § 63.8192(i) and that you have (1) You must submit a Revised Work prior to the applicable compliance date established your initial action level Practice Notification of Compliance in § 63.8186(a)(2) or (3). according to § 63.8192(i)(2). Status before the close of business on * * * * * (3) You have re-submitted your the date 60 days after the applicable (e) Records associated with the work washdown plan as part of your Revised compliance date in date § 63.8186(a)(2) practice standards that must be kept Work Practice Notification of or (3). The Revised Work Practice after the applicable compliance date in Compliance Status and you re-certify in Notification of Compliance Status must § 63.8186(a)(2) or (3). your Revised Work Practice Notification contain the items in paragraphs (f)(1)(i) (1) You must keep the records of Compliance Status that you are through (iii) of this section: specified in paragraphs (e)(1)(i) and (ii) operating according to your washdown (i) A certification that you are of this section. plan. operating according to the work practice (i) A weekly record certifying that you (4) You have re-submitted records of standards in § 63.8192(h). have complied with the work practice the mass of virgin mercury added to (ii) Your cell room monitoring plan, standards in Tables 1 through 4 to this cells for the 5 years preceding December including your initial action level subpart. This record must, at minimum,

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules 33281

list each general requirement specified § 63.8192(i)(2)(i), records specified in needed for mercury recovery from in paragraphs (e)(1)(i)(A) through (D) of Table 9 to this subpart. wastes generated by a mercury cell this section. Figure 1 to this subpart (iii) Records of the cell room mercury chlor-alkali plant. provides an example of this record. concentration monitoring data collected. * * * * * (iv) Instances when the action level is (A) The design, operation, and 14. Subpart IIIII of Part 63 is amended exceeded. maintenance requirements in Table 1 to by revising the table heading for table 5 (v) Records specified in this subpart; to read as follows: (B) The required inspections in Table § 63.8192(i)(4)(i) for maintenance 2 to this subpart; activities that cause the mercury vapor Table 5 to Subpart IIIII—Required (C) The required actions for liquid concentration to exceed the action level. Elements of Floor-Level Mercury Vapor mercury spills and accumulations and (vi) Records of all inspections and Measurement and Cell Room hydrogen and mercury vapor leaks in corrective actions taken in response to Monitoring Plans Prior to the Table 3 to this subpart; and a non-maintenance related situation in Applicable Compliance Date Specified which the mercury vapor concentration (D) The requirements for mercury in § 63.8186(a)(2) or (3) exceeds the action level as specified in liquid collection in Table 4 to this Table 12 of this subpart. 15. Subpart IIIII of Part 63 is amended subpart. 13. Section 63.8266 is amended by by revising the introductory text of table (ii) The records specified in Table 12 revising the definitions of ‘‘Mercury cell 9 to read as follows: to this subpart related to mercury and chlor-alkali plant’’ and ‘‘Mercury Table 9 To Subpart IIIII of Part 63— hydrogen leaks. recovery facility’’ to read as follows: (2) You must maintain a copy of your Required Records for Work Practice current washdown plan and records of § 63.8266 What definitions apply to this Standards when each washdown occurs. subpart? As stated in § 63.8256(c), you must (3) You must maintain records of the * * * * * keep the records (related to the work mass of virgin mercury added to cells Mercury cell chlor-alkali plant means practice standards) specified in the for each reporting period. all contiguous or adjoining property that following table prior to the applicable (4) You must keep your current cell is under common control, where a compliance date specified in room monitoring plan and the records mercury cell chlor-alkali production § 63.8186(a)(2) or (3). After the specified in paragraphs (e)(4)(i) through facility and/or a mercury recovery applicable compliance date specified in (vi) of this section. facility is located. A mercury cell chlor- § 63.8186(a)(2) or (3), you must keep the (i) Records of the monitoring alkali plant includes a mercury recovery records (related to the work practice conducted in accordance with facility at a plant where the mercury cell standards) specified in the following § 63.8192(i)(2)(i) to establish your action chlor-alkali production facility ceases table during the period when you are levels, and records demonstrating the production. collecting cell room monitoring data in development of these action levels. * * * * * accordance with § 63.8192(i)(2)(i) to (ii) During each period that you are Mercury recovery facility means an establish your action level: gathering cell room monitoring data in affected source consisting of all 16. Subpart IIIII of Part 63 is amended accordance with the requirements of processes and associated operations by adding table 11 to read as follows:

TABLE 11 TO SUBPART IIIII.—REQUIRED ELEMENTS CELL ROOM MONITORING PLANS AFTER THE APPLICABLE COMPLIANCE DATE SPECIFIED IN § 63.8186(a)(2) OR (3) Your Cell Room Monitoring Plan required by § 63.8192(i) must contain the elements listed in the following table:

You must specify in your cell room monitoring plan * * * Additional requirements

1. Details of your mercury monitoring system. 2. How representative sampling will be conducted ...... Include some pre-plan measurements to demonstrate the profile of mercury concentration in the cell room and how the selected sam- pling locations ensure conducted representativeness. 3. Quality assurance/quality control procedures for your mercury moni- Include a description of how you will keep records or other means to toring system. demonstrate that the system is operating properly. 4. Your current action level ...... Include the background data used to establish your current level. Records of previous action levels must be kept for 5 years in accord- ance with § 63.8258, but are not required to be included as part of your cell room monitoring plan.

17. Subpart IIIII of Part 63 is amended by adding table 12 to read as follows:

TABLE 12 TO SUBPART IIIII OF PART 63.—REQUIRED RECORDS FOR WORK PRACTICE STANDARDS AFTER THE APPLICABLE COMPLIANCE DATE SPECIFIED IN § 63.8186(a)(2) OR (3) As stated in § 63.8256(e)(1), you must keep the records (related to the work practice standards) specified in the following table:

For each * * * You must record the following information * * *

1. Liquid mercury spill or accumulation identified during an inspection a. Location of the liquid mercury spill or accumulation. required by Table 2 to this subpart or at any other time. b. Method you use to clean up the liquid mercury spill or accumulation. c. Date and time when you clean up the liquid mercury spill or accumu- lation.

VerDate Aug<31>2005 19:16 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 33282 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Proposed Rules

TABLE 12 TO SUBPART IIIII OF PART 63.—REQUIRED RECORDS FOR WORK PRACTICE STANDARDS AFTER THE APPLICABLE COMPLIANCE DATE SPECIFIED IN § 63.8186(A)(2) OR (3)—Continued As stated in § 63.8256(e)(1), you must keep the records (related to the work practice standards) specified in the following table:

For each * * * You must record the following information * * *

d. Source of the liquid mercury spill or accumulation. e. If the source of the liquid mercury spill or accumulation is not identi- fied, the time when you reinspect the area. 2. Liquid mercury leak or hydrogen leak identified during an inspection a. Location of the leak. required by Table 2 to this subpart or at any other time. b. Date and time you identify the leak. c. If the leak is a liquid mercury leak, the date and time that you suc- cessfully contain the dripping liquid mercury. d. Date and time you successfully stop the leak and repair the leaking equipment.

18. Subpart IIIII of Part 63 is amended by adding figure 1 as follows:

[FR Doc. E8–12618 Filed 6–10–08; 8:45 am] BILLING CODE 6560–50–P

VerDate Aug<31>2005 19:01 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP3.SGM 11JNP3 pwalker on PROD1PC71 with PROPOSALS3 EP11JN08.002 Wednesday, June 11, 2008

Part VI

The President Executive Order 13465—Amending Executive Order 12989, as Amended Presidential Determination No. 2008–20 of June 4, 2008—Suspension of Limitations Under the Jerusalem Embassy Act

VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS 33285

Federal Register Presidential Documents Vol. 73, No. 113

Wednesday, June 11, 2008

Title 3— Executive Order 13465 of June 6, 2008

The President Amending Executive Order 12989, as Amended

By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, and in order to take further steps to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows: Section 1. Executive Order 12989 of February 13, 1996, as amended, is further amended: (a) by striking the title and inserting in lieu thereof ‘‘Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligi- bility Verification System’’; and (b) by striking the material that follows the title and precedes section 1 of the order and inserting in lieu thereof the following: ‘‘This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contrac- tors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal con- tracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers. ‘‘Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore gen- erally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard. ‘‘I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.

VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS 33286 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents

‘‘NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, it is hereby ordered as follows:’’. Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended by: (a) striking the last sentence in subsection 1(a); and (b) striking subsection (b) and inserting in lieu thereof the following new subsections: ‘‘(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce. ‘‘(c) It is the policy of the executive branch to enforce fully the antidiscrimi- nation provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 1324b) or any other law. ‘‘(d) All discretion under this order shall be exercised consistent with the policies set forth in this section.’’. Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended to read as follows: ‘‘Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract. ‘‘(b) The Secretary of Homeland Security: ‘‘(i) shall administer, maintain, and modify as necessary and appro- priate the electronic employment eligibility verification system des- ignated by the Secretary under subsection (a) of this section; and ‘‘(ii) may establish with respect to such electronic employment verification system: ‘‘(A) terms and conditions for use of the system; and ‘‘(B) procedures for monitoring the use, failure to use, or improper use of the system. ‘‘(c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employ- ment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order. ‘‘(d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General: ‘‘(i) shall administer and enforce this order; and ‘‘(ii) may, after consultation to the extent appropriate with the Sec- retary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appro- priate, issue such rules, regulations, or orders, or establish such re- quirements, as may be necessary and appropriate to implement this order.’’.

VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents 33287

Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by striking ‘‘respective agencies’’ and inserting in lieu thereof ‘‘respective depart- ments or agencies’’. Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to read as follows: ‘‘Sec. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in the Federal procurement process. ‘‘(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.’’. Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to read as follows: ‘‘Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. ‘‘(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. ‘‘(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.’’. Sec. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, June 6, 2008.

[FR Doc. 08–1348 Filed 6–10–08; 11:02 am] Billing code 3195–01–P

VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS GWBOLD.EPS Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents 33289 Presidential Documents

Presidential Determination No. 2008–20 of June 4, 2008

Suspension of Limitations Under the Jerusalem Embassy Act

Memorandum for the Secretary of State

Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104–45) (the ‘‘Act’’), I hereby determine that it is necessary, in order to protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to beginning the process of moving our Embassy to Jerusalem. You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress.

THE WHITE HOUSE, Washington, June 4, 2008.

[FR Doc. 08–1349 Filed 6–10–08; 11:02 am] Billing code 4710–10–P

VerDate Aug<31>2005 18:59 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11JNE1.SGM 11JNE1 sroberts on PROD1PC70 with PROPOSALS GWBOLD.EPS i

Reader Aids Federal Register Vol. 73, No. 113 Wednesday, June 11, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. 430...... 32243 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 Proposed Rules: 12 CFR 33...... 32417 The United States Government Manual 741–6000 652...... 31937 Other Services 3 CFR Proposed Rules: Electronic and on-line services (voice) 741–6020 Proclamations: 535...... 31648 Privacy Act Compilation 741–6064 8262...... 31745 706...... 31648 Public Laws Update Service (numbers, dates, etc.) 741–6043 8263...... 31747 14 CFR TTY for the deaf-and-hard-of-hearing 741–6086 8264...... 31921 8265...... 31923 27...... 31608 8266...... 31925 29...... 31608 ELECTRONIC RESEARCH 8267...... 31927 39 ...... 31351, 31353, 31355, World Wide Web 8268...... 32233 31749, 32648, 32985, 32987, 8269...... 32983 32988, 32991, 32993, 32996, Full text of the daily Federal Register, CFR and other publications Executive Orders: 32998, 33000 is located at: http://www.gpoaccess.gov/nara/index.html 12989 (Amended by 71...... 31608, 32235 Federal Register information and research tools, including Public EO 13465)...... 33285 Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 13405 (See Notices of 39 ...... 31780, 32245, 32246, http://www.archives.gov/federallregister June 6, 2008)...... 32981 32248, 32250, 32252, 32253, 13465...... 33285 32255, 32256, 32258, 32486, E-mail Administrative Orders: 32488, 32491, 32493, 32495, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential 32497, 32659, 33025 an open e-mail service that provides subscribers with a digital Determinations: form of the Federal Register Table of Contents. The digital form No. 08–20 of June 4, 15 CFR of the Federal Register Table of Contents includes HTML and 2008 ...... 33289 30...... 31548 PDF links to the full text of each document. 4 CFR To join or leave, go to http://listserv.access.gpo.gov and select 16 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 21...... 32427 Proposed Rules: (or change settings); then follow the instructions. 6 CFR 260...... 32662 317...... 32259 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: service that notifies subscribers of recently enacted laws. 5...... 32657 17 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 7 CFR 200...... 32222 and select Join or leave the list (or change settings); then follow 201...... 32222 the instructions. 301...... 31929, 32431 305...... 32431 202...... 32222 FEDREGTOC-L and PENS are mailing lists only. We cannot 762...... 32635 203...... 32222 respond to specific inquiries. 955...... 31605 209...... 32222 Reference questions. Send questions and comments about the 229...... 32794 Federal Register system to: [email protected] 8 CFR 230...... 32222, 32794 217...... 32440 232 ...... 32222, 32794, 33002 The Federal Register staff cannot interpret specific documents or 239...... 32794 regulations. 9 CFR 240...... 32222, 32794 93...... 31930 249...... 32222, 32794 249b...... 32222 FEDERAL REGISTER PAGES AND DATE, JUNE Proposed Rules: 130...... 31771 260...... 32222 31351–31604...... 2 270...... 32222 31605–31748...... 3 10 CFR 274...... 32222 31749–31928...... 4 40...... 32453 275...... 32222 31929–32234...... 5 50...... 31607 279...... 32222 32235–32426...... 6 72...... 32453 Proposed Rules: 32427–32634...... 9 73...... 32453 150...... 32260, 32261 32635–32982...... 10 74...... 32453 32983–33290...... 11 150...... 32453 19 CFR 170...... 32386 192...... 32466 171...... 32386 1017...... 32637 21 CFR Administravite Orders: 522...... 31357 Notice of June 6, 801...... 31358 2008 ...... 32981 Proposed Rules: Proposed Rules: 15...... 33027 71...... 31946 801...... 31390

VerDate Aug 31 2005 20:00 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\11JNCU.LOC 11JNCU mstockstill on PROD1PC66 with FEDREGCU ii Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Reader Aids

23 CFR 588...... 32650 32239, 32240 48 CFR 60...... 31372, 31376 774...... 31609 593...... 32650 Proposed Rules: 82...... 33007 594...... 32650 517...... 32274 141...... 31616 24 CFR 595...... 32650 519...... 32669 180 ...... 31753, 33013, 33018 Proposed Rules: 533...... 32514 33 CFR 261...... 31756 203...... 32632 537...... 32276 271...... 31634 100...... 31360 547...... 32277 302...... 31756 26 CFR 117 ...... 31610, 32236, 32237, 552 ...... 32276, 32277, 32514, 372...... 32466 1...... 32629 33005 32669 301...... 32629 165 ...... 31363, 31612, 33005 Proposed Rules: Proposed Rules: 52 ...... 31415, 31663, 31947, 49 CFR Proposed Rules: 32274 100...... 31394 195...... 31634 1...... 32499, 32500 60...... 31416, 32667 151...... 32273 571...... 32473 301...... 32503 63...... 33013, 33258 165 ...... 31397, 31652, 31782, 585...... 32473 152...... 33035 28 CFR 31785, 33028, 33030, 33033 Proposed Rules: 334...... 32665 156...... 33035 Proposed Rules: 165...... 33035 260...... 32515 75...... 32262 34 CFR 180...... 31788 383...... 32520 100...... 31648 721...... 32508 384...... 32520 Proposed Rules: 385...... 32520 30 CFR 222...... 31592 571...... 31663 42 CFR Proposed Rules: 37 CFR 950...... 31392 418...... 32088 50 CFR 41...... 32938 Proposed Rules: 18...... 33212 31 CFR Proposed Rules: 5...... 31418 32...... 33158 535...... 32650 1...... 31655 51c ...... 31418 300...... 31380 536...... 32650 41...... 31655 635...... 31380 537...... 32650 201...... 31399 44 CFR 648...... 31769, 31770 538...... 32650 679...... 31646 38 CFR 67...... 31944 539...... 32650 Proposed Rules: 540...... 32650 3...... 31753 45 CFR 17 ...... 31418, 31665, 32629 541...... 32650 21...... 31742 32...... 33202 542...... 32650 Proposed Rules: 216...... 31666 545...... 32650 39 CFR 309...... 32668, 33048 224...... 32521 560...... 32650 111...... 31943, 32238 310...... 32668, 33048 229...... 32278 585...... 32650 600...... 32526 586...... 32650 40 CFR 47 CFR 622...... 31669, 32281 587...... 32650 52 ...... 31366, 31368, 31614, 73...... 32241 700...... 31807

VerDate Aug 31 2005 20:00 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\11JNCU.LOC 11JNCU mstockstill on PROD1PC66 with FEDREGCU Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Reader Aids iii

REMINDERS Fishery Management Inpatient Rehabilitation Submissions, and Approvals; The items in this list were Plan; comments due by Facility Prospective comments due by 6-16-08; editorially compiled as an aid 6-19-08; published 5-20- Payment System (2009 published 5-16-08 [FR E8- to Federal Register users. 08 [FR E8-11253] FY); comments due by 6- 11003] Inclusion or exclusion from DEFENSE DEPARTMENT 20-08; published 4-25-08 LABOR DEPARTMENT [FR 08-01174] this list has no legal Defense Acquisition Mine Safety and Health significance. Regulations System HEALTH AND HUMAN Administration SERVICES DEPARTMENT Nontraditional Defense Petitions for Modification; Contractor; comments due Hospital Preparedness comments due by 6-16-08; RULES GOING INTO by 6-20-08; published 4-21- Program (HPP); comments published 5-16-08 [FR E8- EFFECT JUNE 11, 2008 08 [FR E8-08484] due by 6-16-08; published 10943] 5-16-08 [FR E8-10970] ENVIRONMENTAL HOMELAND SECURITY POSTAL SERVICE ENVIRONMENTAL PROTECTION AGENCY Mailing Requirement Changes PROTECTION AGENCY DEPARTMENT Approval and Promulgation of Coast Guard for Parcel Select; comments Pesticide Tolerances: Air Quality Implementation Hull Identification Numbers for due by 6-20-08; published Bifenthrin; published 6-11-08 Plans: Recreational Vessels; 5-21-08 [FR E8-11210] Flutolanil; published 6-11-08 Texas; comments due by 6- comments due by 6-16-08; SOCIAL SECURITY Protection of Stratospheric 16-08; published 5-15-08 published 3-17-08 [FR E8- ADMINISTRATION Ozone; Allocation of [FR E8-10924] 05326] Revised Medical Criteria for Essential Use Allowances Environmental Statements; Security Zone: Evaluating Cardiovascular (2008 CY); published 6-11- Notice of Intent: Escorted Vessels in Captain Disorders; comments due by 08 Coastal Nonpoint Pollution of the Port Zone 6-16-08; published 4-16-08 INTERIOR DEPARTMENT Control Programs; States Jacksonville, FL; [FR E8-08111] and Territories— comments due by 6-18- Fish and Wildlife Service TRANSPORTATION Florida and South 08; published 5-19-08 [FR DEPARTMENT Marine Mammals: Carolina; Open for E8-11141] Federal Aviation Incidental Take During comments until further HOMELAND SECURITY Administration Specified Activities; notice; published 2-11- DEPARTMENT Airworthiness Directives: published 6-11-08 08 [FR 08-00596] Privacy Act; Systems of SECURITIES AND Hazardous Waste Records; comments due by Kelly Aerospace Power EXCHANGE COMMISSION Management System; 6-16-08; published 5-15-08 Systems Turbochargers; comments due by 6-20- Adoption of Updated EDGAR Identification and Listing of [FR E8-10891] 08; published 4-21-08 [FR Filer Manual; published 6- Hazardous Waste; Proposed HOMELAND SECURITY E8-08120] 11-08 Exclusion; comments due by DEPARTMENT 6-18-08; published 5-19-08 U.S. Immigration and Airbus Model A318, A319, [FR E8-11004] Customs Enforcement A320, and A321 COMMENTS DUE NEXT Pesticide Inert Ingredient: Adjusting Program Fees and Airplanes; comments due by 6-19-08; published 5- WEEK Proposal to Revoke the Establishing Procedures for 20-08 [FR E8-11284] Obsolete Tolerance Out-of-Cycle Review and COMMERCE DEPARTMENT Exemption for Sperm Oil; Recertification of Schools Boeing Model 747-100, 747- Industry and Security comments due by 6-16- Certified, etc.; comments 100B, 747-100B SUD, et Bureau 08; published 5-16-08 [FR due by 6-20-08; published al. Series Airplanes; comments due by 6-16- Conforming Changes to E8-10922] 4-21-08 [FR E8-08261] INTERIOR DEPARTMENT 08; published 5-22-08 [FR Certain End-User/End-Use FEDERAL E8-11474] Based Controls in the EAR; COMMUNICATIONS Fish and Wildlife Service Clarification of the Term COMMISSION East Bay Municipal Utility Boeing Model 767 Airplanes; comments due Transfer and Related Terms Agency Information Collection District Habitat Conservation by 6-17-08; published 5- as Used in the EAR; Activities; Proposals, Plan, East Bay Watershed 23-08 [FR E8-11591] comments due by 6-17-08; Submissions, and Approvals; Lands, Alameda and Contra published 4-18-08 [FR E8- comments due by 6-16-08; Costa Counties, CA; Bombardier Model CL 600 08197] published 5-15-08 [FR E8- comments due by 6-16-08; 2C10 (Regional Jet Series 700 & 701) Series COMMERCE DEPARTMENT 10907] published 5-16-08 [FR E8- Airplanes and Model CL Service Rules for the 698-746, 10994] National Oceanic and 600 2D24 (Regional Jet 747-762 and 777-792 MHz Endangered and Threatened Atmospheric Administration Series 900) Series Bands, Implementing a Wildlife and Plants: Atlantic Highly Migratory Airplanes; comments due Nationwide, Broadband, Designation of Critical Species; Atlantic Tuna by 6-18-08; published 5- Interoperable Public Safety Habitat for the Wintering Fisheries; Gear Population of the Piping 19-08 [FR E8-11112] Authorization and Turtle Network in the 700 MHz Band; comments due by 6- Plover in North Carolina; Dassault Model Falcon Control Devices; comments Revised; comments due 2000EX Airplanes; due by 6-16-08; published 20-08; published 5-21-08 [FR E8-11247] by 6-16-08; published 5- comments due by 6-19- 5-6-08 [FR E8-09888] 15-08 [FR E8-10887] 08; published 5-20-08 [FR FEDERAL HOUSING Codeless and Semi-Codeless Proposed Revised E8-11282] FINANCE BOARD Access to the Global Designation of Critical Empresa Brasileira de Positioning System; Affordable Housing Program Habitat for the Northern Aeronautica S.A. Model comments due by 6-16-08; Amendments; comments Spotted Owl; comments ERJ 170 and ERJ 190 published 5-16-08 [FR E8- due by 6-16-08; published due by 6-20-08; published Airplanes; comments due 11148] 4-16-08 [FR E8-07949] 5-21-08 [FR E8-11321] by 6-19-08; published 5- Fisheries Off West Coast HEALTH AND HUMAN INTERIOR DEPARTMENT 20-08 [FR E8-11289] States; Coastal Pelagic SERVICES DEPARTMENT Minerals Management McDonnell Douglas Model Species Fishery: Centers for Medicare & Service DC-8-61, DC-8-61F, DC 8 Amendment 12 to the Medicaid Services Agency Information Collection 63, DC-8-63F, DC-8-71F, Coastal Pelagic Species Medicare Program: Activities; Proposals, and DC-8-73F Airplanes;

VerDate Aug 31 2005 20:00 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\11JNCU.LOC 11JNCU mstockstill on PROD1PC66 with FEDREGCU iv Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Reader Aids

comments due by 6-20- Operations Regulations; VETERANS AFFAIRS GPO Access at http:// 08; published 5-6-08 [FR comments due by 6-18-08; DEPARTMENT www.gpoaccess.gov/plaws/ E8-09883] published 5-19-08 [FR E8- Definition of Service in the index.html. Some laws may Congestion Management Rule 11151] Republic of Vietnam; not yet be available. comments due by 6-16-08; for LaGuardia Airport; TRANSPORTATION published 4-16-08 [FR E8- H.R. 1195/P.L. 110–244 comments due by 6-16-08; DEPARTMENT published 4-17-08 [FR E8- 08091] SAFETEA-LU Technical 08308] National Highway Traffic Safety Administration Corrections Act of 2008 (June Special Conditions: LIST OF PUBLIC LAWS 6, 2008; 122 Stat. 1572) AmSafe, Inc., Various Vehicle identification number Last List June 4, 2008 Transport Category requirements; comments This is a continuing list of Airplanes; Inflatable due by 6-16-08; published public bills from the current Restraints; comments due 4-30-08 [FR 08-01197] session of Congress which by 6-19-08; published 5- TREASURY DEPARTMENT have become Federal laws. It Public Laws Electronic 20-08 [FR E8-11297] may be used in conjunction Internal Revenue Service Notification Service TRANSPORTATION with ‘‘PLUS’’ (Public Laws (PENS) DEPARTMENT Multiemployer Plan Funding Update Service) on 202–741– Federal Railroad Guidance; comments due by 6043. This list is also Administration 6-16-08; published 3-18-08 available online at http:// PENS is a free electronic mail Railroad Safety Enforcement [FR 08-01044] www.archives.gov/federal- notification service of newly Procedures; Enforcement, Requirements for Certain register/laws.html. enacted public laws. To Appeal and Hearing Pension Plan Amendments The text of laws is not subscribe, go to http:// Procedures for Rail Routing Significantly Reducing the published in the Federal listserv.gsa.gov/archives/ Decisions; comments due Rate of Future Benefit Register but may be ordered publaws-l.html by 6-16-08; published 4-16- Accrual; comments due by in ‘‘slip law’’ (individual 08 [FR E8-08187] 6-19-08; published 3-21-08 pamphlet) form from the Note: This service is strictly TRANSPORTATION [FR E8-05625] Superintendent of Documents, for E-mail notification of new DEPARTMENT Withdrawal of Regulations U.S. Government Printing laws. The text of laws is not Federal Transit under Old Section; Office, Washington, DC 20402 available through this service. Administration comments due by 6-16-08; (phone, 202–512–1808). The PENS cannot respond to Proposed Policy Statement on published 4-17-08 [FR E8- text will also be made specific inquiries sent to this FTA’s School Bus 08082] available on the Internet from address.

VerDate Aug 31 2005 20:00 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\11JNCU.LOC 11JNCU mstockstill on PROD1PC66 with FEDREGCU