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Code · REGISTER · 2007-01-11 · Federal Aviation Administration (FAA), DOT · Rules and Regulations

Rules and Regulations. Final rule

16,622 words·~76 min read·/register/2007/01/11/07-61

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30530 Amdt. No. 3200] Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements.
These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective January 11, 2007. The compliance date for each SIAP and/or Weather Takeoff Minimums is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the **Federal Register** as of January 11, 2007.
ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* *For Purchase* —Individual SIAP and Weather Takeoff Minimums copies may be obtained from: 1.
FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs and Weather Takeoff Minimums mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address:
P.O. Box 25082, Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), establishes, amends, suspends, or revokes SIAPs and/or Weather Takeoff Minimums. The complete regulatory description of each SIAP and/or Weather Takeoff Minimums is contained in official FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are identified as FAA Forms 8260-3, 8260-4, 8260-5 and 8260-15A. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs and/or Weather Takeoff Minimums, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs and/or Weather Takeoff Minimums but refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP and/or Weather Takeoff Minimums contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs and/or Weather Takeoff Minimums. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and/or Weather Takeoff Minimums as contained in the transmittal. Some SIAP and/or Weather Takeoff Minimums amendments may have been previously issued by the FAA in a Flight Data Center
(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP, and/or Weather Takeoff Minimums amendments may require making them effective in less than 30 days. For the remaining SIAPs and/or Weather Takeoff Minimums, an effective date at least 30 days after publication is provided. Further, the SIAPs and/or Weather Takeoff Minimums contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and/or Weather Takeoff Minimums, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs and/or Weather Takeoff Minimums and safety in air commerce, I find that notice and public procedure before adopting these SIAPs and/or Weather Takeoff Minimums are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs and/or Weather Takeoff Minimums effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC, on December 29, 2006. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and Weather Takeoff Minimums effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: Effective 15 February 2007 Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV
(GPS)Y RWY 27R, Amdt 1A Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV
(RNP)Y RWY 9L, Orig-A Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV
(RNP)Z RWY 9R, Orig-A Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV
(RNP)Z RWY 27R, Orig-A Ponce, PR, Mercedita, RNAV
(GPS)RWY 30, Orig-A Martinsville, VA, Blue Ridge, RNAV
(GPS)RWY 30, Amdt 1 Effective 15 March 2007 Hot Springs, AR, Memorial Field, ILS OR LOC RWY 5, Amdt 15 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, ILS OR LOC/DME RWY 32, Amdt 6 Mount Vernon, IL, Mount Vernon, Takeoff Minimums and Textual DP, Orig Hawley, MN, Hawley Muni, RNAV
(GPS)RWY 34, Orig Hawley, MN, Hawley Muni, GPS RWY 34, Orig, CANCELLED Hawley, MN, Hawley Muni, VOR/DME-A, Amdt 2 Hawley, MN, Hawley Muni, Takeoff Minimums and Textual DP, Orig Asheville, NC, Asheville Regional, RNAV
(GPS)RWY 16, Amdt 1 Asheville, NC, Asheville Regional, RNAV
(GPS)RWY 34, Amdt 1 Corpus Christi, TX, Corpus Christi Intl, RNAV
(GPS)RWY 31, Amdt 2 Lufkin, TX, Angelina County, VOR RWY 33, Amdt 14 Lufkin, TX, Angelina County, Takeoff Minimums and Textual DP, Orig Rockport, TX, Aransas County, RNAV
(GPS)RWY 14, Amdt 2 Rockport, TX, Aransas County, Takeoff Minimums and Textual DP, Orig [FR Doc. E7-31 Filed 1-10-07; 8:45 am] BILLING CODE 4910-13-P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34-40761A; File No. S7-13-98] RIN 3235-AH39 Amendment to Rule Filing Requirements for Self-Regulatory Organizations Regarding New Derivative Securities Products; Correction AGENCY: Securities and Exchange Commission. ACTION: Correcting amendment. SUMMARY: In connection with rules adopted in Release No. 34-40761 (December 8, 1998), 63 FR 70952 (December 22, 1998) (“Original Release”), the Commission is making a technical correction to the delegation of authority to the Director of the Division of Market Regulation appearing in the Commission's Rules of Practice and Investigations. Specifically, the Commission is correcting a cross-reference appearing in the delegation. EFFECTIVE DATE: February 20, 1999. FOR FURTHER INFORMATION CONTACT: Frances Sienkiewicz, Securities and Exchange Commission, at
(202)551-5418. SUPPLEMENTARY INFORMATION: The Commission is making a technical correction to Rule 30-3(a)(59) of its Rules of Practice and Investigations. Currently, Rule 30-3(a)(59) contains a cross-reference to paragraph (e)(6)(iii) of Rule 19b-4 under the Securities Exchange Act of 1934. In connection with the adoption in the Original Release of a new paragraph
(e)to Rule 19b-4, the cross-reference to paragraph (e)(6)(iii) of Rule 19b-4 appearing in Rule 30-3(a)(59) should have been redesignated as paragraph (f)(6)(iii) of Rule 19b-4, to reflect the redesignation of former paragraph
(e)of Rule 19b-4 as paragraph
(f)of Rule 19b-4. This document corrects that cross-reference. List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies), Organization and functions (Government agencies). Accordingly, 17 CFR part 200 is corrected by making the following correcting amendment: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS 1. The authority citation for Part 200 continues to read in part as follows: Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78 *ll* (d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted. § 200.30-3 [Amended] 2. Section 200.30-3(a)(59) is amended by revising the cite “(e)(6)(iii)” to read “(f)(6)(iii)”. Dated: January 5, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-238 Filed 1-10-07; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE 22 CFR Part 62 [Public Notice 5654] Exchange Visitor Program—Professors and Research Scholars AGENCY: Department of State. ACTION: Final Rule; Announcement of Effective Date for Implementation of Five-Year Professor and Research Scholar Categories. SUMMARY: By Notice published on November 1, 2006, 71 FR 64330, the Department of State identified November 4, 2006 as the effective date for its Final Rule published May 19, 2005, 70 FR 28815. The effective date of the Final Rule had been in order to permit the Department of Homeland Security to complete modifications to the Student and Exchange Visitor Information System (SEVIS) necessary for implementation. However, these SEVIS modifications did not become operational until the evening of November 17, 2006. Accordingly, effective November 18, 2006, current and future professor and research scholar participants will be eligible for five years of program participation as provided in the Final Rule, as amended. These participants will also be subject to the eligibility requirements for repeat participation set forth in the Final Rule, as amended. The Final Rule was amended by a **Federal Register** document published on June 23, 2005, 70 FR 36344. Requirements governing initial eligibility for participation as a professor or research scholar are unchanged. This document supersedes the Department's document published November 1, 2006, and the language of the Department's Final Rule published May 19, 2005, as it regards the rule's effective date. This certification will be published in the **Federal Register** . DATES: *Effective Date:* The final rule published at 70 FR 28815, May 19, 2005, and corrected at 70 FR 36344, June 23, 2005, is effective November 18, 2006. FOR FURTHER INFORMATION CONTACT: Karen Hawkins,
(202)203-5072. Dated: December 28, 2006. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Department of State. [FR Doc. E6-22631 Filed 1-10-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 285 RIN 1510-AB09 Administrative Offset Under Reciprocal Agreements With States AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Interim rule with request for comments. SUMMARY: This interim rule describes the rules applicable to the offset of Federal nontax payments to collect delinquent debts owed to States pursuant to reciprocal agreements between the Secretary of the Treasury and the States. In addition to providing for the offset of Federal nontax payments, the reciprocal agreements will provide for the offset of State payments to collect delinquent, nontax Federal debts. The offsets described in this rule will be processed by the Treasury Offset Program (TOP). The Department of the Treasury's Financial Management Service
(FMS)established TOP in order to centralize the process by which Federal payments are withheld or reduced (in other words, offset) to collect delinquent debts. This interim rule specifically applies to the centralized offset of Federal nontax payments by Federal disbursing officials to collect delinquent debts owed to States pursuant to reciprocal agreements. Therefore, this interim rule affects persons who owe delinquent debts to a State of the United States and who receive Federal payments. It also affects persons who owe delinquent, nontax Federal debts and who receive payments from States. This rule does not apply to collection of past-due support debts ( *see* 31 CFR 285.1), the offset of Federal tax refund payments, the offset of Federal salary payments, or the offset of other Federal payments excluded from offset by law. DATES: This rule is effective January 11, 2007. Comments must be received by March 12, 2007. ADDRESSES: All comments should be addressed to Thomas Dungan, Senior Policy Analyst, Debt Management Services, Financial Management Service, Department of the Treasury, 401 14th Street, SW., Room 435B, Washington, DC 20227. Comments may also be submitted via the internet as directed on the FMS Web site at the following address: *http://www.fms.treas.gov/debt* . A copy of this interim rule is being made available for downloading from the Web site. FOR FURTHER INFORMATION CONTACT: Thomas Dungan, Senior Policy Analyst, at
(202)874-6660, or Tricia Long, Senior Counsel, at
(202)874-6680. SUPPLEMENTARY INFORMATION: Background The Debt Collection Improvement Act of 1996 (DCIA), Pub. L. 104-134, 110 Stat. 1321-358 *et seq.* (April 26, 1996), authorized Federal disbursing officials to withhold or reduce eligible Federal payments to pay the payee's delinquent debt owed to the United States. *See* 31 U.S.C. 3716(c). This process is known as “administrative offset” or “offset.” The DCIA also provided that Federal payments may be offset to collect delinquent debts owed to States provided that the States enter into reciprocal agreements with the Secretary of the Treasury and meet certain other qualifications. *See* 31 U.S.C. 3716(h). FMS, a bureau of the Department of the Treasury (Treasury), is responsible for the implementation of centralized administrative offset of Federal payments for the collection of delinquent debt. FMS has established TOP to meet this and other debt collection responsibilities. By centralizing offset through TOP, FMS has consolidated and simplified debt collection procedures for the Federal Government. TOP works as follows: Creditor agencies submit information about delinquent debts to FMS, which maintains the information in its delinquent debtor database. Payment agencies prepare and certify payment vouchers to FMS and disbursing officials at certain other Federal agencies with disbursing authority (such as the Department of Defense or the United States Postal Service), who then disburse payments. The payment vouchers contain information about the payment including the name and taxpayer identifying number
(TIN)of the recipient. Before an eligible Federal payment is disbursed to a payee, FMS compares the payment information (including information from payments disbursed by other Federal agencies) with debtor information in FMS's delinquent debtor database. If the payee's name and TIN match the name and TIN of a debtor, the disbursing official offsets the payment, in whole or in part, to satisfy the debt, to the extent legally allowed. FMS transmits amounts collected through offset to the appropriate creditor agencies after deducting fees to cover the costs of operating the offset program, pursuant to 31 U.S.C. 3716(c)(4). If not otherwise prohibited by law, creditor agencies may add the fees to the debts as administrative costs, pursuant to 31 U.S.C. 3717(e). Section 3716(h) authorizes the Secretary of the Treasury to allow States to participate in administrative offset to collect delinquent State debts so long as the States meet the requirements of 31 U.S.C. 3716(h), including entering into reciprocal agreements with the Secretary of the Treasury. Such reciprocal agreements shall contain any requirements that the Secretary considers appropriate to facilitate offset and prevent duplicative efforts. In order to determine if it is in the best interests of the United States and the States to fully implement reciprocal offsets under this section, FMS invited the States to participate in the development of a pilot program. Three States have chosen to work with FMS to develop and participate in the pilot. The purpose of the pilot is to test systems and procedures to facilitate offset and to evaluate whether the benefits of the program outweigh the costs. FMS will consider information gained from the operation of the pilot, in addition to comments received on this interim rule, before issuing a final rule. Section Analysis
(a)*Scope.* Paragraph
(a)describes the scope of this rule, which governs the administrative offset of Federal nontax payments to collect delinquent debts owed to States in accordance with the requirements of 31 U.S.C. 3716(h). This rule does not apply to the offset of Federal tax refund payments, because the authority for this section—31 U.S.C. 3716—does not authorize the offset of Federal tax refunds to collect debts. This rule also does not apply to the offset of Federal salary payments. While Federal salary payments may be offset under 31 U.S.C. 3716, there are many statutes and regulations that affect Federal salary offsets. FMS has chosen not to address those authorities in this rule. Additionally, this rule does not apply to the collection of past-due support payments. ( *See* 31 CFR 285.1 for rules applicable to administrative offset to collect past-due support).
(b)*Definitions.* Paragraph
(b)of this rule sets forth definitions applicable to this rule. Unless otherwise defined in this rule, all terms have the meanings set forth in section 285.5(b) of this part. As defined in this rule, “administrative offset” is used to describe the offset of Federal payments to collect delinquent State debts. The definition of “State debt” expressly excludes debts owed by other governments. FMS has determined that TOP is not the appropriate tool for resolving issues of indebtedness between State, local and foreign governments. Also, the term “debt” is limited by statute to exclude debts owed by agencies of the United States. *See* 31 U.S.C. 3701(c). The term “State payment offset” means the offset of State payments, pursuant to State law, to collect delinquent Federal nontax debts. The term “reciprocal agreement” is defined to mean a written agreement between FMS and a State, which will govern administrative offset to collect that State's debts and the offset of that State's payments to collect Federal debts.
(c)*General rule.* Paragraph
(c)sets forth the general rule that Federal disbursing officials are authorized to offset Federal payments to collect delinquent State debts as long as the requirements of 31 U.S.C. 3716(h) are met. Among other things, States must enter into reciprocal agreements with FMS that provide for the offset of State payments to collect Federal nontax debts.
(d)*Reciprocal agreements.* Paragraph
(d)sets forth the basic parameters for the reciprocal agreements between FMS and the States. As required by 31 U.S.C. 3716(h)(1)(B)(i), a State must enter into a reciprocal agreement before it may collect its debts through administrative offset under this section. The reciprocal agreement will contain more detailed provisions consistent with this rule. A reciprocal agreement will not necessarily require that each party will offset the exact same types of payments. FMS and the State shall determine which payments will be part of the offset programs in order to make the agreements mutually beneficial and, thus, reciprocal.
(e)*Requirements for administrative offset.* Paragraph
(e)sets forth the requirements for collecting State debts by administrative offset of Federal payments. State debts must meet the same eligibility requirements for administrative offset as Federal debts are required to meet under 31 CFR 285.5(d)(3)(i). States must comply with the same certification requirements as Federal agencies under 31 CFR 285.5(d)(6) except for requirements that are clearly inapplicable to administrative offset under this section. The specific exceptions are establishment of Federal salary offset procedures and the requirement to assess interest on Federal debts. Additionally, with respect to paragraph (d)(6)(ii) of section 285.5 of this part, States will only be required to certify that they have complied with the requirements of 31 U.S.C. 3716 and this section; States are not required to certify compliance with 31 U.S.C. 3720A or 26 U.S.C. 6402, both of which apply to Federal tax refund offsets. States shall also certify that they have complied with any requirements imposed by State law or procedure that may be applicable to administrative offset under this section.
(f)*Debts previously submitted by States for tax refund offset.* Pursuant to 31 CFR 285.8, States have submitted delinquent State income tax obligations to FMS for collection by Federal tax refund offset. At the time of submission, States certified the debts in substantially the same manner as required under this rule, including that the State has given the debtor notice of the State's intention to collect the debt through offset of Federal tax refunds. State income tax obligations may also be collected by administrative offset under this rule. FMS has determined that it is unnecessary to require the States to certify those debts again as a condition to eligibility for administrative offset under this rule. However, with respect to these debts, within 30 days of an administrative offset under this section, the State must notify the debtor in writing that the debtor may exercise the due process rights set forth in paragraph
(e)of this rule, if the State has not previously notified the debtor that Federal payments other than tax refunds are subject to administrative offset, and the debtor has not exercised his or her due process rights prior to the submission of the debt to FMS. This paragraph also notes that nothing in this rule requires the State to duplicate any notice or any opportunity for a hearing or review previously provided to the debtor.
(g)*Federal Payments subject to administrative offset under this section.* Paragraph
(g)states that the types of Federal payments that will be offset to collect a State's debts shall be set forth in the reciprocal agreement. A number of payment types are expressly excluded from administrative offset under this rule. In accordance with the statutory prohibitions contained in 31 U.S.C. 3716(h), disbursing officials may not offset the following payments to collect debts under this rule:
(a)Any payments exempted from offset as set forth in 31 CFR 285.5(e)(2);
(b)payments due to an individual under the Social Security Act;
(c)payments due an individual pursuant to part B of the Black Lung Benefits Act; and
(d)payments due an individual pursuant to any law administered by the Railroad Retirement Board. Additionally, as explained above, offset of Federal tax refunds and salary payments are not authorized by this rule.
(h)*Conducting the administrative offset.* Paragraph
(h)instructs Federal disbursing officials to conduct administrative offset under this rule in the same manner as under 31 CFR 285.5. This paragraph also specifies the priority for applying offset funds when a payment matches with multiple debts in TOP. FMS uses TOP to collect many types of delinquent debts under various legal authorities. If a payment matches with multiple debts, the disbursing official shall apply offset amounts to all other types of debts collected by offset under subpart A of 31 CFR part 285 (i.e., debts owed to Federal agencies and past due support debts) before applying any available amounts to a debt under this rule. Additionally, in accordance with 31 U.S.C. 3716(c)(8), a levy pursuant to the Internal Revenue Code has precedence over offsets under this section. Disbursing officials, therefore, will satisfy a levy to collect tax debts prior to offsetting funds under this section.
(i)*Liability of disbursing officials and payment agencies.* Paragraph
(i)restates the statutory provision that disbursing officials and payment agencies shall not be liable to the payee for nonpayment of any amounts offset under this rule.
(j)*Notification to a State of Federal debt.* Paragraph
(j)addresses the requirements for offsetting a State payment to collect a Federal debt. State payment offset is governed by the law of the State conducting the offset. This paragraph provides that all State law requirements that Federal creditor agencies must meet for State payment offset shall be set forth in the reciprocal agreement. Such requirements shall not exceed the requirements for collecting Federal debts by administrative offset under 31 CFR 285.5(d). This paragraph also provides that FMS will certify to the State conducting the offset that the Federal debts FMS submits to the State have been certified as valid and legally enforceable in accordance with 31 U.S.C. 3716(a).
(k)*Conducting State payment offset.* Paragraph
(k)provides that States shall conduct State payment offset pursuant to the State's laws and regulations. The paragraph sets forth two requirements regarding State payment offset that parallel requirements for conducting administrative offset. First, in the case of a State payment that is payable to two or more joint payees, the entire payment shall be subject to offset to collect the debt of any one of the payees, unless prohibited by State law. Such prohibition must be set forth in the reciprocal agreements. Because the Treasury Offset Program only matches one debtor at a time per payment, FMS will generally not enter into reciprocal agreements that prohibit offsetting a payment to collect a debt owed by only one of the joint payees. Second, if a payment is made to a person solely in that person's capacity as a representative payee for another person having the beneficial interest in the payment, the State disbursing official shall only offset such payments for the debts of the person having the beneficial interest. For example, if a State makes a payment to a minor child, and the payment is made payable to that child's parent as the representative payee for that child, the State shall not offset the payment to collect a debt that the parent owes to the United States. Paragraph
(k)also sets forth the requirement that the State notify the payee of any State payment offset. While the reciprocal agreement may set forth additional requirements, this rule requires, at a minimum, that the notice inform the payee of the type and amount of the payment that was offset, the identity of the Federal agency that requested the offset, and a contact point within the Federal agency that will handle concerns regarding the offset. Operationally, FMS will provide this information to the State at the time FMS requests the State payment offset.
(l)*Limitations.* Paragraph
(l)sets forth limitations on the collectibility of both Federal and State debts. Debts shall remain eligible for State payment offset or administrative offset, as applicable, so long as the debts remain valid and legally enforceable for purposes of offset. Among other things, this means that, unless otherwise provided by law, the debt has not been outstanding for more than 10 years. *See* 31 U.S.C. 3716(e). The 10-year limitation, however, does not apply to collecting debts reduced to judgment by administrative offset. *See* the Federal Claims Collection Standards at 31 CFR 901.3(a)(4). There are no time limitations on collecting Federal judgments. Many State judgments are also not subject to time limitations. Therefore, this rule states that a Federal or State debt that has been reduced to judgment shall remain enforceable for purposes of administrative offset for as long as the judgment remains enforceable against the debtor under the laws applicable to the judgment.
(m)*Fees.* Paragraph
(m)states that FMS will deduct a fee from amounts offset pursuant to this rule. As required by 31 U.S.C. 3716(c)(4), the fee will be in an amount that FMS has determined to be sufficient to reimburse FMS for the full cost of conducting offsets under this section. FMS will notify States and Federal agencies of the amount of the fee in advance. Special Analysis FMS is promulgating this interim rule without opportunity for prior public comment pursuant to the Administrative Procedure Act, 5 U.S.C. 553 (the “APA”), because FMS has determined, for the following reasons, that a comment period would be unnecessary and contrary to the public interest. The DCIA provision authorizing the offset of Federal payments to collect delinquent debt owed to the States pursuant to reciprocal agreements was effective on August 26, 1996. A comment period is unnecessary because this interim rule does not change the ongoing offset process under the TOP, but rather provides guidance for State agencies and Federal disbursing officials to facilitate the addition of State debts into TOP. Under this interim rule, State agencies are required to provide to the debtor the same pre-offset notice, opportunities, and rights to dispute the debt and seek waiver as currently required under 31 U.S.C. 3716 and 3720A and implementing regulations. Since this interim rule provides important guidance ensuring that debtors receive appropriate notices and opportunities from States that elect to participate, FMS believes that it is in the public interest to issue this interim rule without opportunity for prior public comment. For the same reasons, FMS has determined that good cause exists to make this interim rule effective upon publication without providing the 30-day period between publication and the effective date contemplated by 5 U.S.C. 553(d)(3). The public is invited to submit comments on the interim rule, which will be taken into account before a final rule is issued. Regulatory Analysis This interim rule is not a significant regulatory action as defined in Executive Order 12866. Because no notice of proposed rulemaking is required for this rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Federalism This rule has been reviewed under Executive Order 13132, Federalism. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Participation in the program governed by this rule is voluntary for the States, and this rule only sets forth the general procedures for State participation. Additionally, as described above, FMS has worked closely with States in the development of a pilot program that will operate pursuant to this interim rule. As part of that collaborative process, FMS has consulted with the States participating in the pilot regarding the provisions of this rule and the operational requirements for participation. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. List of Subjects in 31 CFR Part 285 Administrative practice and procedure, Black lung benefits, Child support, Claims, Credit, Debts, Disability benefits, Federal employees, Garnishment of wages, Hearing and appeal procedures, Loan programs, Privacy, Railroad retirement, Railroad unemployment insurance, Salaries, Social Security benefits, Supplemental Security Income (SSI), Taxes, Veteran's benefits, Wages. Authority and Issuance For the reasons set forth in the preamble, 31 CFR part 285 is amended as follows: PART 285—DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 1. The authority citation for part 285 continues to read as follows: Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701, 3711, 3716, 3719, 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 216. 2. Section 285.6 is added to part 285, subpart A, to read as follows: § 285.6 Administrative offset under reciprocal agreements with states.
(a)*Scope.*
(1)This section sets forth the rules that apply to the administrative offset of Federal nontax payments to collect delinquent debts owed to States. As set forth in 31 U.S.C. 3716(h), States may participate in administrative offset so long as they meet certain requirements, including entering into reciprocal agreements with the Secretary of the Treasury. Such reciprocal agreements may contain any requirements that the Secretary considers appropriate to facilitate offset. Participation in offset under this section is voluntary for both FMS and the States. This section prescribes the minimum requirements for such reciprocal agreements, including provisions applicable to the offset of State payments, pursuant to State law, to collect delinquent Federal debts. Such offsets are defined in this section as “State payment offsets.”
(2)This section does not apply to the offset of Federal salary payments, Federal tax refunds ( *see* 31 CFR 285.8), or the collection of past-due support debts ( *see* 31 CFR 285.1 and 285.3).
(b)*Definitions.*
(1)Unless otherwise defined in paragraph § 285.5(b) of this subpart.
(2)For purposes of this section: *Administrative offset* has the meaning set forth in 31 U.S.C. 3701(a) and means withholding funds payable by the United States to, or held by the United States for, a person to satisfy a debt owed by the payee. The term *debt* in this definition means a State debt. *Debtor* means a person who owes a debt to the United States or a State. *Federal debt* means any amount of money, funds or property that has been determined by an appropriate official of the Federal government to be owed to the United States by a person, organization, or entity, except another Federal agency. The term includes debt administered by a third party acting as an agent for the Federal Government. For purposes of this section, the term “Federal debt” does not include debts arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 *et seq.* ), the tariff laws of the United States, or the Social Security Act (42 U.S.C. 301 *et seq.* ), except to the extent provided in sections 204(f) and 1631(b)(4) of such Act (42 U.S.C. 404(f) and 1383(b)(4)(A), respectively) and 31 U.S.C. 3716(c). *Offset* means withholding funds payable to a person to satisfy a debt owed by the payee. *Participating State* means a State that has entered into a reciprocal agreement under this section. *Reciprocal agreement* means a written agreement between FMS and a State, entered into pursuant to 31 U.S.C. § 3716(h), which provides for administrative offset and State payment offset. *State* has the meaning set forth in 31 U.S.C. 3701(b)(2) and includes the several states of the United States, the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico. *State debt* means any amount of money, funds or property that has been determined by an appropriate State official to be owed to that State by a person, organization, or entity, except the United States, a foreign sovereign, or another State (including local governments within a State). For purposes of this rule, the term includes debt administered by a third party acting as an agent for the State. *State payment offset* means withholding funds payable by a State to, or held by a State for, a person to satisfy a debt owed by the payee to the United States.
(c)*General rule.* FMS and other disbursing officials of the Federal Government will conduct administrative offset to collect past-due State debts certified to FMS, and participating States will conduct State payment offset to collect delinquent Federal debts in accordance with the terms of reciprocal agreements entered into between the States and FMS, acting on behalf of the Secretary. Upon notification of a delinquent State debt from a participating State to FMS, disbursing officials of the United States shall offset the Federal payments specified in the reciprocal agreement to collect the State debt. The amount offset, minus an offset fee, shall be forwarded to the State to be distributed in accordance with applicable laws and procedures. Upon notification of a delinquent Federal debt from FMS to a participating State, authorized officials of the participating State shall conduct State payment offset as specified in the applicable reciprocal agreement to collect the Federal debt.
(d)*Reciprocal agreements.*
(1)FMS may enter into reciprocal agreements with States for administrative offset and State payment offset. The agreements shall contain any requirements which FMS considers appropriate to facilitate the offset and prevent duplicative efforts, and shall require States to prescribe procedures governing the collection of delinquent State debts which are substantially similar to requirements imposed on Federal agencies pursuant to 31 U.S.C. § 3716(b). States may prescribe such procedures through legislation or regulations, as deemed appropriate by State officials. States which have entered into a reciprocal agreement with FMS pursuant to this section may thereafter request, in the manner prescribed in the reciprocal agreement, that administrative offsets be performed. Such requests shall be made by the appropriate State disbursing official, which, for purposes of this section, means an appropriate official of the State agency that is responsible for collecting the State debt. Reciprocal agreements must be signed by a State official authorized to enter into such agreements.
(2)Once FMS has entered into a reciprocal agreement with a State pursuant to this section, FMS may request that the State perform State payment offsets to collect delinquent Federal debts in accordance with the terms of the reciprocal agreement.
(3)A duly executed reciprocal agreement is required before a State may request an administrative offset pursuant to 31 U.S.C. 3716(h).
(e)*Requirements for submitting State debts for administrative offset—*
(1)*Debt eligibility* . A State debt submitted to FMS for collection by administrative offset must meet the debt eligibility requirements of 31 CFR 285.5(d)(3)(i).
(2)*Certification* . At the time a participating State notifies FMS of a State debt for purposes of collection by administrative offset under this section, the State shall comply with the certification requirements set forth in paragraph 31 CFR 285.5(d)(6) with the following two exceptions:
(i)Paragraph (d)(6)(ii)(E)—Federal salary offset; and
(ii)Paragraph (d)(6)(iii)—Federal requirements for the assessment of interest and penalties to Federal debts. Additionally, with respect to paragraph (d)(6)(ii) of § 285.5, States shall only be required to certify that they have complied with the requirements of 31 U.S.C. 3716 (not 31 U.S.C. 3720A or 26 U.S.C. 6402) and this section 285.6. States shall also certify that they have complied with any requirements imposed by State law or procedure that may be applicable to administrative offset.
(f)*State debts submitted to FMS for tax refund offset prior to the effective date of this section* . A State shall be deemed to have complied with the requirements of paragraph (e)(2) of this section with respect to any State debt that the State certified to Treasury prior to the effective date of this section for collection pursuant to 31 CFR 285.8, *Offset of tax refund payments to collect state income tax obligations* . However, within 30 days of an administrative offset under this section, the State shall notify the debtor in writing that the debtor may exercise the rights set forth in the applicable sections of 31 CFR 285.5(d) as set forth in paragraph
(e)of this section, only if the State has not previously informed the debtor in writing that Federal payments other than tax refunds may be offset to collect the State debt, and the debtor has not exercised such rights previously with respect to the State debt that was collected by the offset. Nothing in this section requires any State to duplicate any notice or any opportunity for a hearing or review provided to the debtor prior to administrative offset.
(g)*Federal Payments subject to administrative offset under this section* .
(1)The Federal payments that will be offset to collect a participating State's debts shall be set forth in the reciprocal agreement. Federal payments that are excluded from administrative offset under this section include:
(i)Any payments described in 31 CFR 285.5(e)(2) “Payments excluded from offset”;
(ii)Payments due to an individual under the Social Security Act;
(iii)Payments due an individual pursuant to part B of the Black Lung Benefits Act;
(iv)Payments due an individual pursuant to any law administered by the Railroad Retirement Board;
(v)Federal tax refunds; and
(vi)Federal salary payments.
(h)*Conducting the administrative offset* .
(1)Disbursing officials shall conduct administrative offset under this section in the same manner as set forth in 31 CFR 285.5(f) through (i).
(2)When a payee owes more than one delinquent State debt which has been referred to FMS for collection, amounts will be applied to delinquent State debts under this section after any amounts offset pursuant to any other section of this subpart A and any amounts levied pursuant 26 U.S.C. 6331.
(i)*Liability of disbursing officials and payment agencies* . Neither the Federal disbursing official nor the agency authorizing the Federal payment shall be liable to a debtor for the amount of the administrative offset on the basis that the underlying obligation, represented by the payment before the administrative offset was taken, was not satisfied.
(j)*Notification to a State of Federal debt* .
(1)A State may set forth in the reciprocal agreement the requirements for FMS to follow when submitting a Federal debt for collection by State payment offset. Such agreements shall set forth all requirements contained in State law for the State payment offset. Such requirements, however, may not exceed the requirements for collecting Federal debts by administrative offset as set forth in § 285.5(d) of this subpart.
(2)FMS shall certify to a participating State that each debt FMS submits for State payment offset has been certified by the Federal creditor agency to be delinquent, valid, and legally enforceable in the amount stated, and that the Federal creditor agency owed the debt has complied with the requirements of 31 U.S.C. 3716(a) prior to submitting the debt for offset.
(k)*Conducting State payment offset.*
(1)An official of a participating State shall conduct State payment offset pursuant to the laws and regulations of the participating State; provided that:
(i)If a payment is owed jointly to more than one payee, the entire payment shall be offset for a debt of either payee, unless otherwise prohibited by law or regulation; and
(ii)If a payment is made to a person solely in that person's capacity as a representative payee for another person having the beneficial interest in the payment, the disbursing official shall offset that payment only to collect debts owed by the person having the beneficial interest in the payment.
(2)Any prohibitions on offsetting a joint payment described in paragraph (k)(1)(i) of this section shall be set forth in the reciprocal agreement.
(3)An official of the participating State shall notify the payee of the State payment offset. The reciprocal agreement may contain detailed guidance and procedures regarding sending such notice, but shall, at a minimum require that the notice inform the payee of:
(i)The type and amount of the payment that was offset;
(ii)The identity of the Federal agency that requested the offset; and
(iii)A contact point within the Federal agency that will handle concerns regarding the offset.
(l)*Limitations* . A debt properly submitted to FMS or the State for administrative offset or State payment offset shall remain subject to collection until withdrawn by the entity that submitted the debt for collection, provided the debt remains past-due and legally enforceable for purposes of administrative offset or State payment offset, as applicable. A debt which has been reduced to a judgment shall remain legally enforceable for purposes of administrative offset and State payment offset for as long as the judgment remains enforceable against the debtor.
(m)*Fees* . FMS shall deduct a fee from each administrative offset and State payment offset amount before transferring the balance of the offset funds to the State or Federal agency owed the debt. Pursuant to 31 U.S.C. 3716(c)(4), the fee will be in an amount that FMS has determined to be sufficient to reimburse FMS for the full cost of the offset procedure. FMS will notify the States and creditor agencies, annually and in advance, of the amount of the fee FMS will charge for each offset. Dated: January 4, 2007. Kenneth R. Papaj, Commissioner. [FR Doc. E7-127 Filed 1-10-07; 8:45 am] BILLING CODE 4810-35-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-006] Drawbridge Operation Regulations; Acushnet River, New Bedford and Fairhaven, MA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 6 highway bridge across the Acushnet River, mile 0.0, between New Bedford and Fairhaven, Massachusetts. Under this temporary deviation a 30-minute advance notice for bridge openings shall be required between 7 a.m. and 5 p.m., Monday through Friday, from January 8, 2007 through February 2, 2007. This deviation is necessary to facilitate emergency bridge fender repairs. DATES: This deviation is effective from January 8, 2007 through February 2, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is
(617)223-8364. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First Coast Guard District, at
(617)223-8364. SUPPLEMENTARY INFORMATION: The Route 6 highway bridge, across the Acushnet River, mile 0.0, between New Bedford and Fairhaven, Massachusetts, has a vertical clearance in the closed position of 8 feet at mean high water and 12 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.585. The owner of the bridge, Massachusetts Highway Department, requested a temporary deviation to facilitate emergency bridge protective fender repairs. The bridge fender system on the east channel was recently damaged by a vessel allision. The damaged fender system must be repaired as soon as possible in the interest of navigational safety. Under this temporary deviation the Route 6 highway bridge shall require at least a 30-minute advance notice for bridge openings between 7 a.m. and 5 p.m., Monday through Friday, from January 8, 2007 through February 2, 2007. The bridge will continue to open in accordance with the normal operating schedule which requires the bridge to open on the hour between 6 a.m. and 10 a.m. and at a quarter past the hour between 11:15 a.m. and 6:15 p.m. However, in order to perform necessary bridge repairs, a 30 minute advance notice for such openings is required between 7 a.m. and 5 p.m., Mondays through Fridays from January 8 through February 2, 2007. During this period the bridge shall open at any time for vessels whose draft exceeds 15 feet. However, such vessels must also provide 30 minute advance notice. In accordance with 33 CFR 117.35, this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 3, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-240 Filed 1-10-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-06-139] Drawbridge Operation Regulations; Shaw Cove, New London, CT AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Bridge across Shaw Cove, mile 0.0., at New London, Connecticut. Under this temporary deviation, an advance notice shall be required for bridge openings during designated bridge opening time periods each day from January 5, 2007 through March 30, 2007; however, bridge openings shall be provided at any time for DDLC Energy, if at least a 24-hour advance notice is given. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from January 5, 2007 through March 30, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 1004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is
(212)668-7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at
(212)668-7195. SUPPLEMENTARY INFORMATION: The Amtrak Bridge, across Shaw Cove at mile 0.0, at New London, Connecticut, has a vertical clearance in the closed position of 3 feet at mean high water and 6 feet at mean low water. The existing drawbridge operation regulations are listed in 33 CFR 117.223. The owner of the bridge, the National Railroad Passenger Corporation, (Amtrak), requested a temporary deviation to facilitate scheduled bridge maintenance, replacement of the rail lifting equipment. The bridge will not be able to open while the bridge maintenance is underway. The normal waterway users are predominantly recreational vessels that do not operate during the winter months this deviation will be in effect. The only oil facility, DDLC Energy, and the few local fishing vessel operators that operate during the winter were contacted regarding this deviation and have agreed to this temporary bridge opening schedule. Under this temporary deviation, the Amtrak Bridge shall operate as follows: The bridge shall open on signal from January 5, 2007 through February 23, 2007, between 5 a.m. and 5:20 a.m. and between 12:45 p.m. and 1:05 p.m., daily after at least a 4-hour advance notice is given. From February 24, 2007 through February 25, 2007, the draw shall open at any time after at least an 8-hour advance notice is given. The bridge shall open on signal from February 26, 2007 through March 30, 2007, between 5 a.m. and 5:20 a.m., 12:45 p.m. and 1:05 p.m. and between 5:15 p.m. and 5:35 p.m., daily after at least a 4-hour advance notice is given. The bridge shall open at any time for DDLC Energy oil delivery vessels after at least a 24-hour advance notice is given. The contact information for providing the advance notice for bridge openings shall be via marine radio channel 123 or by calling
(860)446-3959/3943. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 3, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-239 Filed 1-10-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2006-0638; FRL-8267-7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds From Medical Device Manufacturing AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a State Implementation Plan
(SIP)revision submitted by the Maryland Department of the Environment. This revision pertains to the control of volatile organic compounds from medical device manufacturing. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). EFFECTIVE DATE: This final rule is effective on February 12, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2006-0638. All documents in the docket are listed in the *www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Linda Miller,
(215)814-2068, or by e-mail at *miller.linda@epa.gov.* SUPPLEMENTARY INFORMATION: I. Background On May 31, 2006 and July 5, 2006, the State of Maryland submitted a revision to the State Implementation Plan (SIP). The revision (#06-04) establishes the Reasonably Available Control Technology
(RACT)requirement for Volatile Organic Compounds
(VOC)for medical device manufacturing. Medical Device manufacturing includes the manufacturing of hypodermic products, syringes, catheters, blood handling and other medical devices. EPA proposed approval of the SIP revision on October 10, 2006 (71 FR 59413). II. Summary of SIP Revision The revision establishes the Reasonably Available Control Technology
(RACT)requirement for Volatile Organic Compounds
(VOC)for medical device manufacturing installations that emit or have the potential to emit, 100 pounds or more per day of VOC emissions. Other specific requirements of the provisions of COMAR 26.11.19.31 and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving the VOC RACT requirements for medical device manufacturing including the manufacture of hypodermic products, syringes, catheters, blood handling and other medical devices as a revision to the Maryland SIP. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA(s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 12, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action to approve VOC RACT requirements for medical device manufacturing may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: January 4, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart V—Maryland 2. In § 52.1070, the table in paragraph
(c)is amended by adding an entry for COMAR 26.11.19.31 to read as follows: § 52.1070 Identification of plan.
(c)* * * EPA—Approved Regulations in the Maryland SIP Code of Maryland administrative regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 * * * * * * * 26.11.19 Volatile Organic Compounds from Specific Processes * * * * * * * 26.11.19.31 Control of Volatile Organic Compounds from Medical Device Manufacturing 6/5/06 1/11/07 [Insert page number where the document begins] * * * * * * * [FR Doc. E7-250 Filed 1-10-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2005-MD-0009; FRL-8267-6] Approval and Promulgation of Air Quality Implementation Plans; Maryland; VOC RACT for Perdue Farms, Inc. AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a revision to the Maryland State Implementation Plan (SIP). The revision pertains to a Consent Order establishing volatile organic compound
(VOC)reasonably available control technology
(RACT)for Perdue Farms, Incorporated. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). EFFECTIVE DATE: This final rule is effective on February 12, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2005-MD-0009. All documents in the docket are listed in the *www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Rose Quinto,
(215)814-2182, or by e-mail at *quinto.rose@epa.gov.* SUPPLEMENTARY INFORMATION: I. Background On July 29, 2005 (70 FR 43817), EPA published a notice of proposed rulemaking
(NPR)for the State of Maryland. The NPR proposed approval of the establishment of VOC RACT for Perdue Farms, Inc., located at 6906 Zion Church Road, Wicomico County, Maryland. The formal SIP revision (#05-04) was submitted by the Maryland Department of the Environment
(MDE)on May 31, 2005. Specific requirements of the SIP revision and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. On August 9, 2005, EPA received an adverse comment on its July 29, 2005 NPR. A summary of the comment submitted and EPA's response is provided in Section II of this document. II. Summary of Public Comments and EPA Responses *Comment:* A commenter states that the annual limit is inappropriate because it is not calculated on a rolling basis. Specifically, the VOC limit of 0.3 gallons per ton of soybean processes in a calendar year requires calculation of compliance on a rolling 12-month basis. *Response:* EPA disagrees with this comment. Perdue Farms, Inc. is required by their Title V Operating Permit No. 24-045-00042, issued on August 1, 2005, to report their compliance with the RACT VOC limit of 0.3 gallons per ton on soybeans processed to MDE on a rolling 12-month period (Section 5.5, Reporting Requirements). This is consistent with the requirements of MDE (COMAR 26.11.19.02, Applicability, Determining Compliance, Reporting, and General Requirements) and with 40 CFR 63 Subpart GGGG, National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production, which require these sources to determine compliance with annual VOC emission limits on a rolling 12-month period. III. Final Action EPA is approving the Consent Order establishing VOC RACT for Perdue Farms, Inc. located in Wicomico County, Maryland submitted on May 31, 2005. EPA is approving this SIP submittal because MDE established and imposed requirements in accordance with the criteria set forth in SIP-approved regulations for imposing RACT. MDE has also imposed recordkeeping, monitoring, and testing requirements on this source sufficient to determine compliance with these requirements. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules:
(1)Rules of particular applicability;
(2)rules relating to agency management or personnel; and
(3)rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of particular applicability establishing source-specific requirements for one named source. C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 12, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, pertaining to a Consent Order establishing VOC RACT for Perdue Farms, Inc. located in Wicomico County, Maryland, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: January 4, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart V—Maryland 2. In § 52.1070, the table in paragraph
(d)is amended by adding an entry for Perdue Farms, Inc. at the end of the table to read as follows: § 52.1070 Identification of plan.
(d)* * * EPA-Approved Maryland Source-Specific Requirements Name of source Permit number/type State effective date EPA approval date Additional explanation * * * * * * * Perdue Farms, Inc Consent Order 02/01/05 01/11/07 [Insert page number where the document begins] 52.1070(d)(1) [FR Doc. E7-252 Filed 1-10-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2006-0399; FRL-8267-9] Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of the Allen County 8-hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: On May 30, 2006, the Indiana Department of Environmental Management (IDEM), submitted a request to redesignate the Allen County, Indiana, (Fort Wayne) nonattainment area to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In this submittal, IDEM also requested EPA approval of an Indiana State Implementation Plan
(SIP)revision containing a 14-year maintenance plan for Allen County. EPA is making a determination that the Allen County, Indiana ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Quality-assured monitoring data for 2006 show that the area continues to attain the standard. EPA is also approving the request to redesignate the area to attainment for the 8-hour ozone standard. EPA's approval of the 8-hour ozone redesignation request is based on its determination that Allen County, Indiana has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is also approving as a SIP revision the State's maintenance plan for the area. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year, 8-hour ozone maintenance plan for Allen County. DATES: This final rule is effective on February 12, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2006-0399. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Steven Rosenthal, Environmental Engineer, at
(312)886-6052 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,(312) 886-6052, *rosenthal.steven@epa.gov.* SUPPLEMENTARY INFORMATION: In the following, whenever “we,” “us,” or “our” are used, we mean the United States Environmental Protection Agency. Table of Contents I. What Is the Background for This Rule? II. What Comments Did We Receive on the Proposed Action? III. What Are Our Final Actions? IV. Statutory and Executive Order Review I. What Is the Background for This Rule? Ground-level ozone is not emitted directly by sources. Rather, emissions of nitrogen oxides (NO <sup>X</sup> ) and volatile organic compounds
(VOC)react in the presence of sunlight to form ground-level ozone. NO <sup>X</sup> and VOC are referred to as precursors of ozone. The CAA requires EPA to designate as nonattainment any area that is violating the 8-hour ozone NAAQS based on three consecutive years of air quality monitoring data. EPA designated Allen County as a nonattainment area in a **Federal Register** notice published on April 30, 2004, (69 FR 23857). The CAA contains two sets of provisions—subpart 1 and subpart 2—that address planning and control requirements for nonattainment areas. (Both are found in title I, part D.) Subpart 1 (which EPA refers to as “basic” nonattainment) contains general, less prescriptive, requirements for nonattainment areas for any pollutant—including ozone—governed by a NAAQS. Subpart 2 (which EPA refers to as “classified” nonattainment) provides more specific requirements for ozone nonattainment areas. Some areas are subject only to the provisions of subpart 1. Other areas are also subject to the provisions of subpart 2. Under EPA's 8-hour ozone implementation rule, signed on April 15, 2004, an area was classified under subpart 2 based on its 8-hour ozone design value (i.e., the 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration), if it had a 1-hour design value at or above 0.121 ppm (the lowest 1-hour design value in Table 1 of subpart 2). All other areas are covered under subpart 1, based upon their 8-hour design values. Allen County was originally designated as an 8-hour ozone nonattainment area by EPA on April 30, 2004, (69 FR 23857). At the same time EPA classified Allen County as a subpart 1 8-hour ozone nonattainment area, based on air quality monitoring data from 2001-2003. Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations (i.e., 0.084 ppm) is less than or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further information). The data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness as determined in Appendix I of Part 50. On May 30, 2006, Indiana submitted a request for redesignation of Allen County to attainment for the 8-hour ozone standard. The redesignation request included three years of complete, quality-assured data for the period of 2003 through 2005, indicating the 8-hour NAAQS for ozone had been achieved. The data satisfy the CAA requirements when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm. Under the CAA, nonattainment areas may be redesignated to attainment if sufficient complete, quality-assured data are available for the Administrator to determine that the area has attained the standard and the area meets the other CAA redesignation requirements in section 107(d)(3)(E). II. What Comments Did We Receive on the Proposed Action? EPA provided a 30-day review and comment period on the direct final approval and proposal that were published in the **Federal Register** on August 30, 2006. The direct final approval was withdrawn as a result of comments received on September 4, 2006. Comments from a second commenter were received well after the close of the comment period, but are considered here. These comments, and EPA's responses, follow:
(1)*Comment:* More information is needed to determine if the air quality and enforceable emission reductions meet the requirements for redesignation. Preliminary summer 2006 data is now available. It cannot be determined from the data presented if enforceable emission reductions have taken place in Allen County. *Response:* The Allen County redesignation is based upon air quality monitoring data for 2003-2005 that clearly establishes that the 8-hour ozone standard is being achieved. This air quality monitoring data is described in EPA's August 30, 2006 proposal at 71 FR 51491. Also, quality-assured 2006 data show continuing attainment. Using this 2006 data, the average of the 4th high values for the Leo and Ft. Wayne monitoring sites are 0.077 and 0.072 ppm, respectively. This is well below the violating level of 0.085 ppm. As discussed in the direct final approval, EPA believes that Indiana has demonstrated that the observed air quality improvement in Allen County is due to permanent and enforceable emission reductions resulting from implementation of the SIP, Federal measures, and other state-adopted measures. See the discussion at 71 FR 51493-51494 and Tables 2 and 3. These include Statewide reasonably available control technology
(RACT)rules, the Indiana NO <sup>X</sup> SIP and acid rain control, tier 2 emission standards for vehicles and gasoline sulfur standards, and rules for both on and off-road diesel engines. Indiana has documented both reductions in VOC (4.88 tons/day) and NO <sup>X</sup> (3.81 tons/day) emissions in Allen County between 2002 (a nonattainment year) and 2004 (an attainment year), and also that enforceable emission control requirements have been implemented in Allen County. These controls have contributed to the documented emission reductions. Therefore, we believe that they have caused and contributed to the observed air quality improvement. Finally, as noted above, 2006 data show continued attainment in Allen County.
(2)*Comment:* It appears that cold and wet summers caused the improvement in air quality. Doesn't the Cox/Chu model show that 2003-2005 was an unusual met period? *Response:* EPA's redesignation policy requires the use of three years of air quality data to compensate for the variation in meteorological conditions and their effect on ozone levels. EPA did not consider the Cox/Chu model or any other model to account for year-to-year meteorological deviations. Consideration of such modeling is not required by EPA's redesignation policy.
(3)*Comment:* At the Leo site, 2003-2005 is the first period in the entire site's monitoring history that it did not violate the standard. However, it did have 8 exceedances over 84 ppb. This is more exceedances than 10 of its 17-year history. We know from the met analysis that was done that 2004 was an extremely unusual year with rain and the seventh coldest August on record. *Response:* As discussed in detail in the Direct Final Notice, an area is considered to be in attainment of the 8-hour ozone standard if the 3-year average of the 4th high 8-hour ozone value, for each of the three years, is 84 ppb or lower. Therefore, to determine compliance with the standard, only the 4th high 8-hour ozone values are considered, not the number of exceedances. Also, three years of air quality data are used to allow for year-to-year variations in meteorology. The commenter provides no data supporting the contention that the “lower” ozone concentrations of 2004 completely dominated the 2003-2005 average or that the 2003-2005 period as a whole had ozone averages atypically influenced by meteorology compared to other three-year periods.
(4)*Comment:* EPA should delay redesignation until after the 2005-2007 air quality data is collected and enforceable reduction(s) are made. *Response:* Delay of the redesignation is not necessary because Allen County is in attainment of the 8-hour ozone standard for 2003-2005. Quality-assured 2004-2006 data shows continued attainment and both the (ozone precursor) VOC and NO <sup>X</sup> emissions will continue to decline through 2020, further decreasing peak ozone levels and maintaining ozone attainment. As discussed previously, EPA believes that Indiana has demonstrated that the observed air quality improvement in Allen County is due to permanent and enforceable emission reductions resulting from implementation of the SIP, Federal measures and other state-adopted measures.
(5)*Comment:* The commenter quotes John Stafford, Director, Community Research Institute, Indiana University Purdue University, Fort Wayne as saying: “From an employment perspective, it appears that northeast Indiana hit the low point of the downturn in the last three quarters of 2003 and the first quarter of 2004. In 2006, northeast Indiana should expect to see continued job growth, likely at a pace reflective of that for Indiana statewide. On the conservative end, additional 2,000 to 2,500 jobs to the Fort Wayne-Huntington-Auburn CSA should be very achievable.” The commenter concludes that it appears that reductions came from activity changes and not enforceable reductions. *Response:* Documentation was neither submitted supporting the above employment projections, nor their potential impact on emissions. As set forth above, EPA believes that the improvement in air quality was due to permanent and enforceable emission reductions. Furthermore, Indiana in its maintenance plan considered population and source growth when making its future year emission projections which show decreasing VOC and NO <sup>X</sup> emissions, and continued attainment throughout the maintenance period. It should also be noted that Indiana's and 21 other states' electric generating unit NO <sup>X</sup> emission control rules stemming from EPA's NO <sup>X</sup> SIP Call have already been implemented, with additional NO <sup>X</sup> emission reductions expected through 2007. More specifically for Indiana, Table 3 in the withdrawn direct final notice (at 71 FR 51494) shows that NO <sup>X</sup> emissions have declined substantially from 1999 through 2005 from its electric generating units. Further, Tables 4 and 5 in the withdrawn direct final notice show that VOC and NO <sup>X</sup> emissions in Allen County will continue to decline through 2020. In addition, the Clean Air Interstate Rule, to be implemented beginning in 2006, will further lower NO <sup>X</sup> emissions in upwind areas, resulting in decreased ozone and ozone precursor transport into Allen County—also supporting maintenance of the ozone standard in Allen County.
(6)*Comment:* Another commenter asked EPA to reconsider the adequacy of the 8-hour ozone standard. The commenter stated her belief that the current standard was inadequate to protect Allen County's citizens. (It should be noted that EPA received this comment on October 30, 2006, well after the comment period closed on September 29, 2006.) *Response:* The adequacy of the ozone standard is not at issue in this rulemaking, which is an action to redesignate an area pursuant to the current standard. EPA revised and promulgated the current ozone standard (0.08 ppm, measured over an 8-hour period) on July 18, 1997 (62 FR 38856). This standard was promulgated to better protect public health and is more stringent than the 1-hour ozone standard that was previously in effect. This comment, which was not specific to the Allen County redesignation request, would have more appropriately been submitted in response to the proposal of the existing 8-hour standard; it is not relevant with regard to whether Allen County is attaining the current standard, which is the subject of this redesignation action. III. What Are Our Final Actions? EPA is taking several related actions. EPA is making a determination that the Allen County nonattainment area has attained the 8-hour ozone standard. EPA is also approving the State's request to change the legal designation of the Allen County area from nonattainment to attainment for the 8-hour ozone NAAQS. EPA is also approving Indiana's maintenance plan SIP revision for Allen County (such approval being one of the CAA criteria for redesignation to attainment status). The maintenance plan is designed to keep Allen County in attainment for ozone for the next 14 years, through 2020. In addition, and supported by and consistent with the ozone maintenance plan, EPA is approving the 2020 VOC and NO <sup>X</sup> MVEBs for Allen County for transportation conformity purposes. IV. Statutory and Executive Order Review Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and, therefore, is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Because it is not a “significant regulatory action” under Executive Order 12866 or a “significant energy action,” this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). Regulatory Flexibility Act This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Redesignation of an area to attainment under section 107(d)(3)(E) of the Clean Air Act does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on sources. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Unfunded Mandates Reform Act Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13132: Federalism This action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Redesignation is an action that merely affects the status of a geographical area, and does not impose any new requirements on sources, or allows a state to avoid adopting or implementing additional requirements, and does not alter the relationship or distribution of power and responsibilities established in the Clean Air Act. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Redesignation is an action that affects the status of a geographical area but does not impose any new requirements on sources. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under Section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 12, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review, nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to force its requirements. (See Section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile organic compounds. 40 CFR Part 81 Air pollution control, Environmental protection, National parks, Wilderness areas. Dated: January 3, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart P—Indiana 2. Section 52.777 is amended by adding paragraph
(ff)to read as follows: § 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
(ff)Approval—On May 30, 2006, Indiana submitted a request to redesignate Allen County to attainment of the 8-hour ozone National Ambient Air Quality Standard. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in eight years as required by the Clean Air Act. Also included were motor vehicle emission budgets to determine transportation conformity in Allen County. The 2020 motor vehicle emission budgets are 6.5 tons per day for VOC and 7.0 tons per day for NO <sup>X</sup> . PART 81—[AMENDED] 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 2. Section 81.315 is amended by revising the entry for Fort Wayne, IN: Allen County in the table entitled “Indiana Ozone (8-Hour Standard)” to read as follows: § 81.315 Indiana. Indiana Ozone [8-Hour standard] Designated area Designation a Date 1 Type Classification Date Type * * * * * * * Fort Wayne, IN: Allen County 2/12/07 Attainment * * * * * * * a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. [FR Doc. E7-255 Filed 1-10-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY 48 CFR Parts 3001, 3002, and 3033 [Docket No. DHS-2007-0001] RIN 1601-AA42 Revision of Department of Homeland Security Acquisition Regulation AGENCY: Department of Homeland Security. ACTION: Interim rule with requests for comments. SUMMARY: The Department of Homeland Security
(DHS)is amending its acquisition regulation to reflect a statutorily-mandated jurisdictional change for the agency Board of Contract Appeals from the Department of Transportation Board of Contract Appeals to the Civilian Board of Contract Appeals. DHS is also making several non-substantive amendments to its acquisition regulation in order to reflect organization changes. DATES: This rule is effective January 11, 2007. Comments must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy on or before February 12, 2007, to be considered in the formation of the final rule. ADDRESSES: Please submit written comments, identified by agency name and docket number DHS-2007-0001, by *one* of the following methods:
(1)*Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments.
(2)By mail to the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Oversight, ATTN: Anne Terry, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: Anne Terry, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy, at
(202)447-5253. SUPPLEMENTARY INFORMATION: I. Request for Comments II. Background III. Discussion of Interim Rule IV. Regulatory Requirements A. Executive Order 12866 Assessment B. Regulatory Flexibility Act C. Good Cause To Issue an Interim Rule I. Request for Comments Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule. Comments should be organized by Homeland Security Acquisition Regulation
(HSAR)Part, and address the specific section that is being commented on. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. *See* ADDRESSES above for information on how to submit comments. If you submit comments by mail, please submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you would like DHS to acknowledge receipt of comments submitted by mail, please enclose a self-addressed, stamped postcard or envelope. DHS will consider all comments and material received during the comment period. Docket: For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* . II. Background In the National Defense Authorization Act for Fiscal Year 2006, Congress established the Civilian Board of Contract Appeals (CBCA), and terminated every agency Board of Contract Appeals (BCA), except those for the armed services, the Tennessee Valley Authority, and the U.S. Postal Service. Public Law 109-163, Title VIII, section 847. The General Services Administration
(GSA)announced this change by Notice in the **Federal Register** . *See* 71 FR 65825 (Nov. 9, 2006). In that Notice, GSA stated that, effective January 6, 2007, jurisdiction would be transferred from the BCAs for GSA and the Departments of Agriculture, Energy, Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs to the CBCA. Through January 5, 2007, DHS contract appeals were handled by the Department of Transportation's BCA. However, on January 6, 2007, BCA jurisdiction for DHS transferred to the CBCA. While the statutory change with regard to BCA jurisdiction was self-executing, this rule is required to ensure that the information contained in the HSAR regarding contract appeals is accurate, and corresponds to the requirements of section 847 of the 2006 National Defense Authorization Act. This rule also provides technical amendments to correct organizational information reflected in the HSAR. General changes made to HSAR by this rulemaking are provided in the list below. III. Discussion of Interim Rule The interim rule revises HSAR 48 CFR 3001.104, 3002.270, 3033.201, 3033.211 and 3033.214 to implement Public Law 109-163, Title VIII, Section 847 (jurisdictional change for hearing and deciding contract appeals for DHS). This rule also establishes additional technical amendments at HSAR 48 CFR 3001.105-2 and 3002.101 to correct nomenclature for the Federal Emergency Management Agency in the HSAR. IV. Regulatory Requirements A. Executive Order 12866 Assessment DHS has determined that this interim rule is not a major rule under 5 U.S.C. 804, nor is it a significant regulatory action under Executive Order 12866, Regulatory Planning and Review. It therefore does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order, nor has it been reviewed by the Office of Management and Budget. B. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This interim rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. C. Good Cause To Issue an Interim Rule A determination has been made under the authority of the Secretary of Homeland Security that urgent and compelling reasons exist to promulgate this interim rule regarding jurisdictional changes to hearing and deciding contract appeals for DHS without prior opportunity for public comment. This action is necessary because the effective date for the transfer of jurisdiction from the DOTBCA to the CBCA for DHS contract appeals was January 6, 2007. While the statute is self-executing, DHS believes that it is important to amend its regulations promptly in order to ensure that the regulation reflects accurate information as to the contract appeals process. Moreover, the jurisdictional changes reflected in this rule are the results of Congressional action, rather than a new DHS policy. Accordingly, providing an opportunity to comment before the change is implemented is impracticable and not in the public interest. However, pursuant to Public Law 98-577 and Federal Acquisition Regulation
(FAR)48 CFR 1.501, DHS will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Parts 3001, 3002, and 3033 Government procurement. Dated: January 4, 2007. Elaine C. Duke, Chief Procurement Officer. Accordingly, DHS amends 48 CFR parts 3001, 3002 and 3033 as follows: PART 3001—FEDERAL ACQUISITION REGULATION SYSTEM 1. The authority citation for 48 CFR parts 3001, 3002, and 3033 continues to read as follows: Authority: 41 U.S.C. 418b
(a)and (b). 2. Amend Section 3001.104 by revising paragraphs
(b)and
(c)to read as follows: 3001.104 Applicability.
(b)The Transportation Security Administration
(TSA)exception to this regulation is authorized by the Aviation and Transportation Security Act of 2001 (section 101(a) of Public Law 107-71).
(c)Contracts involving Non-Appropriated Fund Instrumentalities (NAFIs) must contain suitable dispute provisions and may provide for appellate dispute jurisdiction in the Civilian Board of Contract Appeals (CBCA). However, the contract must not attempt to confer court jurisdiction that does not otherwise exist. 3. Amend Section 3001.105-2 by revising paragraph
(a)to read as follows: 3001.105-2 Arrangement of regulations.
(a)General. The HSAR, which encompasses both Department-wide and Component-unique guidance, conforms to the arrangement and numbering system prescribed by 48 CFR 1.105-2. Guidance that is unique to a Component contains the organization's acronym or abbreviation directly following the title. The following acronyms apply: Bureau of Customs and Border Protection (CBP); Bureau of Immigration and Customs Enforcement (ICE); DHS Office of Procurement Operations (OPO); Federal Emergency Management Agency (FEMA); Federal Law Enforcement Training Center (FLETC); Transportation Security Administration (TSA); U.S. Coast Guard (USCG); and U.S. Secret Service (USSS). PART 3002—DEFINITIONS OF WORDS AND TERMS 4. Amend Section 3002.101 by revising the definition for “Component” to read as follows: 3002.101 Definitions. *Component* means the following entities for purposes of this chapter:
(1)Bureau of Customs and Border Protection (CBP);
(2)Bureau of Immigration and Customs Enforcement (ICE);
(3)DHS Office of Procurement Operations (OPO);
(4)Federal Emergency Management Agency (FEMA);
(5)Federal Law Enforcement Training Center (FLETC);
(6)Transportation Security Administration (TSA); (TSA is exempt from the HSAR and HSAM, pursuant to the “Aviation and Transportation Security Act of 2001”);
(7)U.S. Coast Guard (USCG); and
(8)U.S. Secret Service (USSS). 5. Section 3002.270 is revised to read as follows: 3002.270 Abbreviations. CBCA Civilian Board of Contract Appeals CFO Chief Financial Officer CIO Chief Information Officer COCO Chief of the Contracting Office COR Contracting Officer's Representative COTR Contracting Officer's Technical Representative CPO Chief Procurement Officer D&F Determination and Findings FOIA Freedom of Information Act HCA Head of Contracting Activity J&A Justification and Approval for Other than Full and Open Competition KO Contracting Officer MD Management Directive OCPO Office of the Chief Procurement Officer OIG Office of the Inspector General OSDBU Office of Small and Disadvantaged Business Utilization PCR SBA's Procurement Center Representative RFP Request for Proposal SBA Small Business Administration SBS Small Business Specialist SPE Senior Procurement Executive PART 3033—PROTESTS, DISPUTES, AND APPEALS 6. Section 3033.201 is revised to read as follows: 3033.201 Definitions. *Agency Board of Contract Appeals* means the Civilian Board of Contract Appeals (CBCA). 7. Section 3033.211 is revised to read as follows: 3033.211 Contracting Officer's decision. For DHS contracts, the Board of Contract Appeals
(BCA)noted in
(FAR)33.211 is the Civilian Board of Contract Appeals
(CBCA)1800 F Street, NW., Washington, DC 20405. 8. Section 3033.214(c) introductory text is revised to read as follows: 3033.214 Alternate disputes resolution (ADR).
(c)The Administrative Dispute Resolution Act
(ADRA)of 1996, as amended, 5 U.S.C. 571, *et seq.* , authorizes and encourages agencies to use mediation, conciliation, arbitration, and other techniques for the prompt and informal resolution of disputes, and for other purposes. CBCA guidance on ADR may be obtained at *http://www.gsbca.gsa.gov/CBCA-17712-v1-CBCA_ADR_INFORMATION.pdf* or from the CBCA upon request. ADR procedures may be used— [FR Doc. 07-61 Filed 1-8-07; 11:15 am]
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  • 14 CFR 97
  • 1 CFR 51
  • 17 CFR 200
  • 22 CFR 62
  • 31 CFR 285
  • Pub. L. 104-134
  • 31 USC 3720A
  • 33 CFR 117
  • 40 CFR 52
  • Pub. L. 104-4
  • 40 CFR 63
  • 40 CFR 50
  • 40 CFR 81
  • Pub. L. 109-163
  • 48 CFR 3001.104
  • 48 CFR 3001.105-2
  • 5 USC 601-612
  • Pub. L. 98-577
  • 48 CFR 1.501
  • 41 USC 418b
  • Pub. L. 107-71
  • 48 CFR 1.105-2
Citation graph
cites case law
Rules and Regulations
Final rule
U.S.C.§ 552
C.F.R.§ 97.20
Fed. Reg.Notices
U.S.C.§ 106
U.S.C.§ 77o
C.F.R.§ 285.1
Stat.Public Law 104–133
U.S.C.§ 3716
U.S.C.§ 3717
Cite14 CFR 97
Cite1 CFR 51
Cite17 CFR 200
Cites 59 · showing 12Cited by 0 across 0 sources
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