Notices. Notice of exemption

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

BILLING CODE 4910-60-M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34981] Delaware and Hudson Railroad Company, Inc. d/b/a Canadian Pacific Railway—Trackage Rights Exemption—CSX Transportation, Inc. Pursuant to a draft trackage rights agreement, CSX Transportation, Inc.

(CSXT)has agreed to grant overhead trackage rights 1 to Delaware and Hudson Railroad Company, Inc. d/b/a Canadian Pacific Railway (D&H), over CSXT's line of railroad between the connection with D&H at D&H's Kenwood Yard at CSXT milepost 7.14± in Albany, NY, and the connection with CSXT's Castleton Secondary at CSXT's milepost 0.10±; and CSXT's Castleton Secondary at CP-SK and CSXT's Selkirk Yard, in Selkirk, NY, a distance of approximately 7.2± miles. 2 1 D&H's overhead service on the line is limited to trains operated pursuant to a haulage agreement between D&H and CSXT. 2 A redacted version of a draft trackage rights agreement between D&H and CSXT was filed with the notice of exemption. Public and confidential copies of the executed trackage rights agreement (as required by 49 CFR 1180.6(a)(7)(ii)) will be filed within 10 days of the date of its execution. The request for a protective order is being addressed in a separate decision. The transaction is scheduled to be consummated on or after February 16, 2006. The purpose of this transaction is to allow D&H to handle CSXT's trains between Rouses Point, NY, and CSXT's Selkirk Yard pursuant to the aforementioned haulage agreement between the parties. As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN,* 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate,* 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by February 2, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34981, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Leigh K. Currie, Leonard, Street and Deinard, 150 South Fifth Street, Suite 2300, Minneapolis, MI 55402. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: January 22, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-1252 Filed 1-25-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34868] Columbus and Greenville Railway Company—Trackage Rights Exemption—Kansas City Southern Railway Company Pursuant to a trackage rights agreement dated March 3, 2006, between Columbus and Greenville Railway Company

(CAGY)and Kansas City Southern Railway Company (KCSR), KCSR has agreed to grant CAGY nonexclusive overhead trackage rights over KCSR's Tuscaloosa Subdivision between milepost 3.5 west of Columbus, MS (near Artesia, MS), and milepost 15.2 at the connection with the BNSF Railway Company

(BNSF)at Columbus, a total distance of approximately 11.7 miles. 1 1 A redacted version of the trackage rights agreement between CAGY and KCSR was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision. The transaction is scheduled to be consummated on or after February 11, 2007 (the effective date of the exemption). The purpose of the trackage rights is to enable CAGY to provide competitive rail service to a new steel mill being constructed by SeverCorr LLC, at the Lowndes County Industrial Mega Site. 2 2 Specifically, these rights provide CAGY direct access to handle rail traffic between the site of SeverCorr LLC, located in the Lowndes County Industrial Mega Site, at milepost 4.0 near Columbus, on the one hand, and, on the other hand

(1)the Lowndes County Port at milepost 13.4,

(2)the BNSF connection near milepost 15.2,

(3)points on CAGY's lines, and

(4)interchange points with other carriers located on CAGY lines in or east of Columbus, as they existed on October 5, 2005. As a condition to this exemption, any employee affected by the trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN,* 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate,* 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Stay petitions must be filed by February 2, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34868, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at *“http://www.stb.dot.gov.”* Decided: January 22, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-1254 Filed 1-25-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 294X); STB Docket No. AB-55 (Sub-No. 676X)] Norfolk Southern Railway Company—Discontinuance Exemption—in Mercer County, NJ; CSX Transportation, Inc.—Discontinuance Exemption—in Mercer County, NJ AGENCY: Surface Transportation Board, DOT. ACTION: Notice of exemption. SUMMARY: The Board, on its own motion, in a decision served on January 26, 2007, is exempting Norfolk Southern Railway Company and CSX Transportation, Inc. from the prior approval requirements of 49 U.S.C. 10903 to discontinue service over a line of railroad known as the Robbinsville Industrial Track, subject to the employee protective conditions in *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). The line extends between milepost 32.20± and milepost 37.90± in the cities of Hamilton Township and Washington Township, Mercer County, NJ, a distance of approximately 5.7 miles. The decision also grants a petition for reconsideration filed by Mr. James Riffin in a related docket, STB Docket No. AB-167 (Sub-No. 1185X), a proceeding in which Consolidated Rail Corporation filed a notice of exemption to abandon the instant line. DATES: Any offer of financial assistance

(OFA)under 49 CFR 1152.27(c) must be received by the railroad and the Board by February 5, 2007. Provided no OFA has been received, the exemptions will be effective on February 15, 2007. ADDRESSES: An original and 10 copies of all pleadings referring to STB Docket No. AB-290 (Sub-No. 294X) or STB Docket No. AB-55 (Sub-No. 676X) must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. *In addition, send one copy of any pleadings to:*

(1)James R. Paschall, Senior General Attorney, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510;

(2)Steven C. Armbrust, Counsel, CSX Transportation, Inc., 500 Water Street, Jacksonville, FL 32202;

(3)and all parties of record in STB Docket No. AB-167 (Sub-No. 1185X). FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,

(202)565-1609. (Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.) SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision. To purchase a copy of the full decision, write, e-mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; *e-mail: asapdc@verizon.net; telephone:*

(202)306-4004. [Assistance for the hearing impaired is available through FIRS at 1-800-877-8339.] Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: January 18, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. E7-1115 Filed 1-25-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34982] James Riffin d/b/a The Northern Central Railroad—Acquisition and Operation Exemption—in Baltimore City, MD James Riffin d/b/a The Northern Central Railroad (NCR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 2.2 miles of the line formerly known as the Maryland and Pennsylvania Railroad line, located between the northerly side of the former Pennsylvania Railroad right-of-way, where the Maryland and Pennsylvania Railroad connected to the former Pennsylvania Railroad line near Pennsylvania Station, along, adjacent and parallel to Falls Road, a distance of approximately 1.4 miles, to where the Maryland and Pennsylvania Railroad right-of-way passed under 29th Street, together with the 0.8-mile long switchback that connected the Maryland and Pennsylvania Railroad to the former Baltimore and Ohio Railroad, on the north side of North Avenue, all in Baltimore City, MD. 1 NCR proposes to interchange with CSX Transportation, Inc., and/or Norfolk Southern Railway Company. NCR also states that no agreement has been reached, but states that agreements are expected to be executed sometime after the filing of its notice. 1 NCR describes the line it wishes to acquire as part of the “former Maryland and Pennsylvania Railroad.” If, indeed, the line is not part of an existing line of railroad, a verified notice must be filed under 49 U.S.C. 10901 and 49 CFR 1150.31, rather than 49 U.S.C. 10902 and 49 CFR 1150.41. NCR certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. The earliest this transaction may be consummated is the February 11, 2007 effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than February 2, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34982, must be filed with the Surface Transportation Board, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on James Riffin d/b/a The Northern Central Railroad, 1941 Greenspring Drive, Timonium, MD 21093. Board decisions and notices are available on our Web site at “ *http://www.stb.dot.gov* .” Decided: January 22, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-1251 Filed 1-25-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 430X); STB Docket No. AB-1040X] BNSF Railway Company—Abandonment Exemption—in Oklahoma County, OK; Stillwater Central Railroad, Inc.—Discontinuance of Service Exemption—in Oklahoma County, OK AGENCY: Surface Transportation Board, DOT. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502(a), on its own motion, the Board is granting an individual exemption from the prior approval requirements of 49 U.S.C. 10903 for Stillwater Central Railroad, Inc.

(SLWC)to discontinue service over approximately 0.95 miles of railroad in Oklahoma City, Oklahoma County, OK. A petition to reject the notice of exemption filed by SLWC is granted. The Board is affirming BNSF Railway Company's

(BNSF)use of the class exemption to abandon 2.95 miles of the line and denying a petition to reject the notice of exemption filed by BNSF. DATES: The SLWC exemption will be effective on February 25, 2007. Petitions to stay must be filed by February 12, 2007. Petitions to reopen must be filed by February 20, 2007. ADDRESSES: An original and 10 copies of all pleadings referring to STB Docket No. AB-6 (Sub-No. 430X) and STB Docket No. AB-1040X must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of all pleadings must be served on petitioners' representative: Sidney L. Strickland, Jr., 3050 K Street, NW., Suite 101, Washington, DC 20007. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,

(202)565-1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] SUPPLEMENTARY INFORMATION: On September 23, 2005, BNSF and SLWC filed a joint notice of exemption under 49 CFR 1152 Subpart F— *Exempt Abandonments and Discontinuances of Service* for BNSF to abandon and SLWC to discontinue service over the aforementioned rail line. Notice of the exemptions was served and published in the **Federal Register** on October 13, 2005 (70 FR 59802), and the exemptions were scheduled to take effect on November 12, 2005. On November 9, 2005, Bio-Energy Wellness Center and North American Transportation Institute filed a petition to reject the notices. In a decision being served simultaneously with this notice, the Board is concluding that SLWC does not qualify for the class exemption under which it filed its notice. However, on its own motion, the Board is granting SLWC an individual exemption and is publishing this notice to inform interested parties of that action. Additional information is contained in the Board's decision. To purchase a copy of the full decision, write to, e-mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail: *asapdc@verizon.net;* telephone:

(IRS)*OMB Number:* 1545-1449. *Type of Review:* Extension. *Title:* Cash Reporting by Court Clerks. *Forms:* 8300. *Description:* Section 60501(g) imposes a reporting requirement on criminal court clerks that receive more than $10,000 in cash as bail. The IRS will use the information to identify individuals with large cash incomes. Clerks must also furnish the information to the United States Attorney for the jurisdiction in which the individual charged with the crime resides and to each person posting the bond whose name appears on Form 8300. *Respondents:* Federal Government. *Estimated Total Burden Hours:* 125 hours. *Clearance Officer:* Glenn P. Kirkland,

(202)622-3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. *OMB Reviewer:* Alexander T. Hunt,

(202)395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E7-1237 Filed 1-25-07; 8:45 am] BILLING CODE 4830-01-P 72 17 Friday, January 26, 2007 CORRECTIONS !!!Dominique DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0151] Oriental Fruit Fly; Addition and Removal of Quarantined Areas in California Correction In rule document E7-801 beginning on page 2597 in the issue of Monday, January 22, 2007 make the following correction: On page 2597, in the first column, under the DATES heading, in the second line “January 22, 2006 ” should read “January 22, 2007 ”. [FR Doc. Z7-801 Filed 1-25-07; 8:45 am] BILLING CODE 1505-01-D Amelia DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 301 and 602 [TD 9300] Guidance Necessary to Facilitate Business Electronic Filing Correction In rule document E6-20734 beginning on page 71040 in the issue of Friday December 8, 2006, make the following correction: On page 71045, in the third column, in the document signature, in the second and third lines, “Deputy Commissioner for Services and Enforcement” should read “Acting Deputy Commissioner for Services and Enforcement”. [FR Doc. Z6-20734 Filed 1-25-07; 8:45 am] BILLING CODE 1505-01-D !!!Lois!!! ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [Docket No. OW-2004-0001; FRL-8261-7] RIN 2040-AD93 Unregulated Contaminant Monitoring Regulation

(UCMR)for Public Water Systems Revisions Correction In rule document E6-22123 beginning on page 368 in the issue of Thursday, January 4, 2007 make the following corrections: § 141.40 [Corrected] 1. On page 394, in § 141.40(a)(3), in Table 1, under the heading “ **Nitrosamines** ”, the table is corrected starting with the sixth row to read as follows: Table 1.—UCMR Contaminant List [List 2: Screening Survey Chemical Contaminants] 1—Contaminant 2—CAS registry number 3—Analytical methods a 4—Minimum reporting level b 5—Sampling location c 6—Period during which monitoring to be completed * * * * * Nitrosamines * * * * * N-nitrosopyrrolidine

(NPYR)930-55-2 EPA 521 h 0.002 μg/L DSMRT and EPTDS 1/1/2008-12/31/2010 [List 3: Pre-Screen Testing to be Sampled After Notice of Analytical Methods Availability] 1—Contaminant 2—CAS registry number 3—Analytical methods a 4—Minimum reporting level b 5—Sampling location c 6—Period during which monitoring to be completed Reserved i Reserved i Reserved i Reserved i Reserved i Reserved i * * * * * [FR Doc. Z6-22123 Filed 1-25-07; 8:45 am] BILLING CODE 6560-50-P 72 17 Friday, January 26, 2007 Presidential Documents Part II The President Executive Order 13423—Strengthening Federal Environmental, Energy, and Transportation Management Title 3— The President Executive Order 13423 of January 24, 2007 Strengthening Federal Environmental, Energy, and Transportation Management By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the environmental, energy, and transportation management of Federal agencies, it is hereby ordered as follows: **Section 1.** *Policy* . It is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities under the law in support of their respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. **Sec. 2.** *Goals for Agencies* . In implementing the policy set forth in section 1 of this order, the head of each agency shall:

(a)improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by

(i)3 percent annually through the end of fiscal year 2015, or

(ii)30 percent by the end of fiscal year 2015, relative to the baseline of the agency's energy use in fiscal year 2003;

(b)ensure that

(i)at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and

(ii)to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use;

(c)beginning in FY 2008, reduce water consumption intensity, relative to the baseline of the agency's water consumption in fiscal year 2007, through life-cycle cost-effective measures by 2 percent annually through the end of fiscal year 2015 or 16 percent by the end of fiscal year 2015;

(d)require in agency acquisitions of goods and services

(i)use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and

(ii)use of paper of at least 30 percent post-consumer fiber content;

(e)ensure that the agency

(i)reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency,

(ii)increases diversion of solid waste as appropriate, and

(iii)maintains cost-effective waste prevention and recycling programs in its facilities;

(f)ensure that

(i)new construction and major renovation of agency buildings comply with the *Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings set forth in the Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding (2006)* , and

(ii)15 percent of the existing Federal capital asset building inventory of the agency as of the end of fiscal year 2015 incorporates the sustainable practices in the Guiding Principles;

(g)ensure that, if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005,

(i)reduces the fleet's total consumption of petroleum products by 2 percent annually through the end of fiscal year 2015,

(ii)increases the total fuel consumption that is non-petroleum-based by 10 percent annually, and

(iii)uses plug-in hybrid

(PIH)vehicles when PIH vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehicles; and

(h)ensure that the agency

(i)when acquiring an electronic product to meet its requirements, meets at least 95 percent of those requirements with an Electronic Product Environmental Assessment Tool (EPEAT)-registered electronic product, unless there is no EPEAT standard for such product,

(ii)enables the Energy Star feature on agency computers and monitors,

(iii)establishes and implements policies to extend the useful life of agency electronic equipment, and

(iv)uses environmentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life. **Sec. 3.** *Duties of Heads of Agencies* . In implementing the policy set forth in section 1 of this order, the head of each agency shall:

(a)implement within the agency sustainable practices for

(i)energy efficiency, greenhouse gas emissions avoidance or reduction, and petroleum products use reduction,

(ii)renewable energy, including bioenergy,

(iii)water conservation,

(iv)acquisition,

(v)pollution and waste prevention and recycling,

(vi)reduction or elimination of acquisition and use of toxic or hazardous chemicals,

(vii)high performance construction, lease, operation, and maintenance of buildings,

(viii)vehicle fleet management, and

(ix)electronic equipment management;

(b)implement within the agency environmental management systems

(EMS)at all appropriate organizational levels to ensure

(i)use of EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions,

(ii)establishment of agency objectives and targets to ensure implementation of this order, and

(iii)collection, analysis, and reporting of information to measure performance in the implementation of this order;

(c)establish within the agency programs for

(i)environmental management training,

(ii)environmental compliance review and audit, and

(iii)leadership awards to recognize outstanding environmental, energy, or transportation management performance in the agency;

(d)within 30 days after the date of this order

(i)designate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be responsible for implementation of this order within the agency,

(ii)report such designation to the Director of the Office of Management and Budget and the Chairman of the Council on Environmental Quality, and

(iii)assign the designated official the authority and duty to

(A)monitor and report to the head of the agency on agency activities to carry out subsections

(a)and

(b)of this section, and

(B)perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate;

(e)ensure that contracts entered into after the date of this order for contractor operation of government-owned facilities or vehicles require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles;

(f)ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after the date of this order require, to the extent the head of the agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's compliance with this order;

(g)provide reports on agency implementation of this order to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require; and

(h)provide information and assistance to the Director of the Office of Management and Budget, the Chairman of the Council, and the Federal Environmental Executive. **Sec. 4.** *Additional Duties of the Chairman of the Council on Environmental Quality* . In implementing the policy set forth in section 1 of this order, the Chairman of the Council on Environmental Quality:

(i)shall establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Director of the Office of Management and Budget and the Chairman of the Council on the performance of their functions under this order that shall consist exclusively of

(A)the Federal Environmental Executive, who shall chair, convene and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee, and

(B)the senior officials designated under section 3(d)(i) of this order, and

(ii)may establish subcommittees of the Steering Committee, to assist the Steering Committee in developing the advice of the Steering Committee on particular subjects;

(b)may, after consultation with the Director of the Office of Management and Budget and the Steering Committee, issue instructions to implement this order, other than instructions within the authority of the Director to issue under section 5 of this order; and

(c)shall administer a presidential leadership award program to recognize exceptional and outstanding environmental, energy, or transportation management performance and excellence in agency efforts to implement this order. **Sec. 5.** *Duties of the Director of the Office of Management and Budget* . In implementing the policy set forth in section 1 of this order, the Director of the Office of Management and Budget shall, after consultation with the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning:

(a)periodic evaluation of agency implementation of this order;

(b)budget and appropriations matters relating to implementation of this order;

(c)implementation of section 2(d) of this order; and

(d)amendments of the Federal Acquisition Regulation as necessary to implement this order. **Sec. 6.** *Duties of the Federal Environmental Executive* . A Federal Environmental Executive designated by the President shall head the Office of the Federal Environmental Executive, which shall be maintained in the Environmental Protection Agency for funding and administrative purposes. In implementing the policy set forth in section 1 of this order, the Federal Environmental Executive shall:

(a)monitor, and advise the Chairman of the Council on, performance by agencies of functions assigned by sections 2 and 3 of this order;

(b)submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to implement this order; and

(c)advise the Chairman of the Council on the Chairman's exercise of authority granted by subsection 4(c) of this order. **Sec. 7.** *Limitations* .

(a)This order shall apply to an agency with respect to the activities, personnel, resources, and facilities of the agency that are located within the United States. The head of an agency may provide that this order shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States.

(b)The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determination under subsection

(a)of this section, in a manner consistent with the policy set forth in section 1 of this order to the extent the head of the agency determines practicable. **Sec. 8.** *Exemption Authority* .

(a)The Director of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure.

(b)The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the head of an agency determines necessary to protect undercover operations from unauthorized disclosure.

(i)The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 10.

(ii)Heads of agencies shall manage fleets to which paragraph

(i)of this subsection refers in a manner consistent with the policy set forth in section 1 of this order to the extent they determine practicable.

(d)The head of an agency may submit to the President, through the Chairman of the Council, a request for an exemption of an agency activity, and related personnel, resources, and facilities, from this order. **Sec. 9.** *Definitions* . As used in this order:

(a)“agency” means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office;

(b)“Chairman of the Council” means the Chairman of the Council on Environmental Quality, including in the Chairman's capacity as Director of the Office of Environmental Quality;

(c)“Council” means the Council on Environmental Quality;

(d)“environmental” means environmental aspects of internal agency operations and activities, including those environmental aspects related to energy and transportation functions;

(e)“greenhouse gases” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;

(f)“life-cycle cost-effective” means the life-cycle costs of a product, project, or measure are estimated to be equal to or less than the base case (i.e., current or standard practice or product);

(g)“new renewable sources” means sources of renewable energy placed into service after January 1, 1999;

(h)“renewable energy” means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project;

(i)“energy intensity” means energy consumption per square foot of building space, including industrial or laboratory facilities;

(j)“Steering Committee” means the Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management established under subsection 4(b) of this order;

(k)“sustainable” means to create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations of Americans; and

(l)“United States” when used in a geographical sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands, and associated territorial waters and airspace. **Sec. 10.** *General Provisions* .

(a)This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(b)Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(c)This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees or agents, or any other person. **Sec. 11.** *Revocations; Conforming Provisions* .

(a)The following are revoked:

(i)Executive Order 13101 of September 14, 1998;

(ii)Executive Order 13123 of June 3, 1999;

(iii)Executive Order 13134 of August 12, 1999, as amended;

(iv)Executive Order 13148 of April 21, 2000; and

(v)Executive Order 13149 of April 21, 2000.

(b)In light of subsection 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107), not later than January 1 of each year through and including 2010, the Secretary of Defense shall submit to the Senate and the House of Representatives a report regarding progress made toward achieving the energy efficiency goals of the Department of Defense.

(c)Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is amended by striking “Executive Order 13148 of April 21, 2000” and inserting in lieu thereof “other executive orders”. GWBOLD.EPS THE WHITE HOUSE, January 24, 2007. [FR Doc. 07-374 Filed 1-25-07; 8:50 am]

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