Unknown. Final rule, amendments

88,608 words·~403 min read·/register/2007/03/08/07-1067

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-03-08.xml --- 72 45 Thursday, March 8, 2007 Contents Agriculture Agriculture Department See Forest Service See Rural Utilities Service Air Force Air Force Department PROPOSED RULES Military training and schools: Air Force Academy Preparatory School; application and selection, disenrollment and assignment procedures, 10436-10438 E7-4129 Army Army Department NOTICES Environmental statements; availability, etc.: Fort Lee, VA; base closure and realignment, 10502 07-1072 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, E7-4133 10537-10540 E7-4177 Coast Guard Coast Guard RULES Drawbridge operations:

Connecticut, 10358 E7-4112 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Milwaukee Captain of the Port Zone, WI, 10358-10359 E7-4109 South Portland, ME, 10360-10362 E7-4115 Upper Chesapeake Bay and C & D Canal; MD, VA, and Washington DC; correction, 10359-10360 E7-3957 PROPOSED RULES Anchorage regulations: Virginia, 10438-10443 E7-4111 E7-4113 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Lower Colorado River, Laughlin, NV, 10443-10445 E7-4114 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Reports and guidance documents; availability, etc.: FY 2007-2012 Strategic Plan draft; comment request, 10491 E7-4116 Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.: Subprime mortgage lending; policy statement, 10533-10537 07-1083 Defense Defense Department See Air Force Department See Army Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10502 E7-4108 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Smaller Learning Communities Program, 10502-10507 E7-4228 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Burley Design, LLC, et al.; correction, 10558 E7-4058 Cranston Print Works Co., 10558 E7-4062 Delphi Corp., 10559 E7-4063 Duro Textiles, LLC, 10559 E7-4065 Eaton Corp., 10559 E7-4066 First Alert/BRK Brands Inc. et al., 10559-10560 E7-4059 Hewlett Packard Co. et al., 10560-10562 E7-4060 Weyerhaeuser Co., E7-4061 10562-10563 E7-4064 Yamaha Corp. of America, 10563 E7-4067 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Natural gas exportation and importation:

ConocoPhillips Alaska Natural Gas Corp. and Marathon Oil Co., 10507-10509 E7-4162 EPA Environmental Protection Agency RULES Air quality implementation plans: Preparation, adoption, and submittal— Nonattainment New Source Review (NSR), 10367-10380 E7-3888 Air quality implementation plans; approval and promulgation; various States: Iowa, 10380-10382 E7-4179 PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— Prevention of significant deterioration and nonattainment new source review; reasonable possibility in recordkeeping, 10445-10453 E7-3897 Air quality implementation plans; approval and promulgation; various States:

Iowa, 10453-10454 E7-4178 NOTICES Committees; establishment, renewal, termination, etc.: Clean Air Scientific Advisory Committee, 10527-10528 E7-4168 Meetings: Aircraft public water systems; workshop, 10528-10529 E7-4174 Reports and guidance documents; availability, etc.: Metals risk assessment framework, 10529 E7-4035 Superfund; response and remedial actions, proposed settlements, etc.: Jernigan Trucking Dump Site, FL, 10529-10530 E7-4172 Equal Equal Employment Opportunity Commission NOTICES Meetings;

Sunshine Act, 10530 07-1108 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 10348-10349 E7-3840 Boeing, 10344-10346 E7-3006 EADS SOCATA, 10342-10344 E7-3990 Glasflugel, 10346-10348 E7-3989 Pacific Aerospace Corp. Ltd. Correction, 10349-10350 E7-4130 Pratt & Whitney, 10350-10352 E7-4139 Class D and E airspace, 10353 E7-3920 Class E airspace Correction, 10353 E7-3922 Low altitude reporting points Correction, 10354 E7-3921 Offshore airspace areas Correction, 10354 E7-3924 Standard instrument approach procedures, 10354-10356 E7-3680 PROPOSED RULES Airworthiness directives:

Empresa Braileira de Aeronautica S.A. (EMBRAER), 10429-10431 E7-4128 REIMS AVIATION S.A., 10431-10433 E7-4131 NOTICES Airport noise compatibility program: Noise exposure maps— Laredo International Airport, TX, 10582-10583 07-1076 Meetings: Government/Industry Aeronautical Charting Forum, 10583-10584 07-1075 RTCA, Inc., 10584 07-1074 FDIC Federal Deposit Insurance Corporation NOTICES Reports and guidance documents; availability, etc.: Subprime mortgage lending; policy statement, 10533-10537 07-1083 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Louisiana, 10391-10392 E7-4152 Various States, 10382-10404 E7-4156 E7-4157 PROPOSED RULES Flood elevation determinations: Illinois and North Carolina, 10474-10477 E7-4155 New Mexico, Texas and Virginia, 10470-10474 E7-4154 Various States, 10466-10470 E7-4153 NOTICES Agency information collection activities; proposals, submissions, and approvals, 10540-10541 E7-4161 Meetings: National Fire Academy Board of Visitors, 10541 E7-4151 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Standards of conduct:

Natural gas pipeline transmission providers, 10433 E7-4117 NOTICES Electric rate and corporate regulation combined filings, 10510 E7-4118 Environmental statements; availability, etc.: Questar Pipeline Co., 10510-10511 E7-4121 UGI LNG, Inc., 10511-10512 E7-4120 Hydroelectric applications, 10512-10514 E7-3968 E7-4122 Practice and procedure: Natural gas company affiliates; jurisdiction over gathering services; reassertion criteria, 10514-10527 E7-4074 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., 10509-10510 E7-4119 Federal Highway Federal Highway Administration NOTICES Environmental statements; record of decision:

Florence-Eugene Highway; Lane County, OR, 10584-10585 E7-4136 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 10530 E7-4101 Casualty and nonperformance certificates: Ambassadors International, Inc., et al., 10530-10531 E7-4085 E7-4105 Ocean transportation intermediary licenses: Aeronet, Inc., et al., 10531 E7-4106 Berr International, Inc., et al., 10531-10532 E7-4094 Carie Freight, Inc.; correction, 10532 E7-4107 Landmark Freight, Inc., et al., 10532-10533 E7-4102 Federal Reserve Federal Reserve System NOTICES Reports and guidance documents; availability, etc.:

Subprime mortgage lending; policy statement, 10533-10537 07-1083 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Longnose sucker, 10477-10480 E7-4081 NOTICES Endangered and threatened species: Incidental take permits— Volusia County, FL; Florida scrub-jay, 10546-10547 E7-4135 Little Mariana fruit bat, etc.; various States; 5-year review, 10547-10550 E7-3624 Environmental statements; availability, etc.: Incidental take permits— Copper Mountain Community College District, CA; desert tortoise, 10551-10552 E7-4138 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Melengestrol, etc., 10357-10358 E7-4100 Color additives: GRAS substances; technical amendments, 10356-10357 E7-4104 Forest Forest Service NOTICES Environmental statements; notice of intent: Idaho Panhandle National Forest, ID and WA, 10489-10490 07-1082 Meetings: Roadless Area Conservation National Advisory Committee, 10490 E7-4143 Government Government Ethics Office RULES Executive branch regulations: Post-employment conflict of interest restrictions, 10339-10342 E7-4167 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration RULES Federal claims collection:

Interest rates on overdue debts, 10404-10419 E7-4002 Involuntary salary offset, 10419-10426 E7-4005 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Practice and procedure: Interior Board of Land Appeals, 10454-10466 E7-3774 NOTICES Meetings:

Delaware & Lehigh National Heritage Corridor Commission, 10546 07-1078 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China, 10491-10492 E7-4165 Heavy forged hand tools, finished or unfinished, with or without handles, from— China, 10492-10498 E7-4166 Welded large diameter line pipe from— Japan and Mexico, 10498-10500 E7-4164 Export trade certificates of review, 10500-10501 E7-4148 E7-4149 International International Trade Commission NOTICES Import investigations:

Clad steel plate from— Japan, 10556 E7-4144 Polyvinyl alcohol from— Taiwan, 10556-10557 E7-4145 Justice Justice Department NOTICES Pollution control; consent judgments: AGI-VR Wesson Co., et al., 10557-10558 07-1070 Franks Petroleum, Corp., et al., 10558 07-1069 Labor Labor Department See Employment and Training Administration Minerals Minerals Management Service NOTICES Royalty management: Uintah and Ouray Reservation, UT; Indian oil valuation, 10552-10553 E7-4150 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Aedifico Biosciences, Inc., 10563-10564 E7-4099 National Credit National Credit Union Administration NOTICES Reports and guidance documents; availability, etc.: Subprime mortgage lending; policy statement, 10533-10537 07-1083 National National Institute for Literacy NOTICES Meetings: Advisory Board, 10564 E7-4132 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands Pacific cod, 10428 07-1084 Northeastern United States fisheries— Northeast multispecies, 10426-10428 07-1067 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species Commercial shark management measures, 10480-10488 07-1085 NOTICES Meetings: West Coast sablefish and longnose skate; pre-assessment workshop and public meeting, 10501-10502 E7-4090 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 10553-10555 07-1079 07-1080 07-1081 Environmental statements; availability, etc.: Sagamore Hill National Historic Site, NY; general management plan, 10555-10556 E7-4134 Nuclear Nuclear Regulatory Commission NOTICES Plants and materials; physical protection:

Radioactive materials of concern security; safeguards information protection, and fingerprinting and criminal history record check requirements, 10564-10570 E7-4158 E7-4159 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Wounded Warriors, President's Commission on Care for America's Returning, and Task Force on Returning Global War on Terror Heroes; establishment (EO 13426), 10587-10591 07-1137 RUS Rural Utilities Service NOTICES Environmental statements; record of decision:

Earth Resources, Inc., 10490-10491 E7-4110 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 10570-10571 07-1105 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 10571-10579 E7-4053 E7-4124 E7-4125 Depository Trust Co., 10579-10580 E7-4056 Fixed Income Clearing Corp., 10580-10581 E7-4055 National Securities Clearing Corp., 10581 E7-4054 SBA Small Business Administration NOTICES Organization, functions, and authority delegations:

Administrator; line of succession, 10581-10582 E7-4180 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10582 E7-4160 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Maryland, 10433-10436 E7-4147 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Subprime mortgage lending; policy statement, 10533-10537 07-1083 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extensions, etc.: Sudan, 10541-10546 E7-4097 Veterans Veterans Affairs Department RULES Medical benefits: Informed consent; designated health care professionals, 10365-10367 E7-4142 Servicemembers’ and veterans’ group life insurance: Traumatic injury protection, 10362-10365 E7-4141 Separate Parts in This Issue Part II Executive Office of the President, Presidential Documents, 10587-10591 07-1137 Readers Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 45 Thursday, March 8, 2007 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2641 RIN 3209-AA14 Post-Employment Conflict of Interest Restrictions; Exemption of Positions and Revision of Departmental Component Designations AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule, amendments. SUMMARY: The Office of Government Ethics is issuing this rule to provide notice of the exemption of certain senior employees' positions from the one-year post-employment restriction of 18 U.S.C. 207(c), to revoke certain existing department component designations, and to designate an additional component for purposes of that provision. DATES: The amendment to appendix A to part 2641 (as set forth in amendatory paragraph 2), is effective March 8, 2007.

The amendments to appendix B to part 2641 (as set forth in amendatory paragraph 3) are effective March 8, 2007. Finally, the removal of the entire listing for the Department of Homeland Security in appendix B to part 2641 (as set forth in amendatory paragraph 4) is effective June 6, 2007. FOR FURTHER INFORMATION CONTACT: Shelley K. Finlayson, Attorney-Advisor/Congressional Liaison Officer, or William E. Gressman, Senior Associate General Counsel, Office of General Counsel and Legal Policy, Office of Government Ethics, Telephone: 202-482-9300; *TDD:* 202-482-9293; *FAX:* 202-482-9237.

SUPPLEMENTARY INFORMATION: A. Substantive Discussion Exemption of Positions 18 U.S.C. 207(c) prohibits a former “senior employee” for a period of one year from knowingly making, with the intent to influence, any communication to or appearance before an employee of the department or agency in which he served in any capacity during the one-year period prior to termination from senior service, if that communication or appearance is made on behalf of any other person, except the United States.

For purposes of 18 U.S.C. 207, a “senior employee” is any employee (other than an individual covered by the “very senior employee” one-year restriction in 18 U.S.C. 207(d)) who was employed in a position for which the rate of pay is specified in or fixed according to the Executive Schedule, in a position for which the rate of basic pay is equal to or greater than 86.5 percent of the rate of basic pay payable for level II of the Executive Schedule, or in a position which is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade is O-7 or above.

The term includes those individuals appointed by the President to a position under 3 U.S.C. 105(a)(2)(B) or by the Vice President to a position under 3 U.S.C. 106(a)(1)(B). The term also includes any person who was assigned from a private sector organization to an agency under the Information Technology Exchange Program, 5 U.S.C. chapter 37. An individual is subject to section 207(c) as a result of service as a special Government employee only if the individual served 60 or more days as a special Government employee during the one-year period before terminating service as a senior employee.

The representational bar of 18 U.S.C. 207(c) usually applies to all senior positions. However, 18 U.S.C. 207(c)(2)(C) provides that whenever the Director of OGE determines, after a review requested by the department or agency concerned, that the imposition of the restrictions with respect to a particular position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and granting the waiver would not create the potential for use of undue influence or unfair advantage, the position or category of positions is exempted from the one-year representational prohibition.

Any senior employee position is eligible for exemption except persons: Employed at a rate of pay specified in or fixed according to subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule); in positions whose occupants are appointed by the President pursuant to 3 U.S.C. 105(a)(2)(B); in positions whose occupants are appointed by the Vice President pursuant to 3 U.S.C. 106(a)(1)(B); or assigned by a private sector organization to an agency under the Information Technology Exchange Program.

Positions exempted from 18 U.S.C. 207(c) are listed in appendix A to 5 CFR part 2641, OGE's regulation governing the executive branch post-employment conflict of interest restrictions. The Director of OGE regularly reviews the position exemptions and, in consultation with the department or agency concerned, makes such additions and deletions as are necessary. As specified in 5 CFR 2641.201(d)(3)(iii), the Director shall respond to each initial exemption request from agency ethics officials and annually publish a compilation of all exempted positions or categories of positions.

Section 2641.201(d)(5) further provides that, before exempting a position or positions from 18 U.S.C. 207(c), the Director must find:

(1)That granting the exemption would not create the potential for use by former senior employees of undue influence or unfair advantage based on past Government service; and

(2)that the imposition of the restriction would create an undue hardship on the particular department or agency in obtaining qualified personnel to fill such positions. Relevant factors for the second finding may include the payment of a special rate of pay to the incumbent of the position pursuant to specific statutory authority or a requirement that the incumbent of the position have outstanding qualifications in a scientific, technological, or other technical discipline. Pursuant to the procedures prescribed in 5 CFR 2641.201(d), one agency forwarded two written requests in 2003 to OGE requesting that its listing in appendix A be amended. Securities and Exchange Commission In 2003, the Securities and Exchange Commission

(SEC)requested that the Director of OGE exempt various new positions (termed “SK” positions) from 18 U.S.C. 207(c). These positions previously had been classified at GS-15 and below. However, when the SEC implemented “pay parity” authority under Pub. L. 107-123 to improve recruitment and retention, these positions then exceeded the pay threshold of 18 U.S.C. 207(c)(2)(A)(2) despite no increase in duties or responsibilities. Also included in one of the SEC requests was the position of Deputy Chief Litigation Counsel, Division of Enforcement, a position which itself is supervised by a position that was already exempted by OGE effective on October 29, 1991. After carefully reviewing the changes requested by the SEC in light of the criteria in 18 U.S.C. 207(c)(2)(C) as implemented in 5 CFR 2641.201(d)(5), the then-Director of OGE granted these requests by letters dated November 10, 2003 and December 4, 2003. OGE is now amending appendix A to part 2641 to include these additional exempted SEC positions, retroactively effective to those respective dates (as parenthetically indicated in the amended appendix listing for the SEC positions concerned). An exemption “shall be effective as of the effective date of the Director's written response to the designated agency ethics official indicating that the request for exemption has been granted.” 5 CFR 2641.201(d)(4). Once granted, the exemptions inured to the benefit of the individuals who held the positions when the exemptions took effect and their successors, but were not effective as to employees who terminated senior service from such positions prior to the effective date of the exemptions. Revocation and Addition of Departmental Components The representational bar of 18 U.S.C. 207(c) also usually extends to the whole of any department or agency in which a former senior employee served in any capacity during the year prior to termination from a senior employee position. However, 18 U.S.C. 207(h) provides that whenever the Director of OGE determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate component of that department or agency. As a result, a former senior employee who served in a “parent” department or agency is not barred by 18 U.S.C. 207(c) from making communications to or appearances before any employees of any designated component of that parent, but is barred as to employees of that parent or of other components that have not been separately designated. Moreover, a former senior employee who served in a designated component of a parent department or agency is barred from communicating to or making an appearance before any employee of that component, but is not barred as to any employee of the parent or of any other component. Under 18 U.S.C 207(h)(2), component designations do not apply to persons employed at a rate of pay specified in or fixed according to subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule). Component designations are listed in appendix B to 5 CFR part 2641. The Director of OGE regularly reviews the component designations and determinations and, in consultation with the department or agency concerned, makes such additions and deletions as are necessary. Specifically, the Director “shall by rule make or revoke a component designation after considering the recommendation of the designated agency ethics official.” 5 CFR 2641.201(e)(3)(iii). Before designating an agency component as distinct and separate for purposes of 18 U.S.C. 207(c), the Director must find that there exists no potential for use by former senior employees of undue influence or unfair advantage based on past Government service, and that the component is an agency or bureau within a department or agency that exercises functions which are distinct and separate from the functions of the parent department or agency and from the functions of other components of that parent. 5 CFR 2641.201(e)(6). Pursuant to the procedures prescribed in 5 CFR 2641.201(e), two departments have forwarded written requests to OGE to amend their respective listings in appendix B. After carefully reviewing the requested changes in light of the criteria in 18 U.S.C. 207(h) as implemented in 5 CFR 2641.201(e)(6), the Director of OGE has determined to grant these requests and amend appendix B to 5 CFR part 2641 as explained below. Department of Homeland Security The Department of Homeland Security

(DHS)has requested that OGE remove all separate components from the DHS listing as designated at 69 FR 68053-68056 (November 23, 2004). The Department has determined that a single, undifferentiated organization for purposes of 18 U.S.C. 207(c) is in the best interest of DHS, the Government, and the public as DHS strives to establish a single, unified workforce. Accordingly, because the former components no longer exercise functions which are distinct and separate, the OGE Director is granting the request of DHS and is amending appendix B to part 2641 to remove the entire listing for DHS, including all of the DHS components. As 5 CFR 2641.201(e)(4) provides, a component designation “shall be effective as of the effective date of the rule that creates the designation, but shall not be effective as to employees who terminated senior service prior to that date.” Initial component designations were effective as of January 1, 1991. The effective date of subsequent designations is indicated by means of parenthetical entries in appendix B to part 2641, November 23, 2004 in the case of DHS components as noted above. A revocation is effective 90 days after the effective date of the rule that revokes the designation. Accordingly, the component designation revocations made in this rulemaking will take effect June 6, 2007. Revocations are not effective as to any individual terminating senior service prior to the expiration of the 90-day period. Department of Justice The Department of Justice has requested that OGE designate the Office on Violence Against Women

(OVW)as a distinct and separate component of the Department of Justice

(DOJ)except as to the Office of Justice Programs

(OJP)for purposes of 18 U.S.C. 207(c). Legislation passed in 2002 established OVW as a separate and distinct office within DOJ. Pub. L. 107-273, codified at 42 U.S.C. 3796gg-0(b). However, because OVW continues to work closely with OJP on a number of initiatives, DOJ has not requested that OVW be considered separate from OJP, but only from other designated DOJ components. Accordingly, the Director is granting the request of DOJ and therefore is amending the DOJ listing in appendix B to part 2641 to designate OVW as a new component as discussed. B. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553, as the Director of the Office of Government Ethics, I find that good cause exists for waiving the general requirements for notice of proposed rulemaking, opportunity for public comment, and, except as to the component designation revocations (see the preamble discussion above), a 30-day delayed effective date. It is important and in the public interest that the codification of OGE's previous designations of additional exempted positions as well as the designation revocations and new designation herein by OGE of the specified separate departmental components, which reflect the current organization of the concerned departments, be published in the **Federal Register** and take effect as promptly as possible. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rule will not have a significant economic impact on a substantial number of small entities because it affects only Federal departments and agencies and current and former Federal employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply to this rule because it does not contain information collection requirements that require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), the final rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this rulemaking involves a non-major rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register** . Executive Order 12866 In promulgating this final rule, the Office of Government Ethics has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. This rule has not been reviewed by the Office of Management and Budget under that Executive order since it deals with agency organization, management, and personnel matters and is not “significant” under the order. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects in 5 CFR Part 2641 Conflict of interests, Government employees. Approved: March 1, 2007. Robert I. Cusick, Director, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2641 as follows: PART 2641—POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS 1. The authority citation for part 2641 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 2. Effective March 8, 2007, appendix A to part 2641 is amended by revising the listing for the Securities and Exchange Commission to read as follows: Appendix A to Part 2641—Positions Exempted From 18 U.S.C. 207(c) Agency: Securities and Exchange Commission Positions: Solicitor, Office of General Counsel (effective October 29, 1991). Chief Litigation Counsel, Division of Enforcement (effective October 29, 1991). Deputy Chief Litigation Counsel, Division of Enforcement (effective November 10, 2003). SK-17 positions (effective November 10, 2003). SK-16 and lower-graded SK positions supervised by employees in SK-17 positions (effective November 10, 2003). SK-16 and lower-graded SK positions not supervised by employees in SK-17 positions (effective December 4, 2003). 3. Effective March 8, 2007, appendix B to part 2641 is amended by revising the listings for the Department of Homeland Security and the Department of Justice to read as follows: Appendix B to Part 2641—Agency Components for Purposes of 18 U.S.C. 207(c) Parent: Department of Homeland Security Components: Directorate of Emergency Preparedness and Response (effective November 23, 2004; expiring June 6, 2007). Directorate of Information Analysis and Infrastructure Protection (effective November 23, 2004; expiring June 6, 2007). Directorate of Science and Technology (effective November 23, 2004; expiring June 6, 2007). Federal Law Enforcement Training Center (effective November 23, 2004; expiring June 6, 2007). Transportation Security Administration (effective November 23, 2004; expiring June 6, 2007). United States Secret Service (effective November 23, 2004; expiring June 6, 2007). United States Coast Guard (effective November 23, 2004; expiring June 6, 2007). Parent: Department of Justice *Components:* Antitrust Division. Bureau of Alcohol, Tobacco, Firearms and Explosives (effective November 23, 2004). Bureau of Prisons (including Federal Prison Industries, Inc.). Civil Division. Civil Rights Division. Community Relations Service. Criminal Division. Drug Enforcement Administration. Environment and Natural Resources Division. Executive Office for United States Attorneys 2 (effective January 28, 1992). 2 The Executive Office for United States Attorneys shall not be considered separate from any Office of the United States Attorney for a judicial district, but only from other designated components of the Department of Justice. Executive Office for United States Trustees 3 (effective January 28, 1992). 3 The Executive Office for United States Trustees shall not be considered separate from any Office of the United States Trustee for a region, but only from other designated components of the Department of Justice. Federal Bureau of Investigation. Foreign Claims Settlement Commission. Independent Counsel appointed by the Attorney General. Office of Justice Programs. Office of the Pardon Attorney (effective January 28, 1992). Offices of the United States Attorney (94). 4 4 Each Office of the United States Attorney for a judicial district shall be considered a separate component from each other such office. Offices of the United States Trustee (21). 5 5 Each Office of the United States Trustee for a region shall be considered a separate component from each other such office. Office on Violence Against Women 6 (effective March 8, 2007). 6 The Office on Violence Against Women shall not be considered separate from the Office of Justice Programs, but only from other designated components of the Department of Justice. Tax Division. United States Marshals Service (effective May 16, 1997). United States Parole Commission. Effective June 6, 2007, appendix B to part 2641 is further amended by removing the listing for the Department of Homeland Security (and all of the components thereunder). [FR Doc. E7-4167 Filed 3-7-07; 8:45 am] BILLING CODE 6345-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26233; Directorate Identifier 2006-CE-63-AD; Amendment 39-14979; AD 2007-05-18] RIN 2120-AA64 Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the finding of an improper geometry of some pulley brackets, which can offset the cable in the sheave. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 12, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 12, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Albert J. Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*

(816)329-4119; *fax:*

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on December 7, 2006 (71 FR 70908). That NPRM proposed to require a detailed inspection of the aileron control cable pulleys and brackets, and apply corrective actions as necessary. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. EADS SOCATA believes the FAA should reference the changes in the NPRM of the compliance time from 10 hours time-in-service

(TIS)in the MCAI and service bulletin to 50 hours TIS in the NPRM in the “FAA AD Differences” section. The FAA sometimes needs to change compliance times for enforceability reasons. We normally do not include that as an FAA AD Difference in an AD action, unless it affects the actions being done. However, since this compliance time change was significant, we will note it as a difference. The difference will state that the MCAI and service bulletin requires the action at 10 hours TIS. Typically, this short of a compliance time would indicate an unsafe condition requiring urgent action. However, we did not consider this unsafe condition to be an urgent safety of flight condition and issued this action through the normal notice of proposed rulemaking

(NPRM)AD process. The time of 50 hours TIS is an adequate compliance for this AD action and met the FAA requirements of an NPRM followed by a final rule. EADS SOCATA comments that EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-134, dated July 2005, is not an Alert. The FAA agrees and changes the reference to the service information in the final rule. EADS SOCATA states that the costs of the required parts is about $450 per product and not the $8,600 per product that is in the Costs of Compliance section of the NPRM. EADS SOCATA also estimates that it would take 2.5 work-hours to inspect and 8.5 work-hours to replace the nonconforming parts, if necessary. This total of 11 work-hours is less than the 12 work-hours that the FAA estimates in the NPRM. The FAA agrees and has changed the Costs of Compliance section in the final rule to reflect the above costs. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance We estimate that this AD will affect 55 products of U.S. registry. We also estimate that it will take about 11 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $450 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $73,150, or $1,330 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. *For the reasons discussed above, I certify this AD:*

(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)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-05-18 EADS SOCATA:** Amendment 39-14979; Docket No. FAA-2006-26233; Directorate Identifier 2006-CE-63-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 12, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Model TBM 700 airplanes, serial numbers 261 through 268 and 270 through 323, certificated in any category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states the finding of an improper geometry of some pulley brackets, which can offset the cable in the sheave. If not corrected, this could reduce the ability to control the roll of the aircraft. Actions and Compliance

(e)Unless already done, within the next 50 hours time-in-service after April 12, 2007 (the effective date of this AD), accomplish a detailed inspection of the aileron control cable pulleys and brackets, and apply corrective actions as necessary, following EADS SOCATA Mandatory Service Bulletin SB 70-134, dated July 2005. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The MCAI and service bulletin require the action at 10 hours TIS. We consider 10 hours TIS as an urgent safety of flight compliance time, and we do not consider this unsafe condition to be an urgent safety of flight condition. Because we do not consider this unsafe condition to be an urgent safety of flight condition, we issued this action through the normal notice of proposed rulemaking

(NPRM)AD process. The time of 50 hours TIS is an adequate compliance for this AD action and met the FAA requirements of an NPRM followed by a final rule. Other FAA AD Provisions

(f)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, *ATTN:* Albert J. Mercado, Aerospace Safety Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*

(816)329-4119; *fax:*

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et. seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(g)Refer to Direction générale de l'aviation civile

(DGAC)Airworthiness Directive No. F-2005-133, dated August 3, 2005, for related information. Material Incorporated by Reference

(h)You must use EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-134, dated July 2005, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; *telephone:* 33 (0)5 62 41 73 00; *fax:* 33 (0)5 62 41 76 54; or SOCATA AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., Pembroke Pines, FL 33023; *telephone:*

(954)893-1400; *fax:*

(954)964-4141.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at 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/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on March 1, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3990 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25000; Directorate Identifier 2006-NM-096-AD; Amendment 39-14955; AD 2005-24-03 R1] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-600, -700, -700C, and -800 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is revising an existing airworthiness directive

(AD)that applies to certain Boeing Model 737-600, -700, -700C, and -800 series airplanes. That AD currently requires inspecting/measuring the length of the attachment fasteners between the nacelle support fittings and the lower wing skin panels, and related investigative/corrective actions if necessary. That AD resulted from a report from the manufacturer that in production, during the installation of certain attachment fasteners for the nacelle support fittings, only one washer was installed instead of two. This new AD corrects errors found in the existing AD. We are issuing this AD to prevent inadequate fastener clamp-up, which could result in cracking of the fastener holes, cracking along the lower wing skin panels, fuel leaking from the wing fuel tanks onto the engines, and possible fire. DATES: The effective date of this AD is April 12, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 12, 2007. On December 28, 2005 (70 FR 70713, November 23, 2005), the Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 737-57-1275, Revision 1, dated August 18, 2005. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6440; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with an airworthiness directive

(AD)to revise AD 2005-24-03, amendment 39-14383 (70 FR 70713, November 23, 2005). The existing AD applies to certain Boeing Model 737-600, -700, -700C, and -800 series airplanes. The proposed AD was published in the **Federal Register** on June 13, 2006 (71 FR 34026). That action proposed to continue to require inspecting/measuring the length of the attachment fasteners between the nacelle support fittings and the lower wing skin panels, and related investigative/corrective actions if necessary. That action also proposed to correct errors found in the existing AD. Comment We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. Request To Cite Revised Service Information Boeing states that, subsequent to the drafting of the subject AD, Boeing Service Bulletin 737-57-1275, Revision 2, dated July 12, 2006, was issued. Boeing notes that Revision 2 will aid operators in completing the required tasks by more effectively and efficiently performing the inspections, while reducing the likelihood of introducing damage reported during completion of the previous revisions. Boeing recommends that Boeing Service Bulletin 737-57-1275, Revision 3, dated October 17, 2006, be incorporated into the NPRM, which further improves ease in completing the required tasks. (Revision 3 was not yet issued when the comment was submitted, but has since been issued.) We agree with this request. We have reviewed Revision 3 of the referenced service bulletin which specifies that no more work is necessary on airplanes changed as shown in the original issue, dated September 4, 2003; Revision 1, dated August 18, 2005; and Revision 2, dated July 12, 2006. (We referred to Revision 1 in the NPRM as the appropriate source of service information for accomplishing the required actions.) We have determined that Revision 3 shows changes of operators in the effectivity and clarifies the oversize limits for replacement fasteners, but does not add any further actions or increase the economic burden on operators. Therefore, we have changed the AD to add Boeing Service Bulletin 737-57-1275, Revision 3, dated October 17, 2006, as the appropriate source of service information for accomplishing the requirements in paragraph

(f)of this AD after the effective date of this AD. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 751 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. The requirements that were previously required by AD 2005-24-03 are retained in this AD; this AD adds no additional economic burden on U.S. operators. The current costs are repeated for the convenience of affected operators, as follows: Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection/Measurement 12 $65 Nominal $780 302 $235,560 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. *For the reasons discussed above, I certify that this AD:*

(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)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-14383 (70 FR 70713, November 23, 2005) and adding the following new airworthiness directive (AD): **2005-24-03 R1 Boeing:** Amendment 39-14955. Docket No. FAA-2006-25000; Directorate Identifier 2006-NM-096-AD. Effective Date

(a)The effective date of this AD is April 12, 2007. Affected ADs

(b)This AD revises AD 2005-24-03. Applicability

(c)This AD applies to Boeing Model 737-600, -700, -700C, and -800 series airplanes; line numbers 1 through 761 inclusive, except for line numbers 596, 683, 742, 749, 750, 751, 754, 755, 759, and 760; certificated in any category. Unsafe Condition

(d)This AD results from a determination that errors were inadvertently included in the existing AD. We are issuing this AD to prevent inadequate fastener clamp-up, which could result in cracking of the fastener holes, cracking along the lower wing skin panels, fuel leaking from the wing fuel tanks onto the engines, and possible fire. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection/Measurement and Related Investigative and Corrective Actions

(f)At the applicable time specified in paragraph (f)(1) or (f)(2) of this AD: Inspect/measure the length of certain attachment fasteners between the lower wing skin panels and the nacelle support fittings. Do the inspection/measurement, and all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737-57-1275, Revision 1, dated August 18, 2005. After the effective date of this AD only Boeing Service Bulletin 737-57-1275, Revision 3, dated October 17, 2006; shall be used.

(1)For Model 737-700 series airplanes modified by Supplemental Type Certificate

(STC)ST00830SE as of December 28, 2005 (the effective date of AD 2005-24-03): Accomplish the actions at the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.

(i)Prior to the accumulation of 25,000 total flight hours or 25,000 total flight cycles, whichever is first.

(ii)Within 12 months after December 28, 2005.

(2)For all other airplanes: Accomplish the actions at the later of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.

(i)Prior to the accumulation of 30,000 total flight hours or 30,000 total flight cycles, whichever is first.

(ii)Within 12 months after December 28, 2005.

(g)If accomplishing a corrective action as required by paragraph

(f)of this AD, and the service bulletin specifies to contact Boeing for repair information: Before further flight, do the repair using a method approved in accordance with paragraph

(i)of this AD. Actions Accomplished According to Previous Issue of Service Bulletin

(h)Actions accomplished before December 28, 2005, in accordance with Boeing Service Bulletin 737-57-1275, dated September 4, 2003; are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)AMOCs approved previously in accordance with AD 2005-24-03, are approved as AMOCs for the corresponding provisions of this AD.

(3)Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(4)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference

(j)You must use the service information identified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 1.—All Material Incorporated by Reference Boeing Service Bulletin Revision level Date 737-57-1275 1 August 18, 2005. 737-57-1275 3 October 17, 2006.

(1)The Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 737-57-1275, Revision 3, dated October 17, 2006; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On December 28, 2005 (70 FR 70713, November 23, 2005), the Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 737-57-1275, Revision 1, dated August 18, 2005.

(3)Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 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/cfr/ibr-locations.html* . Issued in Renton, Washington, on February 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3006 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24709; Directorate Identifier 2006-CE-28-AD; Amendment 39-14980; AD 2007-05-19] RIN 2120-AA64 Airworthiness Directives; Glasflugel Models H 301 “Libelle,” H 301B “Libelle,” Standard “Libelle,” and Standard Libelle-201B Sailplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA adopts a new airworthiness directive

(AD)for all Glasflugel Models H 301 “Libelle,” H 301B “Libelle,” Standard “Libelle,” and Standard Libelle-201B sailplanes. This AD requires you to replace the rudder actuator arm (manufactured according to drawing No. 301-45-10) with an improved design rudder actuator arm (manufactured following drawing No. 301-45-13). This AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. We are issuing this AD to detect and correct damage to the rudder actuator arm, which could result in failure of the rudder actuator arm. This failure could result in reduced or loss of rudder control. DATES: This AD becomes effective on April 12, 2007. As of April 12, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: To get the service information identified in this AD, contact Glasflugel, Glasfaser-Flugzeug-Service GmbH, Hansjory Steifeneder, Hofener Weg, 72582 Grabenstetten, Federal Republic of Germany; telephone: 011 49 7382 1032. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov* . The docket number is FAA-2006-24709; Directorate Identifier 2006-CE-28-AD. FOR FURTHER INFORMATION CONTACT: Gregory Davison, Glider Project Officer, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On August 4, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Glasflugel Models H 301 “Libelle,” H 301B “Libelle,” Standard “Libelle,” and Standard Libelle-201B sailplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on August 11, 2006 (71 FR 46128). The NPRM proposed to require you to replace the rudder actuator arm (manufactured according to drawing No. 301-45-10) with an improved design rudder actuator arm (manufactured following drawing No. 301-45-13). Comments We provided the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and FAA's response to the comment: Comment Issue: Service Documents and Parts Manufacturer Approval Jack Buster of the Modification and Replacement Parts Association (MARPA) requests the following be incorporated into the regulatory action: 1. Service documents deemed essential to the accomplishment of this proposed action be incorporated by reference and published in the Docket Management System (DMS); and 2. The issue of parts manufacturer approval

(PMA)be addressed in the proposed action and that all Directorates within the FAA treat the issue the same per Section 1, paragraph (b)(10) of Executive Order 12866. We agree that the service documents are essential and should be incorporated by reference. However, we do not incorporate by reference any document in a proposed AD action; instead we incorporate by reference the document in the final rule. Since we are issuing the proposal as a final rule AD action, the service information referenced in this action will be incorporated by reference. We are currently reviewing issues surrounding the posting of service bulletins in the Department of Transportation's DMS as part of the AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. On the PMA issue, Mr. Buster's comments are timely in that the FAA is currently reviewing this issue as it applies to all products: Transport airplanes, commuter airplanes, general aviation airplanes, engines and propellers, rotorcraft, and appliances. The FAA acknowledges that there are different ways of addressing this issue to ensure that unsafe PMA parts are identified and addressed. Once we have thoroughly examined all aspects of this issue including input from industry and have made a final determination, we will consider developing a standardized approach and standardized language on how to address PMA parts in airworthiness directives. We have determined that to delay this AD action would be inappropriate since an unsafe condition exists and that replacement of certain parts must be done to ensure continued safety. Therefore, we have made no change to the AD in this regard. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these are minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 160 airplanes in the U.S. registry. We estimate the following costs to do the replacement of the rudder actuator arm (manufactured according to drawing No. 301-45-10): Labor Cost Parts cost Total cost per airplane Total cost on U.S. operators 3 work-hours × $80 per hour = $240 $150 $390 $62,400 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-24709; Directorate Identifier 2006-CE-28-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding a new AD to read as follows: **2007-05-19 Glasflugel:** Amendment 39-14980; Docket No. FAA-2006-24709; Directorate Identifier 2006-CE-28-AD. Effective Date

(a)This AD becomes effective on April 12, 2007. Affected ADs

(b)None. Applicability

(c)This AD affects Models H 301 “Libelle,” H 301B “Libelle,” Standard “Libelle,” and Standard Libelle-201B sailplanes, all serial numbers, that are certificated in any category. Unsafe Condition

(d)This AD results from mandatory continuing airworthiness information

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)Replace the rudder actuator arm (manufactured according to drawing No. 301-45-10) with an improved design actuator arm (manufactured following drawing No. 301-45-13) Within the next 30 days after April 12, 2007 (the effective date of this AD), unless already done Follow Glasfaser-Flugzeug-Service GmbH Hansjörg Streifeneder Technical Note No. 201-35 and No. 301-39, dated March 1, 2005.

(2)Do not install any rudder actuator arm (manufactured according to drawing No. 301-45-10) As of April 12, 2007 (the effective date of this AD) Not applicable. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Standards Office, Small Airplane Directorate, FAA, ATTN: Gregory Davison, Glider Project Officer, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(g)German AD Number D-2005-118, dated April 4, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(h)You must use Glasfaser-Flugzeug-Service GmbH Hansjörg Streifeneder Technical Note No. 201-35 and No. 301-39, dated March 1, 2005, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Glasflugel, Glasfaser-Flugzeug-Service GmbH, Hansjory Steifeneder, Hofener Weg, 72582 Grabenstetten, Federal Republic of Germany; telephone: 011 49 7382 1032.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 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* . Issued in Kansas City, Missouri, on March 1, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3989 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26706; Directorate Identifier 2006-NM-216-AD; Amendment 39-14974; AD 2007-05-13] RIN 2120-AA64 Airworthiness Directives; Airbus Model A319, A320, and A321 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Airbus Model A319, A320, and A321 airplanes. This AD requires installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable. This AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are issuing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane. DATES: This AD becomes effective April 12, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 12, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2125; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A319, A320, and A321 airplanes. That NPRM was published in the **Federal Register** on December 28, 2006 (71 FR 78105). That NPRM proposed to require installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the one comment received. The commenter, Airbus, the manufacturer, supports the NPRM. New Revision of Service Bulletin Since we issued the NPRM, we have received Revision 02 of Airbus Service Bulletin A320-25-1294, dated September 5, 2006. Revision 02 was issued to update the effectivity and kit information. We have updated the service bulletin reference in paragraph

(f)of the AD to be Revision 02, and added Revision 01 of the service bulletin to paragraph

(g)of the AD, “Credit for Actions Done According to Previous Issues of Service Bulletin.” Conclusion We have carefully reviewed the available data, including the single comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 1 airplane of U.S. registry. The required actions take about 4 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $2,049 per airplane. Based on these figures, the estimated cost of this AD for the U.S. operator is $2,369. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. For the reasons discussed above, I certify that this AD:

(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)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-05-13 Airbus:** Amendment 39-14974. Docket No. FAA-2006-26706; Directorate Identifier 2006-NM-216-AD. Effective Date

(a)This AD becomes effective April 12, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Airbus Model A319, A320, and A321 airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. This AD excludes Airbus Model A319, A320, and A321 airplanes identified in paragraph (c)(3) of this AD, certificated in any category.

(1)Including airplanes on which one of the following has been incorporated in production: Airbus Modification 20065, 20040, 24495, 24848, 24496, 21895, 21896, 25905, 25907, 22601, 22602, 27187, 28319, 28322, 28330, 28335, or 31797.

(2)Including airplanes on which one of the following has been incorporated in service: Airbus Service Bulletin A320-25-1132, A320-25-1133, A320-25-1145, A320-25-1175, A320-25-1177, A320-25-1276, A320-25-1278, A320-28-1134, or A320-28-1141.

(3)Excluding airplanes on which both Airbus Modifications 32244 and 32245, or both Airbus Modifications 32316 and 32317, have been incorporated in production. Unsafe Condition

(d)This AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are issuing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Installation

(f)Within 36 months after the effective date of this AD, install spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1294, Revision 02, dated September 5, 2006. Credit for Actions Done According to Previous Issues of Service Bulletin

(g)Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A320-25-1294, dated March 14, 2003; and Revision 01, dated March 27, 2006; are acceptable for compliance with the corresponding requirements of paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(i)European Aviation Safety Agency

(EASA)airworthiness directive 2006-0184, dated July 3, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(j)You must use Airbus Service Bulletin A320-25-1294, Revision 02, dated September 5, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 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/cfr/ibr-locations.html.* Issued in Renton, Washington, on February 22, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3840 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26285; Directorate Identifier 2006-CE-69-AD; Amendment 39-14932; AD 2007-04-01] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Corporation Ltd Model 750XL Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This document makes a correction to Airworthiness Directive

(AD)2007-04-01, which was published in the **Federal Register** on February 14, 2007 (72 FR 6931), and applies to certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. AD 2007-04-01 requires that you inspect the rivets in the fuselage roof at STN 180.85, BL 19.67, WL 86.2, and replace undersize rivets. Current language in § 39.13 [Amended] of AD 2007-04-01 references “* * *” instead of “2007-04-01.” This document corrects that paragraph by changing the reference from “* * *” to “2007-04-01.” DATES: The effective date of this AD (2007-04-01) remains March 21, 2007. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On February 5, 2007, the FAA issued AD 2007-04-01, Amendment 39-14932 (72 FR 6931, February 14, 2007), which applies to certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. AD 2007-04-01 requires you to inspect the rivets in the fuselage roof at STN 180.85, BL 19.67, WL 86.2, and replace undersize rivets. Current language in § 39.13 [Amended] of AD 2007-04-01 references “* * *” instead of “2007-04-01.” Need for the Correction This correction is needed to specify the correct AD number (2007-04-01) for AD 2007-04-01. Correction of Publication Accordingly, the publication of February 14, 2007 (72 FR 6931), of Amendment 39-14932; AD 2007-04-01, which was the subject of FR Doc. E7-2318, is corrected as follows: Section 39.13 [Corrected] On page 6932, in the second column, in § 39.13 [Amended], in the third line, remove “* * *” and add “2007-04-01” in its place. Action is taken herein to correct this reference in AD 2007-04-01 and to add this AD correction to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13). The effective date remains March 21, 2007. Issued in Kansas City, Missouri, on March 2, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-4130 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27023; Directorate Identifier 98-ANE-47-AD; Amendment 39-14978; AD 2007-05-17] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney JT9D Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)for Pratt & Whitney

(PW)JT9D series turbofan engines. That AD currently requires revisions to the Airworthiness Limitations Section

(ALS)of the manufacturer's Instructions for Continued Airworthiness

(ICA)to include required enhanced inspection of selected critical life-limited parts at each piece-part opportunity. This AD modifies the JT9D series engines ALS sections of the manufacturer's manuals and an air carrier's approved continuous airworthiness maintenance program to incorporate additional inspection requirements. This AD results from the need to require enhanced inspection of selected critical life-limited parts of JT9D series turbofan engines. We are issuing this AD to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane. DATES: This AD becomes effective April 12, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone

(781)238-7758, fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to PW JT9D series turbofan engines. We published the proposed AD in the **Federal Register** on November 2, 2005 (70 FR 66300). That action proposed to modify the JT9D series engines ALS sections of the manufacturer's manuals and an air carrier's approved continuous airworthiness maintenance program to incorporate additional inspection requirements. PW has added mandatory eddy current inspections

(ECIs)for the web cooling holes in high pressure turbine

(HPT)stage 1 disks installed in engine models JT9D-7R4D, -7R4D1, -7R4E, and -7R4E1, and for web tie-rod holes in HPT stage 2 disks installed in JT9D-3A, -7, -7A, -7H, -7AH, -7F, -7J, -20, and -20J engines. The mandatory inspections are needed to identify those critical rotating parts with conditions, which if allowed to continue in service, could result in uncontained failures. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Delete ECIs for JT9D-59A, -70A, -7Q, and -7Q3 Engines One commenter, Japan Airlines, requests that we delete the ECIs for JT9D-59A, -70A, -7Q, and -7Q3 engines from the table in the proposed AD compliance section. The commenter points out that the proposed AD preamble paragraph entitled “FAA's Determination and Requirements of the Proposed AD” does not include ECIs for JT9D-59A, -70A, -7Q, and -7Q3 engines. We do not agree. We inadvertently omitted listing the requirement of ECI of the HPT stage 1 disk web cooling holes on JT9D-59A, -70A, -7Q, and -7Q3 engines, under the proposed AD preamble paragraph entitled “FAA's Determination and Requirements of the Proposed AD”. The proposed AD compliance section and the compliance section in this AD, correctly list those engine models. We did not change the AD. Request To Wait To Issue the AD Japan Airlines requests that we wait to issue the AD until Pratt & Whitney provides the ECI procedure to the operators. The commenter states that the JT9D-7 Engine Manual Section 72-51-02, Inspection 05, has not been published yet. We do not agree. Although the ECI procedure was not published in the JT9D-7 Engine Manual as of December 26, 2005 when the comment was sent, it was incorporated into the JT9D-7 Engine Manual on February 15, 2006. We do not need to wait to issue the AD. Request To Revise Engine Manual Japan Airlines requests that we recommend to Pratt & Whitney to revise the JT9D engine manual to remove the specific manufacturer's name of the ECI equipment required to perform ECIs, and to only list the technical specifications required to perform the ECIs. The commenter states that operators may not own the ECI equipment specified in the Pratt & Whitney JT9D engine manual, but may have similar equipment capable of performing the inspections. We partially agree. This AD requires operators to revise the Airworthiness Limitations Section of the engine manual to include a mandatory opportunistic inspection. We do not intend for the AD to specify only one vendor's inspection equipment to accomplish the inspection. Nor do we intend that this AD change the way operators seek approval for alternative methods of inspections. We did not change the AD. JT9D-3A Model Added to the Compliance Table Upon review of the proposed AD, we discovered that the JT9D-3A model was inadvertently left out of the compliance table. We added the JT9D-3A model to the compliance table in the AD. Update to the Costs of Compliance Since we published the proposed AD on November 2, 2005, the number of engines affected and the hourly labor rate have changed. We updated this information in this AD preamble. Correction to Compliance Table Upon review of the proposed AD, we discovered that the compliance table needs correcting in the section for the -3A/7/7A/7AH/7F/7H/7J/20/20J engine models. “All HPT Stage 2 Disk Web Cooling Holes 71-51-02 Inspection-05” is corrected to read “All HPT Stage 2 Disk Web Tie-rod Holes 72-51-02 Inspection-05”. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance We estimate that 504 JT9D series turbofan engines are installed on U.S.-registered airplanes and will be affected by this AD. We also estimate that 87 engines will require this inspection per year and about one work-hour per engine is needed to perform the actions, and that the average labor rate is $80 per work-hour. Since this is an added inspection requirement that will be part of the normal maintenance cycle, no additional parts costs are involved. Based on these figures, we estimate the total annual cost of the AD to U.S. operators to be $6,960. Docket Number Change We are transferring the docket for this AD to the Docket Management System as part of our on-going docket management consolidation efforts. The new Docket No. is FAA-2007-27023. The old Docket No. became the Directorate Identifier, which is 98-ANE-47-AD. This AD might get logged into the DMS docket, ahead of the previously collected documents from the old docket file, as we are in the process of sending those items to the DMS. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. For the reasons discussed above, I certify that this AD:

(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)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-12719 (67 FR 19663, April 23, 2002), and by adding a new airworthiness directive, Amendment 39-14978, to read as follows: **2007-05-17 Pratt & Whitney:** Amendment 39-14978. Docket No. FAA-2007-27023; Directorate Identifier 98-ANE-47-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 12, 2007. Affected ADs

(b)This AD supersedes AD 2002-08-11, Amendment 39-12719. Applicability

(c)This AD applies to Pratt & Whitney

(PW)JT9D-3A, -7, -7A, -7H, -7AH, -7F, -7J, -20J, -59A, -70A, -7Q, -7Q3, -7R4D, -7R4D1, -7R4E, -7R4E1, -7R4E4, -7R4G2, and -7R4H1 series turbofan engines. These engines are installed on, but not limited to, Boeing 747 and 767 series, McDonnell Douglas DC-10 series, and Airbus Industrie A300 and A310 series airplanes. Unsafe Condition

(d)This AD results from the need to require enhanced inspection of selected critical life-limited parts of JT9D series turbofan engines. We are issuing this AD to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done.

(f)Within the next 180 days after the effective date of this AD, revise the manufacturer's Instructions for Continued Airworthiness Limitations Section (ALS), and for air carrier operations revise the approved continuous airworthiness maintenance program by adding the following: Mandatory Inspections

(1)Perform inspections of the following parts at each piece-part opportunity in accordance with the instructions provided in the applicable manual provisions: Engine model Engine manual part number (P/N) Part nomenclature Inspect per manual section Inspection/check 3A/7/7A/7AH/7F/7H/7J/20/20J *646028 (or the equivalent customized versions, 770407 and 770408) All Fan Hubs 72-31-04 Inspection-02. All HPC Stage 5-15 Disks and Rear Compressor Drive Turbine Shafts 72-35-00 Inspection-03. All HPT Stage 1-2 Disks and Hubs 72-51-00 Inspection-03. All HPT Stage 2 Disk Web Tie-rod Holes 72-51-02 Inspection-05. All LPT Stage 3-6 Disks and Hubs 72-52-00 Inspection-03. 59A/70A 754459 All Fan Hubs 72-31-00 Check-00. All HPC Stage 5-15 Disks and Rear Compressor Drive Turbine Shafts 72-35-00 Check-00. All HPT Stage 1-2 Disks and Hubs 72-51-00 Check-03. All HPT Stage 1 Disk Web Cooling Holes 72-51-02 Check-03. All LPT Stage 3-6 Disks and Hubs 72-52-00 Check-03. 7Q/7Q3 777210 All Fan Hubs 72-31-00 Inspection-03. All HPC Stage 5-15 Disks and Rear Compressor Drive Turbine Shafts 72-35-00 Inspection-03. All HPT Stage 1-2 Disks and Hubs 72-51-00 Inspection-03. All HPT Stage 1 Disk Web Cooling Holes 72-51-06 Inspection-03. All LPT Stage 3-6 Disks and Hubs 72-52-00 Inspection-03. 7R4 ALL 785058, 785059, and 789328 All Fan Hubs 72-31-00 Inspection/Check-03. All HPC Stage 5-15 Disks and Rear Compressor Drive Turbine Shafts 72-35-00 Inspection/Check 03. All HPT Stage 1-2 Disks and Hubs 72-51-00 Inspection/Check 03. All LPT Stage 3-6 Disks and Hubs 72-52-00 Inspection/Check 03. 7R4D/D1/E/E1 785058 and 785059 All HPT Stage 1 Disk Web Cooling Holes 72-51-06 Inspection/Check-02. * P/N 770407 and 770408 are customized versions of P/N 646028 engine manual.

(2)For the purposes of these mandatory inspections, piece-part opportunity means:

(i)The part is considered completely disassembled when done in accordance with the disassembly instructions in the manufacturer's engine manual; and

(ii)The part has accumulated more than 100 cycles-in-service since the last piece-part opportunity inspection, provided that the part was not damaged or related to the cause for its removal from the engine.” Alternative Methods of Compliance

(g)You must perform these mandatory inspections using the ALS of the Instructions for Continued Airworthiness and the applicable Engine Manual unless you receive approval to use an alternative method of compliance under paragraph

(h)of this AD. Section 43.16 of the Federal Aviation Regulations (14 CFR 43.16) may not be used to approve alternative methods of compliance or adjustments to the times in which these inspections must be performed.

(h)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Maintaining Records of the Mandatory Inspections

(i)You have met the requirements of this AD when you change the manufacturer's Instructions for Continued Airworthiness ALS specified in paragraph

(f)of this AD. For air carriers operating under part 121 of the Federal Aviation Regulations (14 CFR part 121), you have met the requirements of this AD when you modify your continuous airworthiness maintenance plan to reflect those changes. You do not need to record each piece-part inspection as compliance to this AD but you must maintain records of those inspections according to the regulations governing your operation. For air carriers operating under part 121, you may use either the system established to comply with section 121.369 or an alternative accepted by your principal maintenance inspector if that alternative:

(1)Includes a method for preserving and retrieving the records of the inspections resulting from this AD; and

(2)Meets the requirements of section 121.369(c); and

(3)Maintains the records either indefinitely or until the work is repeated.

(j)These record keeping requirements apply only to the records used to document the mandatory inspections required as a result of revising the ALS of the Instructions for Continued Airworthiness as specified in paragraph

(f)of this AD. These record keeping requirements do not alter or amend the record keeping requirements for any other AD or regulatory requirement. Related Information

(k)Contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7758, fax

(781)238-7199; e-mail: *mark.riley@faa.gov* for more information about this AD. Issued in Burlington, Massachusetts, on March 1, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-4139 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24813; Airspace Docket No. 06-AAL-16] RIN 2120-AA66 Modification of Legal Description of Class D and E Airspace; Fairbanks, Fort Wainwright Army Airfield, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on July 17, 2006 (71 FR 40394), Docket No. FAA-2006-24813, Airspace Docket No. 06-AAL-16. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “ * * * September 1, 2006, and effective September 15, 2006 * * *” instead of “ * * * September 1, 2005, and effective September 15, 2005”. This technical amendment corrects those errors. DATES: *Effective Date:* 0901 UTC, March 8, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: History On July 17, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24813, Airspace Docket No. 06-AAL-16, that amended Title 14 Code of Federal Regulations part 71 by modifying the legal description of Class D and E airspace; Fairbanks, Fort Wainwright Army Airfield, AK (71 FR 40394). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 15, 2005”, the dates should read “ * * * September 1, 2006, and effective September 15, 2006 * * *”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-24813, Airspace Docket No. 06-AAL-16, as published in the **Federal Register** on July 17, 2006 (71 FR 40394), is corrected as follows: On page 40394, column 1, lines 52 and 55, column 2, lines 43, 45 and 46; page 40395, column 1, line 68, column 2, lines 29, 31, and 32, amend the language to read: § 71.1 [Amended] “* * * FAA Order 7400.9P * * *” instead of “FAA Order 7400.9N * * *”. “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 15, 2005 * * *”. Issued in Washington, DC, February 20, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-3920 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24003; Airspace Docket No. 06-AAL-12] RIN 2120-AA66 Revision of Class E Airspace; Adak, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 1, 2006 (71 FR 43357), Docket No. FAA-2006-24003, Airspace Docket No. 06-AAL-12. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 15, 2005”. This technical amendment corrects those errors. DATES: *Effective Date:* 0901 UTC, March 8, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 1, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24003, Airspace Docket No. 06-AAL-12, that amended Title 14 Code of Federal Regulations part 71 by revising Class E Airspace; Adak, AK (71 FR 43357). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 15, 2005”, the dates should read “* * * September 1, 2006, and effective September 15, 2006 * * *”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-24003, Airspace Docket No. 06-AAL-12, as published in the **Federal Register** on August 1, 2006 (71 FR 43357), is corrected as follows: On page 43358, column 1, lines 4, 6 and 7 and column 2, lines 29, 31 and 32, amend the language to read: § 71.1 [Amended] “* * * FAA Order 7400.9P” instead of “FAA Order 7400.9N * * *”. “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 15, 2005 * * *”. Issued in Washington, DC, February 20, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-3922 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2005-225010; Airspace Docket No. 06-AAL-17] RIN 2120-AA66 Revocation of Low Altitude Reporting Point; Alaska AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on June 30, 2006 (71 FR 37492), Docket No. FAA-2005-225010, Airspace Docket No. 06-AAL-17. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. This technical amendment corrects those errors. DATES: *Effective Date:* 0901 UTC, March 8, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: History On June 30, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2005-225010, Airspace Docket No. 06-AAL-17 that amended Title 14 Code of Federal Regulations part 71 by revoking a low altitude reporting point, AK (71 FR 37492). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Airspace Docket No. FAA-2005-225010, Airspace Docket No. 06-AAL-17, as published in the **Federal Register** on June 30, 2006 (71 FR 37492), is corrected as follows: On page 37492, column 2, line 15, column 3, line 8, amend the language to read: § 71.1 [Amended] “FAA Order 7400.9P” instead of “FAA Order 7400.9O”. Issued in Washington, DC, February 20, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-3921 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-23926; Airspace Docket No. 06-AAL-10] RIN 2120-AA66 Modification of the Norton Sound Low Offshore Airspace Area; Alaska AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on July 24, 2006 (71 FR 41728), Docket No. FAA-2006-23926, Airspace Docket No. 06-AAL-10. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. Also, the corresponding effective date that refers to the Order should state “ * * * September 15, 2006”, instead of “ * * * September 16, 2006”. This technical amendment corrects those errors. DATES: *Effective Date:* 0901 UTC, March 8, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On July 24, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-23926, Airspace Docket No. 06-AAL-10 that amended Title 14 Code of Federal Regulations part 71 by modifying Norton Sound Low Offshore Airspace Area, AK (71 FR 41728). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. In addition, the corresponding effective date that refers to the Order is incorrect. Instead of “* * * September 16, 2006”, the date should read “* * * September 15, 2006”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Airspace Docket No. FAA-2006-23926, Airspace Docket No. 06-AAL-10, as published in the **Federal Register** on July 24, 2006 (71 FR 41728), is corrected as follows: On page 41729, column 1, line 50, and column 3, lines 48, and 51, amend the language to read: § 71.1 [Amended] “FAA Order 7400.9P” instead of “FAA Order 7400.9O” “September 15, 2006” instead of “September 16, 2006” Issued in Washington, DC, February 20, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-3924 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30539 Amdt. No. 3208] 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 March 8, 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 March 8, 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 February 23, 2007. 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 12 APRIL 2007 Pompano Beach, FL, Pompano Beach Airpark, RNAV

(GPS)RWY 6, Orig-A Effective 10 MAY 2007 Cullman, AL, Folsom Field, NDB RWY 20, Amdt 2A, CANCELLED Fort Collins, CO, Fort Collins Downtown, VOR/DME OR GPS-B, Amdt 1A, CANCELLED Fort Collins, CO, Fort Collins Downtown, Takeoff Minimums and Textual DP, Amdt 1, CANCELLED Holyoke, CO, Holyoke, NDB RWY 32, Orig, CANCELLED Holyoke, CO, Holyoke, NDB RWY 14, Orig, CANCELLED Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, RADAR-1, Amdt 6, CANCELLED St. Petersburg, FL, Albert Whitted, RADAR-1, Orig, CANCELLED Tampa, FL, Peter O Knight, RADAR-1, Amdt 4A, CANCELLED Alma, GA, Bacon County, RNAV

(GPS)RWY 15, Orig Alma, GA, Bacon County, RNAV

(GPS)RWY 33, Orig Alma, GA, Bacon County, VOR OR GPS RWY 33, Amdt 7, CANCELLED Alma, GA, Bacon County, Takeoff Minimums and Textual DP, Orig Litchfield, IL, Litchfield Muni, RNAV

(GPS)RWY 18, Orig Litchfield, IL, Litchfield Muni, RNAV

(GPS)RWY 36, Orig Lafayette, IN, Purdue University, RNAV

(GPS)RWY 10, Amdt 1 Lafayette, IN, Purdue University, RNAV

(GPS)RWY 28, Amdt 1 Lafayette, IN, Purdue University, Takeoff Minimums and Textual DP, Amdt 1 Greensboro, NC, Piedmont Triad Intl, RADAR-1, Amdt 9C, CANCELLED Louisburg, NC, Franklin County, RNAV

(GPS)RWY 5, Orig-C Saratoga, WY, Shively Field, NDB-A, Amdt 1 Saratoga, WY, Shively Field, RNAV (GPS)-B, Orig [FR Doc. E7-3680 Filed 3-7-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 71, 73, 74, 170, 171, 172, 180, and 184 [Docket No. 2006N-0391] Food and Color Additives and Generally Recognized As Safe Substances; Technical Amendments AGENCY: Food and Drug Administration, HHS. ACTION: Final rule; technical amendments. SUMMARY: The Food and Drug Administration

(FDA)is amending its regulations that address food and color additives and generally recognized as safe

(GRAS)substances. The purpose of the amendments is to update the name of an FDA office, to correct minor errors in the Code of Federal Regulations (CFR), and to delete obsolete information. The technical amendments made by this final rule are editorial in nature and are intended to provide accuracy and clarity to the agency's regulations. DATES: This rule is effective March 8, 2007. FOR FURTHER INFORMATION CONTACT: Ellen M. Waldron, Center for Food Safety and Applied Nutrition (HFS-206), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1256. SUPPLEMENTARY INFORMATION: FDA is amending its regulations for parts 71, 73, 74, 170, 171, 172, 180 and 184 (21 CFR parts 71, 73, 74, 170, 171, 172, 180 and 184). Specifically, as a result of an FDA reorganization, the Office of Premarket Approval was renamed the Office of Food Additive Safety. Therefore, this rule updates the name and contact information for this office in §§ 71.1 and 171.1. In addition, FDA discovered that minor errors were inadvertently published in the CFR affecting its regulations that address food and color additives (parts 71, 73, 74, 170, 171, 172, and 180) and GRAS substances (part 184). This document makes the needed corrections. The final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required. The changes addressed in this document are as follows: 1. In §§ 71.1 *Petitions* and 171.1 *Petitions* the agency is updating contact information. In § 71.1 *Petitions* , the regulations currently identify the Office of Premarket Approval as the FDA office responsible for receiving petitions. The new name for the Office of Premarket Approval is the Office of Food Additive Safety. In § 171.1 *Petitions* , the regulations currently identify the Petitions Control Branch, Food and Drug Administration, Department of Health and Human Services, Washington, DC 20204 as the FDA office responsible for receiving petitions. The correct name and contact information is the Office of Food Additive Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. 2. Section 73.1128 *Mica-based pearlescent pigments* is redesignated as § 73.1350. 3. In § 73.2396 *Lead acetate* , the regulatory section citation for the labeling requirements for color additives (other than hair dye) is currently erroneously written as § 170.25 and is corrected to read § 70.25. 4. In § 74.2052 *D&C Black No. 2* , the agency is correcting a typographical error in the spelling of the chemical nomenclature. “Benzo[ *e* ]pyrene” is being corrected to read “Benzo[ *a* ]pyrene.” 5. In §§ 170.45 *Fluorine-containing compounds* and 184.1769a *Sodium metasilicate* , the agency is updating references to a regulatory section citation which has been recodified. Section 103.35 has been recodified as § 165.110. Accordingly, in § 170.45, reference to “§ 103.35(d)” is corrected to read “§ 165.110(d)” and in § 184.1769a, reference to “§ 103.35” is corrected to read “§ 165.110”. 6. The agency is also updating § 170.45 *Fluorine-containing compounds* to correct a reference to a section of the agency's regulations which has been removed from the CFR. In § 170.45 the reference to “§ 250.203” is removed. 7. In § 172.510 *Natural flavoring substances and natural substances used in conjunction with flavors* , the agency is correcting a typographical error. The incorrect nomenclature “concretes” is being corrected to read “concentrates”. 8. In § 180.37 *Saccharin, ammonium saccharin, calcium saccharin and sodium saccharin* , the agency is correcting references to a regulatory section citation which has been removed from the CFR. In § 180.37, reference to “§ 100.130” is removed. Publication of this document constitutes final action of these changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because these amendments are merely correcting nonsubstantive errors. FDA therefore, for good cause, finds under 5 U.S.C. 553(b)(3)(B) and (d)(3) that notice and public comment are unnecessary. List of Subjects 21 CFR Part 71 Administrative practice and procedure, Color additives, Confidential business information, Cosmetics, Drugs, Reporting and recordkeeping requirements. 21 CFR Part 73 Color additives, Cosmetics, Drugs, Medical devices. 21 CFR Part 74 Color additives, Cosmetics, Drugs. 21 CFR Part 170 Administrative practice and procedure, Food additives, Reporting and recordkeeping requirements. 21 CFR Part 171 Administrative practice and procedure, Food additives. 21 CFR Part 172 Food additives, Reporting and recordkeeping requirements. 21 CFR Part 180 Food additives. 21 CFR Part 184 Food additives. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 71, 73, 74, 170, 171, 172, 180, and 184 are amended as follows: PART 71—COLOR ADDITIVE PETITIONS 1. The authority citation for 21 CFR part 71 continues to read as follows: Authority: 21 U.S.C. 321, 342, 348, 351, 355, 360, 360b-360f, 360h-360j, 361, 371, 379e, 381; 42 U.S.C. 216, 262. § 71.1 [Amended] 2. Section 71.1 is amended in paragraph

(c)by removing “Office of Premarket Approval (HFS-200),” and by adding in its place “Office of Food Additive Safety (HFS-200),”. PART 73—LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION 3. The authority citation for 21 CFR part 73 continues to read as follows: Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e. § 73.1128 [Redesignated] 4. Section 73.1128 is redesignated as § 73.1350. § 73.2396 [Amended] 5. Section 73.2396 is amended in paragraph (d)(1) by removing “170.25” and by adding in its place “§ 70.25”. PART 74—LISTING OF COLOR ADDITIVES SUBJECT TO CERTIFICATION 6. The authority citation for 21 CFR part 74 continues to read as follows: Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e. § 74.2052 [Amended] 7. Section 74.2052 is amended in paragraph (b)(9) by removing “Benzo[ *e* ]pyrene” and by adding in its place “Benzo[ *a* ]pyrene”. PART 170—FOOD ADDITIVES 8. The authority citation for 21 CFR part 170 continues to read as follows: Authority: 21 U.S.C. 321, 341, 342, 346a, 348, 371. § 170.45 [Amended] 9. Section 170.45 is amended by removing the phrase “as stated in § 250.203 of this chapter” and by removing “§ 103.35(d)” and adding in its place “§ 165.110(d)”. PART 171—FOOD ADDITIVE PETITIONS 10. The authority citation for 21 CFR part 171 continues to read as follows: Authority: 21 U.S.C. 321, 342, 348, 371. § 171.1 [Amended] 11. Section 171.1 is amended in paragraph

(c)by removing “Petitions Control Branch Food and Drug Administration Department of Health and Human Services, Washington, DC 20204.” and by adding in its place “Office of Food Additive Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740.” PART 172—FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR HUMAN CONSUMPTION 12. The authority citation for 21 CFR part 172 continues to read as follows: Authority: 21 U.S.C. 321, 341, 342, 348, 371, 379e. § 172.510 [Amended] 13. Section 172.510 is amended in paragraph

(b)by removing “concretes” and adding in its place “concentrates”. PART 180—FOOD ADDITIVES PERMITTED IN FOOD OR IN CONTACT WITH FOOD ON AN INTERIM BASIS PENDING ADDITIONAL STUDY 14. The authority citation for 21 CFR part 180 continues to read as follows: Authority: 21 U.S.C. 321, 342, 343, 348, 371; 42 U.S.C. 241. § 180.37 [Amended] 15. Section 180.37 is amended in paragraph (f)(2)(iii) by removing “or § 100.130”. PART 184—DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED AS SAFE 16. The authority citation for 21 CFR part 184 continues to read as follows: Authority: 21 U.S.C. 321, 342, 348, 371. § 184.1769a [Amended] 17. Section 184.1769a is amended in paragraph (c)(2) by removing “§ 103.35” and adding in its place “§ 165.110”. Dated: February 28, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-4104 Filed 3-7-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Melengestrol, Ractopamine, and Monensin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Division of Ivy Animal Health, Inc. The ANADA provides for use of single-ingredient Type A medicated articles containing melengestrol, ractopamine, and monensin to make three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter. DATES: This rule is effective March 8, 2007. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Ivy Laboratories, Division of Ivy Animal Health, Inc., 8857 Bond St., Overland Park, KS 66214, filed ANADA 200-448 for use of HEIFERMAX 500 (melengestrol acetate) Liquid Premix, OPTAFLEXX (ractopamine hydrochloride), and RUMENSIN (monensin sodium) single-ingredient Type A medicated article to make dry and liquid, three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter. Ivy Laboratories' ANADA 200-448 is approved as a generic copy of Elanco Animal Health's NADA 141-234 for combination feed use of MGA 500, OPTAFLEXX, and RUMENSIN. The application is approved as of January 29, 2007, and the regulations are amended in 21 CFR 558.500 to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The agency has determined under 21 CFR 25.33(a)(2) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows: PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 1. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. § 558.500 [Amended] 2. In the table in paragraph (e)(2)(viii) of § 558.500, in the “Limitations” column remove “No. 000009” and add in its place “Nos. 000009 or 021641”, and in the “Sponsor” column add in numerical sequence “021641”. Dated: February 20, 2007. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E7-4100 Filed 3-7-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-014] Drawbridge Operation Regulations; Connecticut River, East Haddam, 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 Route 82 Bridge across the Connecticut River, mile 16.8, at East Haddam, Connecticut. Under this temporary deviation, the bridge may remain in the closed position for two nights from 8:30 p.m. to 4:30 a.m. between March 19, 2007 and March 23, 2007. The exact two closure dates will be determined based upon favorable weather necessary to perform the scheduled repairs. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from March 19, 2007 through March 23, 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 10004, 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 Route 82 Bridge, across the Connecticut River, mile 16.8, at East Haddam, Connecticut, has a vertical clearance in the closed position of 22 feet at mean high water and 25 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.205(c). The owner of the bridge, Connecticut Department of Transportation, requested a temporary deviation to facilitate scheduled bridge maintenance, drive gear repairs. The bridge will not be able to open while the bridge maintenance is underway. Under this temporary deviation the Route 82 Bridge may remain in the closed position between 8:30 p.m. and 4:30 a.m., for two nights, between March 19, 2007 and March 23, 2007. The exact two closure dates will be selected depending upon favorable weather necessary to perform the required repairs. 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. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 26, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-4112 Filed 3-7-07; 8:45 am] BILLING CODE 4910-15-U DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09-07-002] RIN 1625-AA00 Safety Zones; Annual Fireworks Events in the Captain of the Port Milwaukee Zone AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce the Manitowoc St. Patrick's Day Fireworks safety zone on the Manitowoc River on March 17, 2007 from 5:30 p.m. through 7 p.m. This action is necessary to protect the public from the hazards associated with fireworks displays. During the enforcement period no person or vessel may enter the safety zone without the permission of the Captain of the Port or his designated representative. DATES: Effective from 5:30 p.m. (local) through 7 p.m. (local) on March 17, 2007. FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention Department, Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, Milwaukee, WI at

(414)747-7154. SUPPLEMENTARY INFORMATION: We are publishing this document to provide notice that under the provisions of 33 CFR 165.909(a)(11), the St. Patrick's Day Fireworks safety zone on the Manitowoc River will be enforced on March 17, 2007 from 5:30 p.m. through 7 p.m. The safety zone consists of all waters and adjacent shoreline across from the World War II U.S. Cobia submarine, Manitowoc River encompassed by the arc of a circle with a 70-foot radius with its center in approximate position 44°05.30′ N, 087°39.15′ W (NAD 1983). In order to ensure the safety of spectators and transiting vessels, this safety zone will be in effect for the duration of the event. In the event that this safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Lake Michigan to transit through the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Sector Lake Michigan on channel 16, VHF-FM. The Coast Guard will give notice to the public via a Broadcast Notice to Mariners that the regulation is in effect. Dated: February 27, 2007. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan. [FR Doc. E7-4109 Filed 3-7-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05-07-011] RIN 1625-AA00 Safety Zone; Upper Chesapeake Bay and Its Tributaries and the C & D Canal, Maryland, Virginia, and Washington, DC AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; correcting amendment. SUMMARY: This document contains a correction to the section establishing a temporary safety zone in all navigable waters of the Captain of the Port Baltimore zone published on February 23, 2007, in the **Federal Register** (72 FR 8112). DATES: This correction is effective March 8, 2007 until April 16, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05-07-011 and are available for inspection or copying at Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on viewing the docket, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, at

(410)576-2674. SUPPLEMENTARY INFORMATION: On February 23, 2007, the Coast Guard published a temporary final rule (72 FR 8112) to establish a temporary safety zone in all navigable waters of the Captain of the Port Baltimore Zone. The temporary safety zone restricts vessels from transiting the zone during ice season. Due to a drafting error in the temporary final rule the Captain of the Port's requirements associated with different levels of ice conditions were unclear. This correction document makes corrections to the temporary final rule to provide clarification. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Accordingly, 33 CFR part 165 is corrected by making the following correcting amendments: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise temporary § 165.T05-011 to read as follows: § 165.T05-011 Safety zone; Upper Chesapeake Bay and its tributaries and the C & D Canal, MD, VA and Washington, DC

(a)*Purpose.* The purpose of this regulation is to promote maritime safety, and to protect the environment and mariners transiting the area from the potential hazards due to ice conditions that become a threat to navigation.

(b)*Location.* The following area is a temporary safety zone: All inland, navigable waters of the Captain of the Port, Baltimore Zone (see 33 CFR 3.25-15).

(c)*Regulations.* All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part.

(1)When an ice condition is set by the Captain of the Port (COTP), all vessel traffic is prohibited in the safety zone unless they meet the requirements set forth by the COTP by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 22A (157.1 MHZ). Requirements are as follows:

(i)Ice Condition One: Convoys are required and restrictions to shaft horsepower and vessel transit are imposed.

(ii)Ice Condition Two: The COTP Baltimore may impose restrictions, including but not limited to, shaft horsepower and hull type restrictions.

(iii)Ice Condition Three: No limitations on vessel traffic, hull type or shaft horsepower.

(2)Persons desiring to transit in the safety zone not meeting the requirements of the Ice Condition established by the COTP must contact the COTP at telephone number

(410)576-2693 or on VHF channel 13 or 16 to seek permission prior to transiting the area. If permission is granted, all persons and vessels shall comply with the instructions of the COTP Baltimore, MD or designated representative.

(3)All Coast Guard assets enforcing this safety zone can be contacted on VHF marine band radio, channels 13 and 16. The COTP can be contacted at telephone number

(410)576-2693.

(4)The COTP will notify the public of any changes in the status of this safety zone by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 22A (157.1 MHZ).

(5)Mariners granted permission to transit the safety zone must maintain the minimum safe speed necessary to maintain navigation as per 33 CFR Chapter I, Subchapters D and E.

(d)*Definitions as used in this section.*

(1)Captain of the Port means the Commander, Coast Guard Sector Baltimore or any Coast Guard commissioned warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf.

(2)Ice Condition One means the emergency condition in which ice has largely covered the Upper Chesapeake Bay and its tributaries, and the C & D Canal.

(3)Ice Condition Two means the alert condition in which at least 2 inches of ice begins to form in the Upper Chesapeake Bay and its tributaries, and the C & D Canal.

(4)Ice Condition Three means the readiness condition in which weather conditions are favorable for the formation of ice in the navigable waters of the Upper Chesapeake Bay and its tributaries, including the C & D Canal. Daily reports for the Coast Guard Stations and commercial vessels are monitored.

(5)All vessel traffic means those vessels seeking to enter the safety zone as well as those vessels already located within the zone who wish to exit, and excludes those vessels that are moored or anchored in the zone and intend to remain so.

(e)*Enforcement.* The U.S. Coast Guard may be assisted in the patrol and enforcement of the zones by Federal, State and local agencies.

(f)Enforcement period. This section will be enforced from February 5, 2007 until April 15, 2007. Dated: February 28, 2007. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law United States Coast Guard. [FR Doc. E7-3957 Filed 3-7-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-07-012] RIN 1625-AA00 Safety Zone; South Portland, ME, Gulf Blasting Project AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone around a blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE, while transporting blasting material to the work site. These safety zones are needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with this blasting and dredging project, which is being undertaken to increase the water depth of the Gulf Oil Terminal berth to 41 feet. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Northern New England. DATES: This rule is effective from 7 a.m. Eastern Standard Time (EST), February 20, 2007 until 4 p.m. Eastern Daylight Time (EDT), March 31, 2007. ADDRESSES: Comments received from the public, as well as documents indicated in this preamble as being available in the docket are part of docket CGD01-07-012 and are available for inspection or copying at U.S. Coast Guard Sector Northern New England, 259 High Street, South Portland, ME 04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LTJG Jarrett Bleacher, at

(207)741-5421. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The details of this project were not provided to the Coast Guard until January 25, 2007 making it impossible to publish a NPRM or a final rule 30 days in advance. Similarly, Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay in implementing this rule would be contrary to the public interest since immediate action is necessary to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with the handling, detonation, and transportation of explosives. Background and Purpose The explosives loading and blasting operations will occur at various times during the period between February 20, 2007 and March 31, 2007. The blasting plan calls for the drilling, blasting, and dredging of various areas within the berthing area of the Gulf Oil Terminal in South Portland, Maine. The explosives loading will occur at East End Beach at the Eastern Promenade, Portland, Maine, or at the municipal boat ramp at Bug Light Park, South Portland, Maine. The explosives will be transported via truck and M/V RELIANCE to the Gulf Oil Terminal in South Portland where the blasting and dredging project will be conducted. This regulation establishes a moving safety zone in all waters of the Fore River and Casco Bay in a 100 yard radius around the M/V RELIANCE as it transits from the East End Beach or Bug Light Park to the Gulf Facility and from the Gulf Facility back to the East End Beach or Bug Light Park. It also establishes a 100 yard safety zone around the perimeter of the affected portion of the berthing area of the Gulf Oil Terminal while blasting operations are being conducted. This area is defined as all of the waters enclosed by a line starting from a point located at the western side of the Gulf Oil Terminal Dock at latitude 43°39′12.537″ N, longitude 70°14′25.923″ W; thence to latitude 43°39′10.082″ N, longitude 70°14′26.287″ W; thence to latitude 43°39′10.209″ N, longitude 70°14′27.910″ W; thence to latitude 43°39′12.664″ N, longitude 70°14′27.546″ W; thence to the point of beginning.(DATUM:NAD 83). These safety zones are required to protect the maritime community from the hazards associated with the loading, detonation, and transportation of explosives. Entry into this zone will be prohibited unless authorized by the Captain of the Port. Discussion of Rule This rule is effective from 7 a.m. EST on February 20, 2007 until 4 p.m. EDT on March 31, 2007. This safety zone is needed to safeguard mariners from the hazards associated with blasting operations on the designated waters in the Fore River. During the effective period of the safety zone, vessel traffic will be restricted in various portions of the Fore River and Casco Bay while the M/V RELIANCE is in transit and around the perimeter of the affected portion of the Gulf Oil Terminal when blasting operations are taking place. Although the safety zone will be in effect for seven weeks, it will only be enforced during actual transit and blasting times. Entry into those zones by any vessel is prohibited unless specifically authorized by the Captain of the Port, Northern New England. The Captain of the Port anticipates negligible negative impact on vessel traffic from this temporary safety zone as it will be in effect only during transit and blasting operations. Blasting operations are anticipated to occur only two to three times per week between the hours of 7 a.m. and 4 p.m. The moving safety zone around the M/V RELIANCE will be enforced only during the transit of explosives to the site and from the site back to shore with unused explosives. The zone around the perimeter of the work site extends only minimally into the channel and will not effect vessels transiting in or out of the port. The zone around the worksite will be enforced only during the actual blasting times. The enhanced safety to life and property provided by this rule greatly outweighs any potential negative impacts. Public notifications will be made during the entire effective period of this safety zone via marine information broadcasts. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard expects the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. The effect of this rule will not be significant for the following reasons: the safety zone will be enforced only during the transit of the M/V RELIANCE and during blasting operations. There is adequate room in the channel for vessels to transit during the blasting operations. Vessels will be permitted to transit and navigate in the effected waters when no blasting is taking place, minimizing any adverse impact. Additionally, extensive maritime advisories will be broadcast during the duration of the effective period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit in the safety zone during this demolition event. However, this rule will not have a significant economic impact on a substantial number of small entities due to the minimal time that vessels will be restricted from the area, the ample space available for vessels to maneuver and navigate around the zone, and advance notifications will be made to the local community by marine information broadcasts. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. If this rule will affect your small business, organization or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LTJG Jarrett Bleacher at (207)741-5421, Sector Northern New England, Waterways Management Division. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any police or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA)(15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it establishes a safety zone. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T01-012 to read as follows: § 165.T01-012 Safety Zone; Gulf Oil Terminal Dredging Project, South Portland, ME.

(a)*Location.* The following area is a safety zone: All waters of the Fore River and Casco Bay in a 100 yard radius around the M/V RELIANCE as it transits from the East End Beach or Bug Light Park to the Gulf Oil Terminal Facility and from the Gulf Oil Terminal Facility back to the East End Beach or Bug Light Park, while transporting explosives; and, all waters in a 100 yard radius around the perimeter of the berthing area of the Gulf Oil Terminal while blasting operations are being conducted. This area is defined as: All of the waters enclosed by a line starting from a point located at the western side of the Gulf Oil Terminal Dock at latitude 43°39′12.537″ N, longitude 70°14′25.923″ W; thence to latitude 43°39′10.082″ N, longitude 70°14′26.287″ W; thence to latitude 43°39′10.209″ N, longitude 70°14′27.910″ W; thence to latitude 43°39′12.664″ N, longitude 70°14′27.546″ W; thence to the point of beginning. (DATUM: NAD 83). All vessels are restricted from entering this area.

(b)*Effective Date.* This section is effective from 7 a.m. EST on February 20, 2007 until 4 p.m. EDT on March 31, 2007.

(c)*Definitions.*

(1)*Designated representative* means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP).

(2)[ *Reserved* ]

(d)*Regulations.*

(1)In accordance with the general regulations in 165.23 of this part, entry into or movement within this zone by any person or vessel is prohibited unless authorized by the COTP, Northern New England or the COTP's designated representative.

(2)The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP's designated representative.

(3)Vessel operators desiring to enter or operate within the safety zone may contact the COTP or the COTP's designated representative at telephone number 207-767-0303 or on VHF Channel 13 (156.7 MHz) or VHF channel 16 (156.8 MHz) to seek permission to do so. If permission is granted, all persons and vessels must comply with the instructions given to them by the COTP or the COTP's designated representative. Dated: February 16, 2007. Stephen P. Garrity, Captain, U.S. Coast Guard, Captain of the Port, Northern New England. [FR Doc. E7-4115 Filed 3-7-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 9 RIN 2900-AM36 Traumatic Injury Protection Rider to Servicemembers' Group Life Insurance AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: This document adopts with changes a Department of Veterans Affairs

(VA)interim final rule that implemented section 1032 of Public Law 109-13, the “Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.” Section 1032 of Public Law 109-13 established an automatic traumatic injury protection rider to Servicemembers' Group Life Insurance

(SGLI)for any SGLI insured who sustains a serious traumatic injury that results in certain losses as prescribed by the Secretary of Veterans Affairs in collaboration with the Secretary of Defense. Section 1032(a) is codified at 38 U.S.C. 1980A. Section 1032(c)(1) of Public Law 109-13 also authorized the payment of this traumatic injury benefit (TSGLI) to members of the uniformed services who incurred a qualifying loss between October 7, 2001, and the effective date of section 1032 of Public Law 109-13, *i.e.* , December 1, 2005, provided the loss was a direct result of injuries incurred in Operation Enduring Freedom

(OEF)or Operation Iraqi Freedom (OIF). This document modifies § 9.20 of the interim rule to provide that a service member must suffer a scheduled loss within 2 years after a traumatic injury, rather than one year as provided in current § 9.20(d)(4). This document also amends § 9.20(d)(1) to clarify that a service member does not have to be insured under SGLI in order to be eligible for TSGLI based upon incurrence of a traumatic injury between October 7, 2001, and December 1, 2005, if the member's loss was a direct result of injuries incurred in OEF or OIF. DATES: *Effective Date:* March 8, 2007. *Applicability Date:* VA will apply the final rule to injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom on or after October 7, 2001, through and including November 30, 2005, and to all injuries incurred on or after December 1, 2005. FOR FURTHER INFORMATION CONTACT: Gregory Hosmer, Senior Insurance Specialist/Attorney, Department of Veterans Affairs Regional Office and Insurance Center, P.O. Box 13399, Philadelphia, Pennsylvania 19101,

(215)842-2000 ext. 4280. SUPPLEMENTARY INFORMATION: On December 22, 2005, VA published an interim final rule in the **Federal Register** (70 FR 75940) to implement section 1032 of Public Law 109-13. We provided a 30-day comment period on the interim final rule, which ended on January 23, 2006. We received comments from only one organization, the Wounded Warrior Project (WWP). WWP stated that it was pleased with the regulation as a whole and with the decision to implement it immediately as an interim final rule, but raised issues WWP believed should be addressed in future versions of the regulation. WWP expressed concern that the definition of “incurred in Operation Enduring Freedom” in § 9.20(b)(2)(i) and “incurred in Operation Iraqi Freedom” in § 9.20(b)(2)(ii) would allow TSGLI benefits for injuries incurred prior to December 1, 2005, only if the service member was deployed outside the United States on orders in support of OEF or OIF. WWP states that TSGLI benefits should be paid to all members of the uniformed services who suffered a loss as a result of a traumatic injury prior to December 1, 2005, irrespective of the service member's location or orders at the time of the injury. This suggested change to § 9.20 would require a statutory amendment. Section 9.20(b)(2)(i) and

(ii)implement section 1032(c)(1) of Public Law 109-13, which limited TSGLI benefits for injuries incurred prior to December 1, 2005, to members injured in OEF and OIF. To the extent that this comment suggests that VA could define the terms “Operation Enduring Freedom” and “Operation Iraqi Freedom” to encompass service in any location occurring at the same time as OEF and OIF, such a definition would be inconsistent with the plain meaning of section 1032(c) of Public Law 109-13 because it would deprive those statutory terms of any meaning or effect. WWP also commented that the interim final rule should be amended to increase the period after a traumatic injury within which a scheduled loss must occur, from the current 365 days to 2 years. We concur with WWP's comment. In adopting the 365-day period in § 9.20(d)(4) of the interim rule, we acknowledged the Department of Defense's

(DoD)advice that physicians and service members go to great lengths to preserve a member's injured limb and that amputation of a limb frequently occurs only after a significant period of time passes after a traumatic injury. 70 FR 75942. WWP informed us in its comments that there are several cases in which severely injured service members are still attempting to save their injured limbs more than a year after the traumatic injury because of sophisticated medical treatment currently available. Based on the new information, we believe that it is entirely reasonable to amend § 9.20(d)(4) to increase the period of time following a traumatic injury in which a scheduled loss must occur from 365 days to 2 years for all scheduled losses. When we issued the interim final rule, section 1032(a)(2) of Public Law 109-13, which this rule implements, specifically provided that a member must suffer a scheduled loss before the end of the period prescribed by the Secretary of Veterans Affairs, “except, if the loss is quadriplegia, paraplegia, or hemiplegia, the member suffers the loss not later than 365 days after sustaining the traumatic injury.” However, on June 16, 2006, Congress enacted the Veterans' Housing Opportunity and Benefits Improvement Act of 2006, Public Law 109-233, section 501(a)(3) of which eliminated the requirement that a scheduled loss due to quadriplegia, paraplegia, or hemiplegia occur within 365 days after a traumatic injury. Accordingly, extending the time period to 2 years for all scheduled losses is consistent with current statutory requirements. Congress did not specify whether the change made by section 501(a)(3) would apply to claims filed or injuries suffered prior to the date of that change in law. Under established rules of statutory construction, a new statute is presumed not to operate retroactively unless its language requires that result. *See Landgraf* v. *USI Film Prods.,* 511 U.S. 244 (1994). However, a statute does not operate retroactively merely because it is applied to a claim filed before the statute was enacted. *Id.* at 269. Rather, a statute would have a disfavored retroactive effect only if it impairs previously established rights, imposes new duties with respect to transactions already completed, or imposes some similar alteration with respect to past events. *Id.* at 280. Determining whether application of a new statute would have retroactive effect requires consideration of the nature and degree of the change in law, the degree of connection between the new law and a relevant past event, and notions of fair notice and reasonable reliance. *Princess Cruises, Inc.* v. *United States,* 397 F.3d 1358, 1362-63 (Fed. Cir. 2005). Under this analysis, we conclude that applying the change made by section 501(a)(3) of Public Law 107-103 to previously filed claims or previously incurred injuries would not have a disfavored retroactive effect. In establishing the TSGLI program, Congress made clear its intent to authorize payment for some injuries and losses incurred before that program took effect. The change made by section 501(a)(3) would work a relatively minor change in the TSGLI eligibility criteria and applying that change to prior claims or injuries would appear to be consistent with the objectives of the TSGLI provisions authorizing payments based on injuries preceding the program's creation. Further, because TSGLI is intended to provide a source of income for expenses during periods of disablement and convalescence following a loss due to traumatic injury, we believe the application of the new law is more directly connected to those persistent circumstances than to the past date on which an injury or loss was incurred or a claim was filed. We also note that the change in law would not have affected conduct prior to the date of its enactment, nor would it upset any settled expectations in any meaningful way. The service member's traumatic injury, the scheduled loss due to the injury, and the resulting economic burdens on the service member were not within any party's control and obviously actions were not taken in reliance on prior law. Although application of the new law would increase the government's economic burden, we believe the additional burden is relatively small and is countered in this instance by the other considerations discussed above. Accordingly, we conclude that section 501(a)(3) of Public Law 109-233 may be applied to claims that were filed before the date that statute was enacted and which remained pending on that date. Finally, WWP expressed concern that the DoD points of contact in each branch of service are unable to certify service member claims for retroactive payment in which the member's scheduled loss is based upon the inability to perform activities of daily living

(ADL)because the “service member medical records do not adequately reflect the amount of time the claimant was unable to perform the requisite ADL.” WWP urges DoD and VA to give the benefit of the doubt to members in this situation due to the difficulty in substantiating a scheduled loss when medical records do not contain the necessary ADL documentation. For purposes of deciding a case before the Secretary of Veterans Affairs, a statute provides that, when there is an “approximate balance of positive and negative evidence” concerning an issue, the Secretary must give the benefit of the doubt to the claimant (38 U.S.C. 5107(b)). If there is no evidence on a particular issue or if the evidence is not deemed to be in approximate balance, the benefit-of-the-doubt standard under the statute does not apply. *See Ortiz* v. *Principi,* 274 F.3d 1361, 1365 (Fed. Cir. 2001). Decisions about entitlement to TSGLI, unlike decisions regarding entitlement to VA compensation and pension, are made by each uniformed service. 38 CFR 9.20(f). It would therefore be inappropriate for VA to promulgate a benefit-of-the-doubt rule in this rulemaking to be applied by DoD in making decisions about TSGLI entitlement. WWP also states that DoD should be more cognizant of the need to document a member's inability to conduct ADL in future cases. We agree that verification of a service member's inability to perform ADL has in some instances been difficult. We have taken steps to address the need for complete documentation in future cases. DoD service branch points of contacts, physicians, and other medical care providers have been given detailed, clarifying guidance on the definition of the term “inability to carry out activities of daily living” in § 9.1(k). They have also been instructed by the branches of military service on where and how to request supporting documentation regarding a member's ability to perform ADL. We therefore do not believe that any amendment to § 9.1(k) is required at this time. The interim final rule stated, in § 9.20(d)(1), that a servicemember must be insured under SGLI to be eligible for TSGLI. We neglected to explain that this requirement does not apply to payments of retroactive TSGLI based on traumatic injuries occurring on or after October 7, 2001, though and including November 30, 2005. Section 1032(c)(1) of Public Law 109-13 provided that “[a]ny member” who experienced a traumatic injury between October 7, 2001, and December 1, 2005, is eligible for TSGLI if the qualifying loss is a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom. The term “member” is defined in 38 U.S.C. 1965(5), for purposes of subchapter III of chapter 19, title 38, United States Code, and whether a person is insured under SGLI is not one of the criteria of the definition. We are therefore amending § 9.20(d)(1) to clarify that, if a member had a traumatic injury on or after October 7, 2001, through and including November 30, 2005, and if the qualifying loss is a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom, the member is eligible for TSGLI even if he or she was not insured under SGLI. Also, former 38 U.S.C. 1980A(h) provided that “[c]overage for loss resulting from traumatic injury * * * shall cease at midnight on the date of the member's separation from the uniformed service.” Section 501(a)(8) of Public Law 109-233 amended 38 U.S.C. 1980A(h) to provide that TSGLI coverage terminates at midnight on the date of the “termination of the member's duty status in the uniformed services that established eligibility for Servicemembers' Group Life Insurance,” notwithstanding the extension of SGLI coverage provided under 38 U.S.C. 1968(a). This statutory amendment clarifies when TSGLI coverage terminates. We are amending the parenthetical at the end of § 9.20(d)(1) to conform to the clarifying change made by section 501(a)(8) of Public Law 109-233. We have also revised § 9.20(f) to conform to section 501(a)(6) of Public Law 109-233, which amended 38 U.S.C. 1980A(f) to explain in more detail the nature of the uniformed services' certification. This amendment relates to non-substantive, procedural matters. Finally, we note that section 501(c)(2) of Public Law 109-233 repealed section 1032(c) of Public Law 109-13 pertaining to TSGLI eligibility for service members who suffered scheduled losses as a result of injuries incurred in OEF or OIF between October 7, 2001, and December 1, 2005, and instead provides TSGLI to service members who suffered scheduled losses as a direct result of a traumatic injury incurred in the theater of operations for OEF or OIF beginning on October 7, 2001, and ending at the close of November 30, 2005. That change may implicate matters beyond the scope of the interim final rule and the public comments received to date. Accordingly, we will publish a rule implementing section 501(c)(3) of Public Law 109-233 in the future. To the extent an intervening statutory change may apply to a particular claim, VA must follow statutory requirements even if it has not yet revised its regulations. We are therefore adding § 9.20(j) to explain that the TSGLI program will be administered in accordance with the provisions of § 9.20, except to the extent that any provision in the rule is inconsistent with subsequently enacted applicable law. For the reasons stated above and in the interim final rule notice, VA will adopt the interim final rule as final, with the changes to § 9.20(d)(1) and

(4)and addition of § 9.20(j) discussed above. We are also adding information to the end of § 9.20 regarding the Office of Management and Budget information collection control number for this rule. Administrative Procedure Act In the December 22, 2005, **Federal Register** notice, we determined that there was a basis under the Administrative Procedure Act for issuing the interim final rule with immediate effect. We invited and received public comment on the final rule. This document affirms the interim final rule as a final rule with the changes to § 9.20(d)(1) and

(4)and

(f)and the addition of § 9.20(j). The amendment to § 9.20(d)(1) is interpretative and clarifies the eligibility criteria for TSGLI. The amendment to the parenthetical at the end of § 9.20(d)(1) makes the regulation consistent with a clarifying amendment to 38 U.S.C. 1980A(h) made by section 501(a)(8). The amendment to § 9.20(d)(4) in this rule is liberalizing and will make more injured service members eligible for TSGLI. Section 1032 of Public Law 109-13 went into effect on December 5, 2005, and the final rule is necessary to implement the TSGLI program. The purpose of TSGLI is to ensure that payment is made to severely injured service members as soon as possible following a traumatic injury in order to reduce the financial burden resulting from a severe loss. The amendment to § 9.20(f) relates to non-substantive, procedural matters and makes the regulation consistent with 38 U.S.C. 1980A(f) as amended by section 501(a)(6) of Public Law 109-233. The amendment to § 9.20(j) is interpretative and is intended only to explain that applicable law will be applied to decide TSGLI claims. Accordingly, we have concluded under 5 U.S.C. 553 that there is good cause for dispensing with prior notice and comment regarding the amendments to § 9.20(d), (f), and

(j)because such a procedure is impracticable, unnecessary and contrary to the public interest. Unfunded Mandates The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before developing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more (adjusted annually for inflation) in any given year. This rule would have no effect on State, local, or tribal governments or the private sector. Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Order classifies a rule as a significant regulatory action requiring review by the Office of Management and Budget if it meets any one of a number of specified conditions, including: having an annual effect on the economy of $100 million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. VA examined the economic, legal, and policy implications of this final rule and stated in the December 22, 2005, **Federal Register** notice that it is a significant regulatory action because it exceeds the $100 million threshold. Paperwork Reduction Act The collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521) referenced in this final rule has been approved under OMB control number 2900-0671. Regulatory Flexibility Act The Secretary of Veterans Affairs hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). Only service members and their beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the final regulatory flexibility analysis requirements of 5 U.S.C. 604. Catalog of Federal Domestic Assistance Numbers The Catalog of Federal Domestic Assistance Program number for this regulation is 64.103, Life Insurance for Veterans. List of Subjects in 38 CFR Part 9 Life insurance, Military personnel, Veterans. Approved: November 30, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set out in the preamble, the interim final rule amending 38 CFR part 9, which was published at 70 FR 75940 on December 22, 2005, is adopted as a final rule with the following changes: PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE 1. The authority citation for part 9 is revised to read as follows: Authority: 38 U.S.C. 501, 1965-1980A. 2. Section 9.20 is amended by: a. Revising paragraph (d)(1). b. Revising paragraph (d)(4). c. Revising paragraph

(f)d. Adding paragraph (j). e. Adding an information collection approval parenthetical number immediately following the authority citation. The revisions and additions read as follows: § 9.20 Traumatic injury protection.

(d)* * *

(1)You must be a member of the uniformed services who is insured by Servicemembers' Group Life Insurance under section 1967(a)(1)(A)(i),

(B)or (C)(i) of title 38, United States Code, on the date you sustained a traumatic injury, except if you are a member who experienced a traumatic injury on or after October 7, 2001, through and including December 1, 2005, and your scheduled loss was a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom. (For this purpose, you will be considered a member of the uniformed services until midnight on the date of termination of your duty status in the uniformed services that established your eligibility for Servicemembers' Group Life Insurance, notwithstanding an extension of your Servicemembers' Group Life Insurance coverage under section 1968(a) of title 38, United States Code.)

(4)You must suffer a scheduled loss under paragraph (e)(7) of this section within two years of the traumatic injury.

(f)*Who will determine eligibility for traumatic injury protection benefits?* Each uniformed service will certify its own members for traumatic injury protection benefits based upon section 1032 of Public Law 109-13, section 501 of Public Law 109-233, and this section. The uniformed service will certify whether you were at the time of the traumatic injury insured under Servicemembers' Group Life Insurance and whether you have sustained a qualifying loss.

(j)The Traumatic Servicemembers' Group Life Insurance program will be administered in accordance with this rule, except to the extent that any regulatory provision is inconsistent with subsequently enacted applicable law. (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0671.) [FR Doc. E7-4141 Filed 3-7-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AM21 Medical: Informed Consent—Designate Health Care Professionals To Obtain Informed Consent AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: This document amends U.S. Department of Veterans Affairs

(VA)medical regulations on informed consent. The final rule authorizes VA to designate additional categories of health care professionals to obtain the informed consent of patients or their surrogates for clinical treatment and procedures and to sign the consent form. DATES: *Effective Date:* April 9, 2007. FOR FURTHER INFORMATION CONTACT: Ruth Cecire, PhD, Policy Analyst, National Center for Ethics in Health Care (10E), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; 202-501-2012 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: In a document published in the **Federal Register** on February 1, 2006 (71 FR 5204), VA proposed to amend 38 CFR 17.32 to authorize the designation of additional categories of health care professionals to obtain the informed consent of patients or their surrogates and to sign the consent form. The comment period for this proposed rule ended April 3, 2006. We received one comment and now issue this final rule. This rule amends VA medical regulations on informed consent and brings VA practice in line with current professional standards of care. Specifically, it allows VA to designate appropriately trained health care professionals ( *e.g.* , advanced practice nurses and physician assistants), who have primary responsibility for the patient or who will perform a particular procedure or provide a treatment, to conduct the informed consent discussion and sign the consent form. These changes and the specific requirements that define “appropriately trained health care professionals” will be documented in a revision to VHA Handbook 1004.1, Informed Consent for Clinical Treatments and Procedures. The current definition of practitioner encompasses any health care professional who has been granted specific clinical privileges to perform the treatment or procedure. It also includes medical and dental residents who may not be clinically privileged but who, under the current regulation, may obtain the informed consent and sign the consent form. This rule extends the exception regarding clinical privileging to other appropriately trained health care professionals, which will be clearly defined in national VA policy. This change is required because clinical privileges are not granted to all health care professionals in VA who provide treatments and procedures. Some health care professionals work under specific “scope of practice” agreements or other formal delineations of job responsibility that specify which treatments and procedures the individual can provide based on his or her training, certification, knowledge, skills, and/or licensure. These agreements are developed and signed at the local facility level based on national policy requirements. Under the current regulatory definition of practitioner, physician assistants, advanced practice nurses and other appropriately trained health care professionals who are not clinically privileged but are performing procedures or providing treatments, as approved by their facility and supported by the standards of their respective professions, may not obtain informed consent from the patient. This rule would allow these treating practitioners to obtain informed consent from the patient and sign the consent form. This scope of practice will be limited to those specific individuals who meet detailed requirements set by VA national policy and who also gain approval from their local facility to carry out these duties. No change is made to the general requirements for informed consent in this rule. The practitioner, who has primary responsibility for the patient or who will perform the particular procedure or provide the treatment, must obtain consent from the patient as described in the regulation. VA received one comment asking that we omit reference to designated “health care professionals” and expand the definition of “practitioner” to include advanced practice nurses and physician assistants only. The commenter suggested that other health care professionals may lack the qualifications necessary to obtain patients' informed consent. VA recognizes that many health care professionals may lack appropriate qualifications to obtain informed consent. Indeed, some advanced practice nurses and physician assistants may not be qualified to do so. However, the commenters' proposed change neither ensures quality nor allows VA to remedy the problem that non-privileged providers are currently prohibited from obtaining consent from the patients they treat. We believe that promoting direct communication between the treating practitioner and the patient improves informed consent and improves patient care. Ensuring that providers are appropriately qualified to conduct informed consent discussions with patients will be addressed through establishing national requirements in VA policy and holding local VHA facilities accountable for making certain that each individual provider assigned those duties is competent to perform them. In our view, the rule's proviso, that designation is authorized only for other appropriately trained health care professionals, when combined with the regulation's requirement that consent be obtained by the health care professional who has primary responsibility for the patient or who will perform the particular procedure or provide the treatment, allows VA a necessary level of control over quality through the specification in policy and certification in practice of “appropriately trained health care professionals.” Accordingly, we made no change based on this comment. We are also making nonsubstantive changes to make the terminology used in the regulation consistent with current Department practice. These include changing “health-care” to “health care” and “medical record” to “health record” throughout the section. Based on the rationale set forth in the proposed rule and those contained in this document, we are adopting the provisions of the proposed rule as a final rule without change. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any given year. This rule would have no such effect on State, local, and tribal governments, or the private sector. Paperwork Reduction Act of 1995 This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521). The existing information collections associated with the informed consent process have been approved by OMB under control number 2900-0583. Executive Order 12866—Regulatory Planning and Review Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Order classifies a rule as a significant regulatory action requiring review by the Office of Management and Budget if it meets any one of a number of specified conditions, including: having an annual affect on the economy of $100 million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. VA has examined the economic, legal, and policy implications of this final rule and has concluded that it is a significant regulatory action because it raises novel policy issues. Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). The rule will affect only individuals and will not directly affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles are 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; and 64.011, Veterans Dental Care. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans. Approved: October 24, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set forth in the preamble, 38 CFR part 17 is amended as set forth below: PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: Authority: 38 U.S.C. 501, 1721, and as stated in specific sections. 2. Section 17.32 is amended by: a. Removing “health-care” each time it appears and adding in its place “health care”. b. Removing “medical record” each time it appears and adding in its place “health record”. c. In the list of definitions in paragraph (a), revising the definition of “Practitioner”. The revision reads as follows: § 17.32 Informed consent and advance care planning.

(a)* * * *Practitioner.* Any physician, dentist, or health care professional who has been granted specific clinical privileges to perform the treatment or procedure. For the purpose of obtaining informed consent for medical treatment, the term practitioner includes medical and dental residents and other appropriately trained health care professionals designated by VA regardless of whether they have been granted clinical privileges. [FR Doc. E7-4142 Filed 3-7-07; 8:45 am] BILLING CODE 8320-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 [EPA-HQ-OAR-2001-0004; FRL-8283-9] RIN 2060-AM59 Nonattainment New Source Review

(NSR)AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The EPA is finalizing revisions to the regulations governing the nonattainment new source review

(NSR)program mandated by section 110(a)(2)(C) of the Clean Air Act (CAA or Act). These revisions implement changes to the preconstruction review requirements for major stationary sources in nonattainment areas in interim periods between designation of new nonattainment areas and adoption of a revised State Implementation Plan (SIP). The revisions conform the nonattainment permitting rules that apply during the SIP development period following nonattainment designations before SIP approval to the Federal permitting rules applicable to SIP-approved programs. The changes are intended to provide a consistent national program for permitting major stationary sources in nonattainment areas under section 110(a)(2)(C) and part D of title I of the Act. In particular, these changes conform the regulations to the NSR reform provisions that EPA promulgated by notice dated December 31, 2002, except that these changes do not include the NSR reform provisions for “clean units” or “pollution control projects,” which the U.S. Court of Appeals for the D.C. Circuit vacated in *New York* v. *EPA* , 413 F.3d 3 (DC Cir. 2005). In addition, these changes include an interim interpretation of the NSR reform provision for a “reasonable possibility” standard for recordkeeping and reporting requirements, in accordance with that court decision. This interim interpretation to the “reasonable possibility“ standard applies for appendix S purposes, pending the completion of rulemaking to develop a more complete interpretation. DATES: This final rule is effective on May 7, 2007. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2001-0004. All documents in the docket are listed on the *http://www.regulations.gov* Web site. Although listed in the index, some information may not be publicly available, e.g., 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 Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the Air Docket is

(202)566-1742. FOR FURTHER INFORMATION CONTACT: Ms. Lisa Sutton, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-03), Environmental Protection Agency, Research Triangle Park, NC 27711; *telephone number:*

(919)541-3450; *fax number:*

(919)541-5509; *e-mail address: sutton.lisa@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? Entities affected by this rule include sources in all industry groups. The majority of sources potentially affected are expected to be in the following groups: Industry Group SIC a NAICS b Electric Services 491 221111, 221112, 221113, 221119, 221121, 221122. Petroleum Refining 291 324110. Industrial Inorganic Chemicals 281 325181, 325120, 325131, 325182, 211112, 325998, 331311, 325188. Industrial Organic Chemicals 286 325110, 325132, 325192, 325188, 325193, 325120, 325199. Miscellaneous Chemical Products 289 325520, 325920, 325910, 325182, 325510. Natural Gas Liquids 132 211112. Natural Gas Transport 492 486210, 221210. Pulp and Paper Mills 261 322110, 322121, 322122, 322130. Paper Mills 262 322121, 322122. Automobile Manufacturing 371 336111, 336112, 336211, 336992, 336322, 336312, 336330, 336340, 336350, 336399, 336212, 336213. Pharmaceuticals 283 325411, 325412, 325413, 325414. a Standard Industrial Classification. b North American Industry Classification System. Entities affected by the rule also include States, local permitting authorities, and Indian tribes whose lands contain new and modified major stationary sources. B. Where Can I Obtain Additional Information? In addition to being available in the docket, an electronic copy of this final rule is also available on the World Wide Web. Following signature by the EPA Administrator, a copy of this final rule will be posted on the EPA's NSR Web site, under Regulations & Standards, at *http://www.epa.gov/nsr.* C. How Is This Preamble Organized? The information presented in this preamble is organized as follows: I. General Information A. Does This Action Apply to Me? B. Where Can I Obtain Additional Information? C. How Is This Preamble Organized? II. Overview of This Final Action III. Background A. The Major NSR Program B. What We Proposed IV. Description of This Final Action and Legal Basis A. Final Changes to Appendix S B. Legal Basis for Changes to Appendix S C. Approach for “Reasonable Possibility” Standard V. Summary of Major Comments and Responses VI. Effective Date for Requirements VII. Statutory and Executive Order Reviews A. Executive Order 12866—Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act

(RFA)D. Unfunded Mandates Reform Act E. Executive Order 13132—Federalism F. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045—Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211—Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898—Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act VIII. Judicial Review IX. Statutory Authority II. Overview of This Final Action In this action, we are finalizing previously proposed changes to the regulations that govern NSR permitting of major stationary sources in nonattainment areas in appendix S of 40 CFR part 51. Appendix S contains the permitting program for major stationary sources that are located either in nonattainment areas or in the Ozone Transport Region (OTR), in transition periods before EPA approves a SIP to implement the NSR requirements in part D of title I. These final rules revise appendix S to generally conform it to regulations at 40 CFR 51.165 for SIP programs for nonattainment major NSR, as those regulations were revised to implement NSR reform. 67 FR 80816 (December 31, 2002) (2002 NSR reform rules). However, the U.S. Court of Appeals for the D.C. Circuit, in *New York* v. *EPA,* 413 F.3d 3 (DC Cir. 2005) ( *New York* ), vacated the Clean Unit provision and the Pollution Control Project

(PCP)exemption in the 2002 NSR reform rules. Therefore, these final rules do not conform appendix S to the 2002 rules with respect to Clean Units or PCPs. The *New York* case also remanded the “reasonable possibility” recordkeeping and reporting provision of the 2002 NSR reform rules for the EPA either to provide an acceptable explanation or to devise an appropriately supported alternative. In a separate **Federal Register** notice published on this date, we are proposing clarification of the “reasonable possibility” standard to address under which circumstances records must be kept for projects that do not trigger NSR. In the interim, the “reasonable possibility” standard remains in effect in our major NSR regulations and we provide an interpretation that indicates one set of circumstances under which the “reasonable possibility” standard is met. States may provide different recordkeeping requirements provided that the recordkeeping requirements address the concerns noted in the Court's remand. III. Background A. The Major NSR Program The major NSR program contained in parts C and D of title I of the Act is a preconstruction review and permitting program applicable to new and modified major stationary sources of air pollutants regulated under the Act. In areas not meeting health-based national ambient air quality standards (NAAQS) and in ozone transport regions, the program is implemented under the requirements of section 110(a)(2)(C) and part D of title I of the Act. We call this program the “nonattainment” NSR program. Subpart 1 of part D of title I contains general requirements for nonattainment areas for any pollutant for which there is a NAAQS. In areas meeting the NAAQS (“attainment” areas) or for which there is insufficient information to determine whether they meet the NAAQS (“unclassifiable” areas), the NSR requirements under part C of title I of the Act apply. This program is called the Prevention of Significant Deterioration

(PSD)program. Collectively, we also commonly refer to the attainment and nonattainment programs as the major NSR program. Regulations comprising the major NSR program are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part 51, appendix S. Of these, the nonattainment area regulations are contained in 40 CFR 51.165, 52.24, and part 51, appendix S. The NSR provisions of the Act are implemented primarily through State preconstruction permitting programs. As provided in section 172(c)(4) of the Act, the SIP must require permits for the construction and operation of new or modified major stationary sources in accordance with section 173 of the Act. The permitting requirements for SIPs for major stationary sources locating in nonattainment areas are found in 40 CFR 51.165. 40 CFR 52.24(k) specifies that appendix S governs permits to construct and operate when such permits were applied for during the period between the date of designation as nonattainment and the date we approve the part D major NSR plan. Appendix S states that it is an interpretation of 40 CFR subpart I (including § 51.165), and it has historically reflected substantially the same requirements as the part D NSR requirements. This includes the requirement to comply with the lowest achievable emission rate

(LAER)and obtain offsetting emission reductions, with a limited exemption in section VI of the appendix that applies to sources that will not interfere with an area's attainment deadline and that will meet applicable SIP emissions limitations. Thus, consistent with section 110(a)(2)(C) of the Act, permitting of new and modified stationary sources in the area will be regulated as necessary to ensure that they do not interfere with attaining the NAAQS. As we describe further in section III.B of this preamble, these final regulations generally conform the regulatory language of appendix S to the major NSR program as revised on December 31, 2002, except for the provisions of that program vacated by the *New York* case. For a summary of the regulatory development process and stakeholder development for that rulemaking, see 67 FR 80188. B. What We Proposed On July 23, 1996, we proposed changes to the major NSR program, including the regulations contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part 51 appendix S (61 FR 38250). The 1996 proposal concerned, in part, five major changes to the NSR program-baseline emissions, actual-to-projected-actual methodology, Clean Units, Plantwide Applicability Limitations (PALs), and PCPs. On December 31, 2002 (67 FR 80187), we promulgated final changes concerning baseline emissions, actual-to-projected-actual methodology, Clean Units, PALs, and PCPs. We promulgated these changes in the regulations at 40 CFR 51.165, 51.166, and 52.21, and at the same time stated our intention to later conform the regulatory language in appendix S (and 40 CFR 52.24) to the final regulations. Today's actions finalize these changes to the regulations for both the approval and promulgation of implementation plans and requirements for preparation, adoption, and submittal of implementation plans governing the NSR programs mandated by parts C and D of title I of the Act. We also proposed conforming changes to 40 CFR (Code of Federal Regulations) part 51, appendix S, and part 52.24. Today we have not included the final regulatory language for these regulations. It is our intention to include regulatory changes that conform appendix S and 40 CFR 52.24 to today's final rules in any final regulations that set forth an interim implementation strategy for the 8-hour ozone standard. We intend to finalize changes to these sections precisely as we have finalized requirements for other parts of the program. Because these are conforming changes and the public has had an opportunity for review and comment, we will not be soliciting additional comments before we finalize them. We published final rules addressing implementation of the 8-hour ozone NAAQS, on April 30, 2004 (69 FR 23951) and November 29, 2005 (70 FR 71612). In the November 2005 final rule, in part, we revised appendix S to incorporate the major stationary source thresholds, significant emission rates, and offset ratios for sources of ozone precursors pursuant to part D, subpart 1 and subpart 2 of title I of the 1990 CAA Amendments, but we did not at that time include the regulatory changes we had proposed to conform appendix S language to that of the NSR reform rules. IV. Description of This Final Action and Legal Basis A. Final Changes to Appendix S In this final action, we have revised appendix S as proposed to generally conform the regulatory language in appendix S to that of the NSR reform rules. Specifically, the changes proposed in 1996 concerning baseline emission determinations, actual-to-projected-actual methodology, and PALs have been incorporated in sections II and IV of appendix S. As indicated at 67 FR 80187, it was our intent to finalize the changes to appendix S precisely as we have finalized requirements for other parts of the program. However, subsequently, the *New York* case vacated the Clean Unit provision and the PCP exemption in the 2002 NSR reform rules. Therefore, these final rules do not conform appendix S to the 2002 rule revisions relating to Clean Units and PCPs. In addition, as discussed later, these final rules conform appendix S to the “reasonable possibility” standard in the NSR reform rules. In a separate **Federal Register** notice published on this date, we are proposing clarification of the “reasonable possibility” standard to address under which circumstances records must be kept for projects that do not trigger NSR. We provide, in this preamble, an interim interpretation which addresses the issues raised by the Court in its remand. Table 1 shows where to find the changes being made to appendix S. Table 1.—Proposed Changes to Appendix S For the following provision * * * Added to § 51.165 in December 2002 at * * * Analogous provisions have been added to appendix S at paragraph Offsets (a)(3)(ii)

(H)through

(J)IV.C.7 through 8. Applicability test (a)(2)(ii) IV.I.1. Projected actual emissions (including “reasonable possibility” standard) (a)(6) IV.J. Clean Unit provisions for emissions units subject to LAER

(c)Clean Unit provisions for emissions units achieving emission limitation comparable to LAER

(d)PCP exclusion

(e)Actuals PALs

(f)IV.K. Severability

(g)IV.L. B. Legal Basis for Changes to Appendix S Appendix S provides on its face that it is an interpretation of the NSR permitting rules in subpart I, including (51.165. Therefore, it is necessary to have appendix S reflect substantially the same requirements as are in § 51.165. 1 Thus, we proposed to amend appendix S in this manner in the 1996 NSR proposal. 1 Thus, EPA has typically conformed appendix S to the part D nonattainment NSR permitting provisions governing SIPs at 40 CFR 51.165 (originally codified at § 51.18) whenever those regulations were revised. See, for example, 45 FR 52676 (Aug. 7, 1980); 47 FR 27554 (June 25, 1982); 49 FR 43210 (Oct. 26, 1984); 54 FR 27274 (June 28, 1989); 57 FR 3941 (Feb. 3, 1992). The legal basis for these changes is the same as that set forth in the preamble to the December 31, 2002, final rule providing NSR reforms for the other major NSR regulations. Additionally, we believe it is necessary to have appendix S reflect substantially the same requirements as codified at 40 CFR 51.165 because appendix S is an interpretation of the NSR permitting rules at 40 CFR part 51 subpart I, including § 51.165, as discussed earlier. As explained in section IV.A of this preamble, we are not amending appendix S to adopt the Clean Unit provision and PCP exemption that are in § 51.165, because the D.C. Circuit Court of Appeals vacated those provisions in the *New York* decision. Section 110(a)(2)(C) of the Act does not define specific requirements States must follow for issuing major source permits during the interim period between nonattainment designation and EPA approval of a nonattainment NSR SIP. However, we have historically recognized that the SIP development period provided for in section 172(b) of the Act leaves a gap in part D major NSR permitting and have determined that this gap is to be filled with an interim major NSR program that is substantially similar to the requirements of part D, including the LAER and offset requirements from part D, subject to a limited exemption where the attainment deadline will be met (57 FR at 18070, 18076). This interim NSR program has been implemented to date through appendix S. 2 Our regulations at 40 CFR 52.24(k) require States to follow appendix S during the time period between the date of designation as nonattainment and the date the part D major NSR plan is approved. Additionally, in the 1977 CAA Amendments, Congress indicated its intent that major NSR permitting apply during the SIP development period. [See Pub. L. No. 95-95, § 129(a), 91 Stat. 685 (1977).] Specifically, in 1977, when Congress enacted a moratorium on construction in any area lacking an approved part D NSR SIP, with a delayed effective date of July 1, 1979, Congress provided that appendix S govern permitting of sources constructing in such areas prior to that date, subject to a limited waiver by the Administrator. *Id.* 108(b), 129(a). We subsequently codified the use of appendix S as the interim major NSR program in 40 CFR 52.24(k), reasoning (in the context of implementing a delay in the construction ban for then-recently designated nonattainment areas) that Congress had provided that appendix S would remain in effect to protect air quality while State plans were being designed (45 FR 91604). When Congress removed the construction ban (except as provided in section 110(n)(3) of the Act), it left in place 40 CFR 52.24(k), implementing the interim major NSR program under appendix S. 2 Appendix S was originally promulgated in 1976 to address whether, and to what extent, new and modified sources would be allowed to construct in nonattainment areas whose attainment deadlines had already passed, in light of the regulatory requirement that new or modified sources be disapproved where the source would interfere with attainment of the NAAQS. 41 FR 55524 (Dec. 21, 1976). It required, *inter alia,* compliance with the LAER and with offsetting emission reductions in excess of the new source's emissions. At that time, part D NSR was not part of the CAA. When the part D NSR provisions were added in the 1977 Amendments to the CAA, Congress added the requirement that SIPs contain nonattainment NSR provisions as set forth in section 173, including LAER and the requirement to either offset the increase in new source emissions or ensure that emissions fell within a growth allowance. (The growth allowance provision was repealed in 1990.) Additionally, Congress provided that appendix S would govern preconstruction permitting in areas lacking approved part D SIPs before a construction ban went into effect, as discussed in more detail earlier. The continued application of appendix S through § 52.24(k) is also supported by the purpose of the CAA, specifically, section 101(b)(1), “to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population.” This provision was the basis for the original judicial finding that the Act imposed an obligation to prevent significant deterioration in areas that meet the NAAQS, prior to Congress' enactment of the PSD program at part C of the Act. 3 This policy of non-degradation and promoting productive capacity applies with even greater force in areas that fail to meet the NAAQS. Thus, we believe that an interim major NSR program for the SIP development period—as codified at appendix S—is supported by section 110(a)(2)(C), section 101(b)(1), Congressional intent, and our gapfilling authority under section 301(a) of the Act. 3 See *Alabama Power Co.* v. *Costle,* 636 F.3d 323, 346-047 (DC Cir. 1980) (discussing *Sierra Club* v. *Ruckelshaus,* 344 F. Supp. 253 (D.D.C. 1972), aff'd per curiam 4 ERC 1815 (DC Cir. 1972), aff'd by an equally divided court, sub nom *Fri* v. *Sierra Club,* 412 U.S. 541 (1973). C. Approach for “Reasonable Possibility” Standard These appendix S rules include the “reasonable possibility” standard of the 2002 NSR reform rules. In response to the remand of that standard handed down by the D.C. Circuit in the *New York* case, EPA provides an interim interpretation of “reasonable possibility” that is consistent with the Court's decision. We note that in a separate **Federal Register** notice published on this date, we are proposing clarification of the “reasonable possibility” standard to address under which circumstances a source that does not trigger NSR may nonetheless still be required to keep records. A major stationary source in a nonattainment area (or in the OTR) triggers the application of NSR when it makes a “modification,” which is defined as “any physical change * * * or change in the method of operation * * * which increases the amount of any air pollutant emitted” for which an area is in nonattainment or results in the emission of any such air pollutant not previously emitted by the source. CAA sections 172(c)(5), 171(4), 111(a)(4). The amount of the increase must be significant, and EPA, through rulemaking, has determined significance levels for various pollutants where the Act does not independently specify a significance threshold. See 40 CFR 51.165(a)(1)(x), 51.166(b)(23)(i), paragraph II.A.10 of appendix S to Part 51, and 52.21(b)(23)(i). To determine the amount of increase from the change, the NSR rules prior to revision by the 2002 NSR reform rules generally required a source other than an electric utility steam generating unit (EUSGU) to compare the amount of the source's actual emissions during a baseline period to the amount the source would emit after the change based on the source's potential to emit

(PTE)to determine if a “significant net emissions increase” has occurred. The 2002 NSR reform rules provided non-EUSGU sources a choice in how to determine the post-change amount: these sources could continue to use the PTE amount (the actuals-to-potentials test), or they could use the amount of actual emissions the sources projected to occur (the actuals-to-projected-actuals test). The preamble to the NSR reform rules contains a more detailed discussion, 67 FR at 80,187. For a source that elects the actuals-to-projected-actuals test and calculates that the amount of any increase would not exceed the significance levels and therefore does not trigger NSR, the NSR reform rules provide requirements to maintain records of the calculations and post-change emissions if the source determines that there is “a reasonable possibility that [the change] may result in a significant emissions increase * * *. ” 40 CFR 52.21(r)(6). In the *New York* case, the DC Circuit remanded this provision, stating: Because EPA has failed to explain how it can ensure NSR compliance without the relevant data, we will remand for it either to provide an acceptable explanation for its “reasonable possibility” standard or to devise an appropriately supported alternative. 413 F.3d at 35-36. In a separate **Federal Register** notice published on this date, we are proposing clarification of the “reasonable possibility” standard to identify when a source must keep records despite the fact that a physical or operational change does not trigger NSR. The EPA intends, as part of that rulemaking, to revise appendix S to the extent necessary to conform to the results of that rulemaking. In the interim, until EPA completes the rulemaking, EPA announces that it interprets the standard so that a source may conclude there is no “reasonable possibility” that the change will result in a significant increase in emissions only if the change's projected actual emissions increase is below 50 percent of the applicable NSR significance level for any pollutant. This test may be termed the “percentage increase trigger.” We base our conclusion on an assumption that the magnitude of projected actual emissions correlates positively to the likelihood of a significant emissions increase. The EPA believes that this interpretation addresses the issues identified by the Court in the *New York* case. V. Summary of Major Comments and Responses As we noted in section III.B of this preamble, we proposed changes to appendix S and the other major NSR regulations in 1996. Thus, the comments and responses concerning the final regulations on December 31, 2002 also apply to these final changes to appendix S. You will find the major comments and responses at 67 FR 80186. For a complete summary of the comments and responses, please see our Technical Support Document for the December 31, 2002 final rules, which is posted on the World Wide Web, on the EPA's New Source Review Web site, at *http://www.epa.gov/nsr/documents/nsr-tsd_11-22-02.pdf.* VI. Effective Date for Requirements These final changes to appendix S of 40 CFR part 51 will take effect in the NSR permitting programs for nonattainment areas on May 7, 2007. This means that appendix S as amended in this final action will apply on May 7, 2007 in any nonattainment area without an approved part D NSR SIP that applies to major sources in the nonattainment area for the nonattainment pollutant. VII. Statutory and Executive Order Reviews A. Executive Order 12866—Regulatory Planning and Review Under Executive Order

(EO)12866 (58 FR 51735, October 4, 1993), this action is a “significant regulatory action.” Accordingly, EPA submitted this action to the Office of Management and Budget

(OMB)for review under EO 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action. B. Paperwork Reduction Act This action does not impose any new information collection burden. The OMB has previously approved the information collection requirements contained in the existing regulations (40 CFR parts 51 and 52) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* , and has assigned OMB control number 2060-0003, EPA ICR number 1230.17. A copy of the OMB-approved Information Collection Request

(ICR)may be obtained from Susan Auby, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, or by calling

(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act

(RFA)The EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with this final rule. For purposes of assessing the impacts of this final rule on small entities, small entity is defined as:

(1)A small business as defined by the Small Business Administration's

(SBA)regulations at 13 CFR 121.201;

(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; or

(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final rule on small entities, EPA has concluded that this action will not have a significant economic impact on a substantial number of small entities. We are imposing no new requirements on small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. As this final rule generally incorporates the December 31, 2002 final rules into appendix S, we believe these rule changes will actually reduce the regulatory burden associated with the major NSR program by improving the operational flexibility of owners or operators and clarifying the requirements. Additionally, States are not required to revise their SIPs with respect to appendix S. The EPA will act as the reviewing authority where the State lacks authority to issue permits that meet the conditions of appendix S. Thus, this final rule is not subject to the requirements of sections 202 and 205 of the UMRA. Because we have not required any new Federal mandates, EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. E. Executive Order 13132—Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that 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.” This final rule does not have federalism implications. Nevertheless, as described in section III.B of this preamble, in developing this rule, we consulted with affected parties and interested stakeholders, including State and local authorities, to enable them to provide timely input in the development of this rule. The rule will 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. The revisions to appendix S do not have substantial direct effects on State and local agencies because State and local agencies are not required to revise their programs with respect to appendix S. The EPA will act as the reviewing authority where the State lacks authority to issue permits that meet the conditions of appendix S. Moreover, this revision provides sources permitted by States under appendix S greater certainty in application of the program, which should in turn reduce the overall burden of the program on State and local authorities. Thus, Executive Order 13132 does not apply to this final rule. F. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply. The purpose of this final rule, like that for the December 31, 2002 rules, is to add greater flexibility to the existing major NSR regulations. These changes have been incorporated into appendix S. Appendix S affects sources located in Indian country but has no direct effect on Indian tribes. Although major stationary sources affected by this final rule could be located in or near Indian country and/or be owned or operated by tribal governments, such sources would not incur additional costs or compliance burdens as a result of this rule. Instead, the only effect on such sources should be the benefit of the added certainty and flexibility provided by the rule. Although Executive Order 13175 does not apply to this rule, EPA afforded Tribal officials the opportunity to comment on the December 31, 2002 final rules, which were developed largely prior to issuance of Executive Order 13175. Two tribes submitted comments on that action. We recognize the importance of including tribal consultation as part of the rulemaking process. We will continue to consult with tribes on future rulemaking to assess and address tribal implications, and will work with tribes interested in seeking TIP approval to implement the NSR program to ensure consistency of tribal plans with this rule. G. Executive Order 13045—Protection of Children From Environmental Health and Safety Risks Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), applies to any rule that:

(1)As “economically significant” as defined under Executive Order 12866; and

(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. Based on our Supplemental Analysis, we believe that the December 31, 2002 rules that have been incorporated into this final action will result in equal or better environmental protection than provided by the prior regulations, and do so in a more streamlined and effective manner. H. Executive Order 13211—Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355; May 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This final rule improves the ability of sources to undertake pollution prevention or energy efficiency projects, switch to less polluting fuels or raw materials, maintain the reliability of production facilities, and effectively utilize and improve existing capacity. The rule also includes a number of provisions to streamline administrative and permitting processes so that facilities can quickly accommodate changes in supply and demand. The regulations provide several alternatives that are specifically designed to reduce administrative burden for sources that use pollution prevention or energy efficient projects. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), P.L. 104-113, 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. Although this rule does involve the use of technical standards, it does not preclude the State, local, and tribal reviewing agencies from using voluntary consensus standards. This final rule is an improvement of the existing NSR permitting program. As such, it only ensures that promulgated technical standards are considered and appropriate controls are installed, prior to the construction of major sources of air emissions. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898—Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994), establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. Based on our Supplemental Analysis, we believe that the December 31, 2002 rules that have been incorporated into this final action will result in equal or better environmental protection than provided by the prior regulations, and do so in a more streamlined and effective manner. K. 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. The 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). This action will be effective May 7, 2007. VIII. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 7, 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 enforce its requirements. See CAA section 307(b)(2). Pursuant to section 307(d)(1)(U) of the CAA, the Administrator determines that this action is subject to the provisions of section 307(d). Section 307(d)(1)(U) provides that the provisions of section 307(d) apply to “such other actions as the Administrator may determine.” This action finalizes elements of previous proposed actions that were determined to be subject to section 307(d)—the NSR rules published on December 31, 2002 (67 FR at 80244). Therefore, the procedural requirements of section 307(d) have been complied with for purposes of this action. IX. Statutory Authority The statutory authority for this action is provided by sections 101, 112, 114, 116, and 301 of the Act as amended (42 U.S.C. 7401, 7412, 7414, 7416, and 7601). This rulemaking is also subject to section 307(d) of the Act (42 U.S.C. 7407(d)). Nonattainment New Source Review: Appendix S—Page 37 of 91 List of Subjects in 40 CFR Part 51 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Transportation, Volatile organic compounds. Dated: February 28, 2007. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 51—[AMENDED] 1. The authority citation for part 51 continues to read as follows: Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q. Appendix S to Part 51—[Amended] 2. Appendix S to Part 51 is amended as follows: a. By revising paragraph II.A.1. b. By revising paragraphs II.A.5(i) and (ii). c. By adding paragraph II.A.5(vi). d. By revising paragraph II.A.6(i). e. By revising paragraph II.A.6(iii). f. By revising paragraph II.A.6(v)( *b* ) through ( *d* ). g. By adding paragraph II.A.6(vii). h. By revising paragraph II.A.7. i. By revising paragraph II.A.13. j. By revising paragraph II.A.14. k. By revising the introductory text in paragraph II.A.18. l. By adding paragraphs II.A.21 through 36. m. By adding paragraphs IV. I through L. The revisions and additions read as follows: Appendix S to Part 51—Emission Offset Interpretative Ruling II. * * * A. * * * 1. *Stationary source* means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. 5.

(i)*Major modification* means any physical change in or change in the method of operation of a major stationary source that would result in: ( *a* ) A significant emissions increase of a regulated NSR pollutant (as defined in paragraph II.A.31 of this Ruling); and ( *b* ) A significant net emissions increase of that pollutant from the major stationary source.

(ii)Any significant emissions increase (as defined in paragraph II.A.23 of this Ruling) from any emissions units or net emissions increase (as defined in paragraph II.A.6 of this Ruling) at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.

(vi)This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph IV.K of this ruling for a PAL for that pollutant. Instead, the definition at paragraph IV.K.2(viii) of this Ruling shall apply. 6.(i) *Net emissions increase* means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: ( *a* ) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to paragraph IV.J of this Ruling; and ( *b* ) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph II.A.6(i)( *b* ) shall be determined as provided in paragraph II.A.30 of this Ruling, except that paragraphs II.A.30(i)( *c* ) and II.A.30(ii)( *d* ) of this Ruling shall not apply.

(iii)An increase or decrease in actual emissions is creditable only if the reviewing authority has not relied on it in issuing a permit for the source under this Ruling, which permit is in effect when the increase in actual emissions from the particular change occurs.

(v)* * * ( *b* ) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins; ( *c* ) The reviewing authority has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR 51.165; and ( *d* ) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(vii)Paragraph II.A.13(ii) of this Ruling shall not apply for determining creditable increases and decreases or after a change. 7. *Emissions unit* means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in paragraph II.A.21 of this Ruling. For purposes of this Ruling, there are two types of emissions units as described in paragraphs II.A.7(i) and

(ii)of this Ruling.

(i)A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than 2 years from the date such emissions unit first operated.

(ii)An existing emissions unit is any emissions unit that does not meet the requirements in paragraph II.A.7(i) of this Ruling. 13.

(i)*Actual emissions* means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs II.A.13(ii) through

(iv)of this Ruling, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph IV.K of this Ruling. Instead, paragraphs II.A.24 and 30 of this Ruling shall apply for those purposes.

(ii)In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The reviewing authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(iii)The reviewing authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(iv)For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 14. *Construction* means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions. 18. *Lowest achievable emission rate (LAER)* means, for any source, the more stringent rate of emissions based on the following: * * * 21. *Electric utility steam generating unit* means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 22. *Pollution prevention* means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal. 23. *Significant emissions increase* means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragraph II.A.10 of this Ruling) for that pollutant. 24.

(i)*Projected actual emissions* means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(ii)In determining the projected actual emissions under paragraph II.A.24(i) of this Ruling before beginning actual construction, the owner or operator of the major stationary source: ( *a* ) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and ( *b* ) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and ( *c* ) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph II.A.30 of this Ruling and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, ( *d* ) In lieu of using the method set out in paragraphs II.A.24(ii)( *a* ) through ( *c* ) of this Ruling, may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph II.A.3 of this Ruling. 25. *Nonattainment major new source review

(NSR)program* means a major source preconstruction permit program that implements Sections I through VI of this Ruling, or a program that has been approved by the Administrator and incorporated into the plan to implement the requirements of § 51.165 of this part. Any permit issued under such a program is a major NSR permit. 26. *Continuous emissions monitoring system (CEMS)* means all of the equipment that may be required to meet the data acquisition and availability requirements of this Ruling, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. 27. *Predictive emissions monitoring system (PEMS)* means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 or CO 2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 28. *Continuous parameter monitoring system (CPMS)* means all of the equipment necessary to meet the data acquisition and availability requirements of this Ruling, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 or CO 2 concentrations), and to record average operational parameter value(s) on a continuous basis. 29. *Continuous emissions rate monitoring system (CERMS)* means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 30. *Baseline actual emissions* means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs II.A.30(i) through

(iv)of this Ruling.

(i)For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The reviewing authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. ( *a* ) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. ( *b* ) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. ( *c* ) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. ( *d* ) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph II.A.30(i)( *b* ) of this Ruling.

(ii)For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the reviewing authority for a permit required either under this Ruling or under a plan approved by the Administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. ( *a* ) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. ( *b* ) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. ( *c* ) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of this chapter, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan. ( *d* ) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. ( *e* ) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs II.A.30(ii)( *b* ) and ( *c* ) of this Ruling.

(iii)For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(iv)For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph II.A.30(i) of this Ruling, for other existing emissions units in accordance with the procedures contained in paragraph II.A.30(ii) of this Ruling, and for a new emissions unit in accordance with the procedures contained in paragraph II.A.30(iii) of this Ruling. 31. *Regulated NSR pollutant,* for purposes of this Ruling, means the following:

(i)Nitrogen oxides or any volatile organic compounds;

(ii)Any pollutant for which a national ambient air quality standard has been promulgated; or

(iii)Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs II.A.31(i) or

(ii)of this Ruling, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. 32. *Reviewing authority* means the State air pollution control agency, local agency, other State agency, Indian tribe, or other agency issuing permits under this Ruling or authorized by the Administrator to carry out a permit program under §§ 51.165 and 51.166 of this part, or the Administrator in the case of EPA-implemented permit programs under this Ruling or under § 52.21 of this chapter. 33. *Project* means a physical change in, or change in the method of operation of, an existing major stationary source. 34. *Best available control technology (BACT)* means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the reviewing authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR part 60 or 61. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 35. *Prevention of Significant Deterioration

(PSD)permit* means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of § 51.166 of this chapter, or under the program in § 52.21 of this chapter. 36. *Federal Land Manager* means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. IV. * * * I. *Applicability procedures.* 1. To determine whether a project constitutes a major modification, the reviewing authority shall apply the principles set out in paragraphs IV.I.1(i) through

(v)of this Ruling.

(i)Except as otherwise provided in paragraph IV.I.2 of this Ruling, and consistent with the definition of major modification contained in paragraph II.A.5 of this Ruling, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases—a significant emissions increase (as defined in paragraph II.A.23 of this Ruling), and a significant net emissions increase (as defined in paragraphs II.A.6 and 10 of this Ruling). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(ii)The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs IV.I.1(iii) through

(v)of this Ruling. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in paragraph II.A.6 of this Ruling. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(iii)*Actual-to-projected-actual applicability test for projects that only involve existing emissions units.* A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph II.A.24 of this Ruling) and the baseline actual emissions (as defined in paragraphs II.A.30(i) and

(ii)of this Ruling, as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph II.A.10 of this Ruling).

(iv)*Actual-to-potential test for projects that only involve construction of a new emissions unit(s).* A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in paragraph II.A.3 of this Ruling) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph II.A.30(iii) of this Ruling) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph II.A.10 of this Ruling).

(v)*Hybrid test for projects that involve multiple types of emissions units.* A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs IV.I.1(iii) through

(iv)of this Ruling as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in paragraph II.A.10 of this Ruling). 2. For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under paragraph IV.K of this Ruling. J. *Provisions for projected actual emissions.* The provisions of this paragraph IV.J apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraphs II.A.24(ii)( *a* ) through ( *c* ) of this Ruling for calculating projected actual emissions. 1. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(i)A description of the project;

(ii)Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(iii)A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph II.A.24(ii)( *c* ) of this Ruling and an explanation for why such amount was excluded, and any netting calculations, if applicable. 2. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph IV.J.1 of this Ruling to the reviewing authority. Nothing in this paragraph IV.J.2 shall be construed to require the owner or operator of such a unit to obtain any determination from the reviewing authority before beginning actual construction. 3. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified in paragraph IV.J.1(ii) of this Ruling; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. 4. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the reviewing authority within 60 days after the end of each year, during which records must be generated under paragraph IV.J.3 of this Ruling setting out the unit's annual emissions during the year that preceded submission of the report. 5. If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the reviewing authority if the annual emissions, in tons per year, from the project identified in paragraph IV.J.1 of this Ruling, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph IV.J.1(iii) of this Ruling) by a significant amount (as defined in paragraph II.A.10 of this Ruling) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph IV.J.1(iii) of this Ruling. Such report shall be submitted to the reviewing authority within 60 days after the end of such year. The report shall contain the following:

(i)The name, address and telephone number of the major stationary source;

(ii)The annual emissions as calculated pursuant to paragraph IV.J.3 of this Ruling; and

(iii)Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 6. [Reserved] 7. The owner or operator of the source shall make the information required to be documented and maintained pursuant to this paragraph IV.J of this Ruling available for review upon a request for inspection by the reviewing authority or the general public pursuant to the requirements contained in § 70.4(b)(3)(viii) of this chapter. K. *Actuals PALs.* The provisions in paragraphs IV.K.1 through 15 of this Ruling govern actuals PALs. 1. Applicability.

(i)The reviewing authority may approve the use of an actuals PAL for any existing major stationary source (except as provided in paragraph IV.K.1(ii) of this Ruling) if the PAL meets the requirements in paragraphs IV.K.1 through 15 of this Ruling. The term “PAL” shall mean “actuals PAL” throughout paragraph IV.K of this Ruling.

(ii)The reviewing authority shall not allow an actuals PAL for VOC or NO X for any major stationary source located in an extreme ozone nonattainment area.

(iii)Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs IV.K.1 through 15 of this Ruling, and complies with the PAL permit: ( *a* ) Is not a major modification for the PAL pollutant; ( *b* ) Does not have to be approved through a nonattainment major NSR program; and ( *c* ) Is not subject to the provisions in paragraph IV.F of this Ruling (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of a nonattainment major NSR program).

(iv)Except as provided under paragraph IV.K.1(iii)( *c* ) of this Ruling, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 2. *Definitions.* For the purposes of this paragraph IV.K, the definitions in paragraphs IV.K.2(i) through

(xi)of this Ruling apply. When a term is not defined in these paragraphs, it shall have the meaning given in paragraph II.A of this Ruling or in the Act.

(i)*Actuals PAL* for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph II.A.30 of this Ruling) of all emissions units (as defined in paragraph II.A.7 of this Ruling) at the source, that emit or have the potential to emit the PAL pollutant.

(ii)*Allowable emissions* means “allowable emissions” as defined in paragraph II.A.11 of this Ruling, except as this definition is modified according to paragraphs IV.K.2(ii)( *a* ) through ( *b* ) of this Ruling. ( *a* ) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. ( *b* ) An emissions unit's potential to emit shall be determined using the definition in paragraph II.A.3 of this Ruling, except that the words “enforceable as a practical matter” should be added after “federally enforceable.”

(iii)*Small emissions unit* means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph II.A.10 of this Ruling or in the Act, whichever is lower.

(iv)Major emissions unit means: ( *a* ) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or ( *b* ) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

(v)*Plantwide applicability limitation (PAL)* means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs IV.K.1 through 15 of this Ruling.

(vi)*PAL effective date* generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(vii)*PAL effective period* means the period beginning with the PAL effective date and ending 10 years later.

(viii)*PAL major modification* means, notwithstanding paragraphs II.A.5 and 6 of this Ruling (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(ix)*PAL permit* means the permit issued under this Ruling, the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the plan, or the title V permit issued by the reviewing authority that establishes a PAL for a major stationary source.

(x)*PAL pollutant* means the pollutant for which a PAL is established at a major stationary source.

(xi)*Significant emissions unit* means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph II.A.10 of this Ruling or in the Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph IV.K.2(iv) of this Ruling. 3. *Permit application requirements.* As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the reviewing authority for approval:

(i)A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations or work practices apply to each unit.

(ii)Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown and malfunction.

(iii)The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph IV.K.13(i) of this Ruling. 4. General requirements for establishing PALs.

(i)The reviewing authority is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs IV.K.4(i) ( *a* ) through ( *g* ) of this Ruling are met. ( *a* ) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. ( *b* ) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph IV.K.5 of this Ruling. ( *c* ) The PAL permit shall contain all the requirements of paragraph IV.K.7 of this Ruling. ( *d* ) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. ( *e* ) Each PAL shall regulate emissions of only one pollutant. ( *f* ) Each PAL shall have a PAL effective period of 10 years. ( *g* ) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs IV.K. 12 through 14 of this Ruling for each emissions unit under the PAL through the PAL effective period.

(ii)At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under paragraph IV.C of this Ruling unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. 5. *Public participation requirement for PALs.* PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with ((51.160 and 51.161 of this chapter. This includes the requirement that the reviewing authority provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The reviewing authority must address all material comments before taking final action on the permit. 6. *Setting the 10-year actuals PAL level.* The actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in paragraph II.A.30 of this Ruling) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph II.A.10 of this Ruling or under the Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. Emissions from units on which actual construction began after the 24-month period must be added to the PAL level in an amount equal to the potential to emit of the units. The reviewing authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the reviewing authority is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NO X to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 7. *Contents of the PAL permit.* The PAL permit contain, at a minimum, the information in paragraphs IV.K.7

(i)through

(x)of this Ruling.

(i)The PAL pollutant and the applicable source-wide emission limitation in tons per year.

(ii)The PAL permit effective date and the expiration date of the PAL (PAL effective period).

(iii)Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph IV.K.10 of this Ruling before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the reviewing authority.

(iv)A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions.

(v)A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph IV.K.9 of this Ruling.

(vi)The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph IV.K.13(i) of this Ruling.

(vii)A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph IV.K.12 of this Ruling.

(viii)A requirement to retain the records required under paragraph IV.K.13 of this Ruling on site. Such records may be retained in an electronic format.

(ix)A requirement to submit the reports required under paragraph IV.K.14 of this Ruling by the required deadlines.

(x)Any other requirements that the reviewing authority deems necessary to implement and enforce the PAL. 8. *PAL effective period and reopening of the PAL permit.* The requirements in paragraphs IV.K.8(i) and

(ii)of this Ruling apply to actuals PALs.

(i)*PAL effective period.* The reviewing authority shall specify a PAL effective period of 10 years.

(ii)Reopening of the PAL permit. ( *a* ) During the PAL effective period, the reviewing authority must reopen the PAL permit to: ( *1* ) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL. ( *2* ) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under paragraph IV.C of this Ruling. ( *3* ) Revise the PAL to reflect an increase in the PAL as provided under paragraph IV.K.11 of this Ruling. ( *b* ) The reviewing authority shall have discretion to reopen the PAL permit for the following: ( *1* ) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date. ( *2* ) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source under the plan. ( *3* ) Reduce the PAL if the reviewing authority determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. ( *c* ) Except for the permit reopening in paragraph IV.K.8(ii)( *a* )( *1* ) of this Ruling for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraph IV.K.5 of this Ruling. 9. *Expiration of a PAL.* Any PAL which is not renewed in accordance with the procedures in paragraph IV.K.10 of this Ruling shall expire at the end of the PAL effective period, and the requirements in paragraphs IV.K.9(i) through

(v)of this Ruling shall apply.

(i)Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs IV.K.9(i)( *a* ) through ( *b* ) of this Ruling. ( *a* ) Within the time frame specified for PAL renewals in paragraph IV.K.10(ii) of this Ruling, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the reviewing authority) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph IV.K.10(v) of this Ruling, such distribution shall be made as if the PAL had been adjusted. ( *b* ) The reviewing authority shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the reviewing authority determines is appropriate.

(ii)Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The reviewing authority may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation.

(iii)Until the reviewing authority issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph IV.K.9(i)( *a* ) of this Ruling, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.

(iv)Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modification in paragraph II.A.5 of this Ruling.

(v)The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph IV.F of this Ruling, but were eliminated by the PAL in accordance with the provisions in paragraph IV.K.1(iii)( *c* ) of this Ruling. 10. Renewal of a PAL.

(i)The reviewing authority shall follow the procedures specified in paragraph IV.K.5 of this Ruling in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the reviewing authority.

(ii)*Application deadline.* The major stationary source owner or operator shall submit a timely application to the reviewing authority to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

(iii)*Application requirements.* The application to renew a PAL permit shall contain the information required in paragraphs IV.K.10(iii)( *a* ) through ( *d* ) of this Ruling. ( *a* ) The information required in paragraphs IV.K.3(i) through

(iii)of this Ruling. ( *b* ) A proposed PAL level. ( *c* ) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation). ( *d* ) Any other information the owner or operator wishes the reviewing authority to consider in determining the appropriate level for renewing the PAL.

(iv)*PAL adjustment.* In determining whether and how to adjust the PAL, the reviewing authority shall consider the options outlined in paragraphs IV.K.10(iv)( *a* ) and ( *b* ) of this Ruling. However, in no case may any such adjustment fail to comply with paragraph IV.K.10(iv)( *c* ) of this Ruling. ( *a* ) If the emissions level calculated in accordance with paragraph IV.K.6 of this Ruling is equal to or greater than 80 percent of the PAL level, the reviewing authority may renew the PAL at the same level without considering the factors set forth in paragraph IV.K.10(iv)( *b* ) of this Ruling; or ( *b* ) The reviewing authority may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the reviewing authority in its written rationale. ( *c* ) Notwithstanding paragraphs IV.K.10(iv)( *a* ) and ( *b* ) of this Ruling, ( *1* ) If the potential to emit of the major stationary source is less than the PAL, the reviewing authority shall adjust the PAL to a level no greater than the potential to emit of the source; and ( *2* ) The reviewing authority shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph IV.K.11 of this Ruling (increasing a PAL).

(v)If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the reviewing authority has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 11. Increasing a PAL during the PAL effective period.

(i)The reviewing authority may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs IV.K.11(i)( *a* ) through ( *d* ) of this Ruling. ( *a* ) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. ( *b* ) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. ( *c* ) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph IV.K.11(i)( *a* ) of this Ruling, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. ( *d* ) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(ii)The reviewing authority shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph IV.K.11(i)( *b* )), plus the sum of the baseline actual emissions of the small emissions units.

(iii)The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph IV.K.5 of this Ruling. 12. Monitoring requirements for PALs.

(i)General Requirements. ( *a* ) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. ( *b* ) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs IV.K.12(ii)( *a* ) through ( *d* ) of this Ruling and must be approved by the reviewing authority. ( *c* ) Notwithstanding paragraph IV.K.12(i)( *b* ) of this Ruling, you may also employ an alternative monitoring approach that meets paragraph IV.K.12(i)( *a* ) of this Ruling if approved by the reviewing authority. ( *d* ) Failure to use a monitoring system that meets the requirements of this Ruling renders the PAL invalid.

(ii)Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs IV.K.12(iii) through

(ix)of this Ruling: ( *a* ) Mass balance calculations for activities using coatings or solvents; ( *b* ) CEMS; ( *c* ) CPMS or PEMS; and ( *d* ) Emission Factors.

(iii)Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: ( *a* ) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; ( *b* ) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and ( *c* ) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the reviewing authority determines there is site-specific data or a site-specific monitoring program to support another content within the range.

(iv)CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: ( *a* ) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B; and ( *b* ) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

(v)CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: ( *a* ) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and ( *b* ) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the reviewing authority, while the emissions unit is operating.

(vi)Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: ( *a* ) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; ( *b* ) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and ( *c* ) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the reviewing authority determines that testing is not required.

(vii)A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

(viii)Notwithstanding the requirements in paragraphs IV.K.12(iii) through

(vii)of this Ruling, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the reviewing authority shall, at the time of permit issuance: ( *a* ) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or ( *b* ) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

(ix)Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the reviewing authority. Such testing must occur at least once every 5 years after issuance of the PAL. 13. Recordkeeping requirements.

(i)The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of paragraph IV.K of this Ruling and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record.

(ii)The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years: ( *a* ) A copy of the PAL permit application and any applications for revisions to the PAL; and ( *b* ) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance. 14. *Reporting and notification requirements.* The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the reviewing authority in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs IV.K.14(i) through (iii).

(i)Semi-Annual Report. The semi-annual report shall be submitted to the reviewing authority within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs IV.K.14(i)( *a* ) through ( *g* ) of this Ruling. ( *a* ) The identification of owner and operator and the permit number. ( *b* ) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph IV.K.13(i) of this Ruling. ( *c* ) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. ( *d* ) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period. ( *e* ) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. ( *f* ) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by paragraph IV.K.12(vii) of this Ruling. ( *g* ) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(ii)Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to § 70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing § 70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the following information: ( *a* ) The identification of owner and operator and the permit number; ( *b* ) The PAL requirement that experienced the deviation or that was exceeded; ( *c* ) Emissions resulting from the deviation or the exceedance; and ( *d* ) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(iii)Re-validation results. The owner or operator shall submit to the reviewing authority the results of any re-validation test or method within 3 months after completion of such test or method. 15. Transition requirements.

(i)No reviewing authority may issue a PAL that does not comply with the requirements in paragraphs IV.K.1 through 15 of this Ruling after the date that this Ruling becomes effective for the State in which the major stationary source is located.

(ii)The reviewing authority may supersede any PAL which was established prior to the date that this Ruling becomes effective for the State in which the major stationary source is located with a PAL that complies with the requirements of paragraphs IV.K.1 through 15 of this Ruling. L. *Severability.* If any provision of this Ruling, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Ruling, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. [FR Doc. E7-3888 Filed 3-7-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2006-1015; FRL-8285-1] Approval and Promulgation of Implementation Plans; Iowa; Interstate Transport of Pollution AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is revising the Iowa State Implementation Plan

(SIP)for the purpose of approving the Iowa Department of Natural Resources'

(IDNR)actions to address the “good neighbor” provisions of the Clean Air Act section 110(a)(2)(D)(i). These provisions require each state to submit a SIP that prohibits emissions that adversely affect another state's air quality through interstate transport. IDNR has adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants. These include prohibiting significant contribution to downwind nonattainment of the National Ambient Air Quality Standards (NAAQS), interference with maintenance of the NAAQS, prevention of significant deterioration of air quality, and protection of visibility. The requirements for public notification were also met by IDNR. DATES: This direct final rule will be effective May 7, 2007, without further notice, unless EPA receives adverse comment by April 9, 2007. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2006-1015, by one of the following methods: 1. *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. 2. *E-mail: Hamilton.heather@epa.gov* . 3. *Mail:* Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. *Hand Delivery or Courier.* Deliver your comments to Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. *Instructions:* Direct your comments to Docket ID No. EPA-R07-OAR-2006-1015. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit through *http://www.regulations.gov* or e-mail information that you consider to be CBI or otherwise protected. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., 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 in *http://www.regulations.gov* or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's official hours of business are Monday through Friday, 8 to 4:30 excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Heather Hamilton at

(913)551-7039, or by e-mail at *Hamilton.heather@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This section provides additional information by addressing the following questions: What is being addressed in this document? What action is EPA taking? What is being addressed in this document? EPA is making a revision to the SIP for the purpose of approving the IDNR's actions to address the requirements of the Clean Air Act

(CAA)section 110(a)(2)(D)(i). This CAA section requires each state to submit a SIP that prohibits emissions that could adversely affect another state. The SIP must prevent sources in the state from emitting pollutants in amounts which will:

(1)Contribute significantly to nonattainment of the NAAQS,

(2)interfere with maintenance of the NAAQS in another state,

(3)interfere with provisions to prevent significant deterioration of air quality, and

(4)interfere with efforts to protect visibility. EPA issued guidance on August 15, 2006, relating to SIP submissions to meet the requirements of section 110(a)(2)(D)(i). As discussed below, Iowa's analysis of its SIP with respect to the statutory requirements is consistent with the guidance. The IDNR has addressed the first two of these elements by the adoption of the Clean Air Interstate Rule

(CAIR)model rules that require Iowa sources to participate in the EPA-administered cap and trade program for nitrogen oxides (NO X ) and sulfur dioxide. Participation in this program will prohibit emissions from the state that will contribute significantly to nonattainment or interfere with the maintenance of the NAAQS in any downwind state. As previously determined by EPA, submittal of a SIP revision to satisfy CAIR also fulfills the state's obligations that pertain to “significant contribution” and “interference with maintenance” (70 FR 25162). It should be noted that EPA will act on Iowa's CAIR SIP in a separate rulemaking, and this action makes no conclusion with respect to approvability of that submittal. The third element IDNR addressed was prevention of significant deterioration (PSD). For 8-hour ozone, the state has met the obligation by confirming that major sources in the state are currently subject to PSD programs that implement the 8-hour ozone standard and that the state is on track to meet the June 15, 2007, deadline for SIP submissions adopting any relevant requirements of the Phase II ozone implementation rule. For PM 2.5 , the state has confirmed that the state's PSD program is being implemented in accordance with EPA's interim guidance calling for the use of PM 10 as a surrogate for PM 2.5 for the purposes of PSD review. Controlling PM 10 emissions and analyzing impacts on the environment serves as a surrogate approach for reducing PM 2.5 emissions and minimizing impacts to air quality. Once PM 2.5 guidance is finalized by EPA, IDNR commits to transitioning from use of the interim PM 2.5 guidance to the final PM 2.5 implementation guidance after approval of the PM 2.5 SIP revision (The submittal is due in April 2008). It should be noted that Iowa is currently designated attainment/unclassifiable for both the 8-hour ozone and PM 2.5 NAAQS. At this time, it is not possible for IDNR to accurately determine whether there is interference with measures in another state's SIP designed to protect visibility, which is the fourth element that was addressed. Technical projects relating to visibility degradation source-receptor relationships are under development. Iowa will be in a more advantageous position to address the visibility projection requirements once the initial regional haze SIP has been developed. IDNR intends to meet the December 17, 2007, submittal deadline for the regional haze SIP. A public hearing with regard to this action was held by the state. No comments were received. With this action, the non-regulatory text in 40 CFR 52.820(e) is revised to reflect that IDNR addressed the elements of the CAA section 110(a)(2)(D)(i) submittal. What action is EPA taking? EPA is approving this revision submitted by Iowa and is revising 40 CFR 52.820 to reflect that the IDNR has adequately addressed the required elements of the CAA section 110(a)(2)(D)(i) SIP. Please note that if EPA receives adverse comments on part of this rule, and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. Statutory and Executive Order Reviews 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 action 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 action 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 action 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 standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This action 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 approves a state rule implementing a Federal standard. In reviewing state submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. 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 action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). 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 May 7, 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 enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 27, 2007. John B. Askew, Regional Administrator, Region 7. 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 Q—Iowa 2. In § 52.820(e) the table is amended by adding an entry in numerical order to read as follows: § 52.820 Identification of plan.

(e)* * * EPA-Approved Iowa Nonregulatory Provisions Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date EPA approval date Explanation * * * * * * *

(36)CAA 110(a)(2)(D)(i) SIP—Interstate Transport Statewide 11/22/06 March 8, 2007 [insert FR page number where the document begins] [FR Doc. E7-4179 Filed 3-7-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Modified Base (1% annual-chance) Flood Elevations

(BFEs)are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and country Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Alabama: Tuscaloosa, (FEMA Docket No.: B-7455) City of Northport (04-04-B101P) November 9, 2005; November 16, 2005; *Northport Gazette* The Honorable Harvey Fretwell, Mayor, City of Northport, City Hall, 3500 McFarland Boulevard, Northport, Alabama 35476 February 15, 2006 010202 Arkansas: Craighead, (FEMA Docket No.: B-7455) City of Jonesboro (05-06-1627P) October 12, 2005; October 19, 2005; *Jonesboro Sun* The Honorable Doug Forman, Mayor, City of Jonesboro, City Hall, 515 West Washington Avenue, Jonesboro, Arkansas 72401 January 18, 2006 050048 Washington, (FEMA Docket No.: B-7455) City of Fayetteville (05-06-0478P) July 21, 2005; July 28, 2005; *Arkansas Democrat Gazette* The Honorable Dan Coudy, Mayor, City of Fayetteville, 113 West Mountain Street, Fayetteville, Arkansas 72701 October 27, 2005 050216 Arizona: Coconino, (FEMA Docket No.: B-7455) City of Flagstaff (04-09-1242P) June 9, 2005; June 16, 2005; *Arizona Daily Sun* The Honorable Joseph P. Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001 September 15, 2005 040020 Coconino, (FEMA Docket No.: B-7455) City of Flagstaff (04-09-0997P) October 12, 2005; October 19, 2005; *Arizona Daily Sun* The Honorable Joseph C. Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001 January 18, 2006 040020 Coconino, (FEMA Docket No.: B-7455) Unincorporated areas of Coconino County (04-09-0997P) October 12, 2005; October 19, 2005; *Arizona Daily Sun* The Honorable Elizabeth Archuleta, Chair, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, Arizona 86001 January 18, 2006 040019 Maricopa, (FEMA Docket No.: B-7455) City of Avondale (04-09-0933P) May 26, 2005; June 2, 2005; *Arizona Business Gazette* The Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323 May 17, 2005 040038 Maricopa, (FEMA Docket No.: B-7455) City of Fountain Hills (03-09-1143P) May 19, 2005; May 26, 2005; *The Tribune* The Honorable Wallace Nichols, Mayor, Town of Fountain Hills, P.O. Box 17958, Fountain Hills, Arizona 85269 August 25, 2005 040135 Maricopa, (FEMA Docket No.: B-7455) City of Peoria (05-09-1137P) July 7, 2005; July 14, 2005; *Arizona Business Gazette* The Honorable John Keegan, Mayor, City of Peoria, City of Peoria Municipal Complex, 8401 West Monroe Street, Peoria, Arizona 85345 October 12, 2005 040050 Maricopa, (FEMA Docket No.: B-7455) City of Phoenix (04-09-0933P) May 26, 2005; June 2, 2005; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 May 17, 2005 040051 Maricopa, (FEMA Docket No.: B-7455) City of Phoenix (05-09-0164P) September 22, 2005; September 29, 2005; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 December 29, 2005 040051 Maricopa, (FEMA Docket No.: B-7455) City of Phoenix (05-09-0700P) October 6, 2005; October 13, 2005; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 January 12, 2006 040051 Maricopa, (FEMA Docket No.: B-7455) Unincorporated areas of Maricopa County (04-09-0933P) May 26, 2005; June 2, 2005; *Arizona Business Gazette* The Honorable Max W. Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 May 17, 2005 040037 Maricopa, (FEMA Docket No.: B-7455) Unincorporated areas of Maricopa County (05-09-1137P) July 7, 2005; July 14, 2005; *Arizona Business Gazette* The Honorable Max W. Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 October 12, 2005 040037 Maricopa, (FEMA Docket No.: B-7455) Unincorporated areas of Maricopa County (05-09-0236P) August 4, 2005; August 11, 2005; *Arizona Business Gazette* The Honorable Max W. Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 November 10, 2005 040037 Maricopa, (FEMA Docket No.: B-7455) Unincorporated areas of Maricopa County (05-09-0159P) October 6, 2005; October 13, 2005; *Arizona Business Gazette* The Honorable Max W. Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 September 27, 2005 040037 Pima, (FEMA Docket No.: B-7455) Town of Marana ( 05-09-0118P) July 19, 2005; July 26, 2005; *The Daily Territorial* The Honorable Bobby Sutton, Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653 October 25, 2005 040118 Pima, (FEMA Docket No.: B-7455) Unincorporated areas of Pima County (05-09-0118P) July 19, 2005; July 26, 2005; *The Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701 October 25, 2005 040073 Santa Cruz, (FEMA Docket No.: B-7455) City of Nogales (04-09-0303P) May 10, 2005; May 17, 2005; *Nogales International* The Honorable Albert M. Kramer, Mayor, City of Nogales, City Hall, 777 North Grand Avenue, Nogales, Arizona 85621 August 16, 2005 040091 California: Alameda, (FEMA Docket No.: B-7455) City of Alameda (05-09-1010P) September 21, 2005; September 28, 2005; *Alameda Times Star* The Honorable Beverly Johnson, Mayor, City of Alameda, 2263 Santa Clarita Avenue, Room 320, Alameda, California 94501 December 28, 2005 060002 Amador, (FEMA Docket No.: B-7455) City of Jackson (05-09-0292P) June 17, 2005; June 24, 2005; *Amador Ledger Dispatch* The Honorable RosaLee Pryor, Mayor, City of Jackson, 33 Broadway, Jackson, California 95642-2301 June 7, 2005 060448 San Diego, (FEMA Docket No.: B-7455) Unincorporated areas of San Diego County (05-09-0948P) August 11, 2005; August 18, 2005; *San Diego Daily Transcript* The Honorable Pam Slater-Price, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101 November 17, 2005 060284 Solano, (FEMA Docket No.: B-7455) City of Fairfield (03-09-1349P) July 21, 2005; July 28, 2005; *Daily Republic* The Honorable Karin MacMillan, Mayor, City of Fairfield, c/o City Manager's Office, 1000 Webster Street, Fairfield, California 94533 October 27, 2005 060370 Solano, (FEMA Docket No.: B-7455) City of Rio Vista (04-09-1389P) June 15, 2005; June 22, 2005; *River News-Herald* The Honorable James E. Woodruff, Mayor, City of Rio Vista, One Main Street, Rio Vista, California 94571 June 7, 2005 060371 Colorado: Adams, (FEMA Docket No.: B-7455) City of Thornton (05-08-0281P) August 5, 2005; August 12, 2005; *Eastern Colorado News* The Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, Colorado 80229 November 10, 2005 080007 Broomfield, (FEMA Docket No.: B-7455) City of Broomfield (05-08-0261P) June 15, 2005; June 22, 2005; *Broomfield Enterprise* The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020 June 9, 2005 085073 El Paso, (FEMA Docket No.: B-7455) City of Colorado Springs (05-08-0185P) September 14, 2005; September 21, 2005; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 August 30, 2005 080060 El Paso, (FEMA Docket No.: B-7455) Unincorporated areas of El Paso County (05-08-0459P) August 24, 2005; August 31, 2005; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208 November 30, 2005 080059 El Paso, (FEMA Docket No.: B-7455) Unincorporated areas of El Paso County (04-08-0779P) August 31, 2005; September 7, 2005; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208 December 7, 2005 080059 El Paso, (FEMA Docket No.: B-7455) Unincorporated areas of El Paso County (05-08-0185P) September 14, 2005; September 21, 2005; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208 August 30, 2005 080059 Gilpin, (FEMA Docket No.: B-7455) City of Black Hawk (04-08-0678P) June 24, 2005; July 1, 2005; *Weekly Register-Call* The Honorable Kathryn Eccker, Mayor, City of Black Hawk, P.O. Box 17, Black Hawk, Colorado 80422 September 30, 2005 080076 Jefferson, (FEMA Docket No.: B-7455) City of Lakewood (05-08-0227P) October 6, 2005; October 13, 2005; *The Golden Transcript* The Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado 80226 January 12, 2006 085075 Larimer, (FEMA Docket No.: B-7455) Unincorporated areas of Larimer County (04-08-0564P) September 7, 2005; September 14, 2005; *Fort Collins Coloradoan* The Honorable Kathay Rennels, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, Colorado 80522-1190 December 14, 2005 080101 Ouray, (FEMA Docket No.: B-7455) City of Ouray (05-08-0297P) September 2, 2005; September 9, 2005; *Telluride Watch* The Honorable Pam Larson, Mayor, City of Ouray, P.O. Box 468, Ouray, Colorado 81472 December 9, 2005 080137 Pitkin, (FEMA Docket No.: B-7455) Unincorporated areas of Pitkin County (05-08-0310P) August 28, 2005; September 4, 2005; *Aspen Times Weekly* The Honorable Patti Kay-Clapper, Chair, Pitkin County Board of Commissioners, 530 East Main Street, Third Floor, Aspen, Colorado 81611 August 15, 2005 080287 San Miguel, (FEMA Docket No.: B-7455) Town of Telluride (05-08-0263P) November 4, 2005; November 11, 2005; *Telluride Watch* The Honorable John Pryor, Mayor, Town of Telluride, P.O. Box 397, Telluride, Colorado 81435 February 10, 2006 080168 San Miguel, (FEMA Docket No.: B-7455) Unincorporated areas of San Miguel County (05-08-0263P) November 4, 2005; November 11, 2005; *Telluride Watch* The Honorable Art Goodtimes, Chairman, San Miguel County Board of Commissioners, P.O. Box 1170, Telluride, Colorado 81435 February 10, 2006 080166 Connecticut: Fairfield, (FEMA Docket No.: B-7455) Town of Greenwich (05-01-0060P) June 30, 2005; July 7, 2005; *Greenwich Times* The Honorable Jim Lash, First Selectman, Town of Greenwich, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830 June 15, 2005 090008 Fairfield, (FEMA Docket No.: B-7455) Town of Greenwich (05-01-0688P) October 27, 2005; November 3, 2005; *Greenwich Times* The Honorable Jim Lash, First Selectman, Town of Greenwich, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830 October 11, 2005 090008 New Haven, (FEMA Docket No.: B-7455) Town of Guilford (05-01-0245P) June 8, 2005; June 15, 2005; *The New Haven Register* The Honorable Charles “Gene” Bishop, First Selectman, Office of the Board of Selectmen, Town of Guilford, 31 Park Street, Guilford, Connecticut 06437 May 23, 2005 090077 New Haven, (FEMA Docket No.: B-7455) Town of Guilford (05-01-0578P) November 3, 2005; November 10, 2005; *New Haven Register* The Honorable Charles “Gene” Bishop, First Selectman, Town of Guilford, 31 Park Street, Guilford, Connecticut 06437 February 9, 2006 090077 Delaware: New Castle, (FEMA Docket No.: B-7455) Unincorporated areas of New Castle County (04-03-A042P) September 8, 2005; September 15, 2005; *News Journal* The Honorable Chris A. Coons, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720 July 25, 2005 105085 Florida: Duval, (FEMA Docket No.: B-7455) City of Jacksonville (05-04-3653P) October 10, 2005; October 17, 2005; *Jacksonville Daily Record* The Honorable John Peyton, Mayor, City of Jacksonville, City Hall, Fourth Floor, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202 January 17, 2006 120077 Polk, (FEMA Docket No.: B-7455) Unincorporated areas of Polk County (05-04-0457P) June 23, 2005; June 30, 2005; *Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005 June 13, 2005 120261 Miami-Dade, (FEMA Docket No.: B-7455) City of Miami (05-04-1122P) October 6, 2005; October 13, 2005; *Miami Herald* The Honorable Manuel A. Diaz, Mayor, City of Miami, 3500 Pan American Drive, Miami, Florida 33133 July 22, 2005 120650 Georgia: Bartow, (FEMA Docket No.: B-7455) City of Cartersville (05-04-0630P) August 11, 2005; August 18, 2005; *Daily Tribune News* The Honorable Michael G. Fields, Mayor, City of Cartersville, P.O. Box 1390, Cartersville, Georgia 30120 November 17, 2005 130209 Bartow, (FEMA Docket No.: B-7455) Unincorporated areas of Bartow County (05-04-0630P) August 11, 2005; August 18, 2005; *Daily Tribune News* The Honorable Clarence Brown, Bartow County Commissioner, 135 West Cherokee Avenue, Suite 251, Cartersville, Georgia 30120 November 17, 2005 130463 Gwinnett, (FEMA Docket No.: B-7455) City of Lawrenceville (05-04-1268P) August 18, 2005; August 25, 2005; *Gwinnett Daily Post* The Honorable Bobby J. Sikes, Mayor, City of Lawrenceville, 70 South Clayton Street, Lawrenceville, Georgia 30045 November 25, 2005 130099 Hawaii: Hawaii, (FEMA Docket No.: B-7455) Unincorporated areas of Hawaii County (05-09-0238P) August 25, 2005; September 1, 2005; *Hawaii Tribune-Herald* The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720 December 1, 2005 155166 Illinois: Cook, (FEMA Docket No.: B-7455) Village of Inverness (05-05-0378P) October 6, 2005; October 13, 2005; *Daily Herald* The Honorable John A. Tatooles, Village President, Village of Inverness, 1400 Baldwin Road, Inverness, Illinois 60067 January 12, 2006 170111 Cook, (FEMA Docket No.: B-7455) Village of South Barrington (05-05-0378P) October 6, 2005; October 13, 2005; *Daily Herald* The Honorable Frank Munao, Jr., Village President Village of South Barrington, 30 South Barrington Road, South Barrington, Illinois 60010 January 12, 2006 170161 Cook, (FEMA Docket No.: B-7455) Unincorporated areas of Cook County (05-05-0378P) October 6, 2005; October 13, 2005; *Daily Herald* The Honorable John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602 January 12, 2006 170054 DuPage, (FEMA Docket No.: B-7455) Village of Glendale Heights (05-05-2658P) June 16, 2005; June 23, 2005; *Daily Herald* The Honorable Linda Jackson, Village President, Village of Glendale Heights, 300 Civic Center Plaza, Glendale Heights, Illinois 60139 June 1, 2005 170206 Kane, (FEMA Docket No.: B-7455) Village of Pingree Grove (05-05-0119P) July 21, 2005; July 28, 2005; *Elburn Herald* The Honorable Verne E. Wester, Village President, Village of Pingree Grove, 14 N 042 Reinking Road, Hampshire, Illinois 60140 October 26, 2005 171078 Kane, (FEMA Docket No.: B-7455) Unincorporated areas of Kane County (05-05-0119P) July 21, 2005; July 28, 2005; *Elburn Herald* The Honorable Karen McConnaughay, County Board Chairman Kane County, 719 South Batavia Avenue, Building A, Geneva, Illinois 60134 October 26, 2005 170896 Will, (FEMA Docket No.: B-7455) Village of Frankfort (05-05-0039P) May 12, 2005; May 19, 2005; *Daily Southtown* The Honorable Jim Holland, Mayor, Village of Frankfort, 432 West Nebraska Street, Frankfort, Illinois 60423 May 3, 2005 170701 Will, (FEMA Docket No.: B-7455) Village of Frankfort (05-05-2646P) August 11, 2005; August 18, 2005; *Daily Southtown* The Honorable Jim Holland, Mayor, Village of Frankfort, 432 West Nebraska Street, Frankfort, Illinois 60423 July 18, 2005 170701 Will, (FEMA Docket No.: B-7455) Village of Mokena (05-05-2180P) June 16, 2005; June 23, 2005; *Daily Southtown* The Honorable Robert Chiszar, Mayor, Village of Moneka, Village Hall, 11004 Carpenter Street, Mokena, Illinois 60448 June 3, 2005 170705 Will, (FEMA Docket No.: B-7455) Village of University Park (05-05-1544P) November 10, 2005; November 17, 2005; *Daily Southtown* The Honorable Alvin McCowan, Mayor, Village of University Park, Village Hall, 698 Burnham Drive, University Park, Illinois 60466 October 28, 2005 170708 Will, (FEMA Docket No.: B-7455) Unincorporated areas of Will County (05-05-3958P) October 20, 2005; October 27, 2005; *Daily Southtown* The Honorable Lawrence M. Walsh, Will County Executive, Will County Office Building, 302 North Chicago Street, Joliet, Illinois 60432 January 26, 2006 170695 Winnebago, (FEMA Docket No.: B-7455) Unincorporated Areas of Winnebago County (05-05-4119P) October 6, 2005; October 13, 2005; *Rockford Register Star* The Honorable Scott H. Christiansen, Chairman, Winnebago County Board, 404 Elm Street, Room 504, Rockford, Illinois 61101 January 12, 2006 170720 Indiana: Elkhart, (FEMA Docket No.: B-7455) City of Goshen (04-05-A119P) November 3, 2005; November 10, 2005; *Goshen News* The Honorable Allan Kauffman, Mayor, City of Goshen, 202 South Fifth Street, Goshen, Indiana 46528 November 18, 2005 180058 Elkhart, (FEMA Docket No.: B-7455) Unincorporated areas of Elkhart County (04-05-A119P) November 3, 2005; November 10, 2005; *Goshen News* The Honorable Phil Neff, President, Elkhart County, 117 North Second Street, Goshen, Indiana 46526 November 18, 2005 180056 Hamilton, (FEMA Docket No.: B-7455) Town of Fisher (05-05-0633P) September 20, 2005; September 27, 2005; *Noblesville Ledger* The Honorable Scott A. Faultless Town of Council President, Town of Fishers, One Municipal Drive, Fishers, Indiana 46038 September 9, 2005 180423 Kansas: Sedgwick, (FEMA Docket No.: B-7455) City of Wichita (04-07-A643P) September 8, 2005; September 15, 2005; *Wichita Eagle* The Honorable Carlos Mayans, Mayor, City of Wichita, City Hall, First Floor, 455 North Main, Wichita, Kansas 67202 August 25, 2005 200328 Sedgwick, (FEMA Docket No.: B-7455) Unincorporated areas of Sedgwick County (04-07-A643P) September 8, 2005; September 15, 2005; *Wichita Eagle* The Honorable Dave Unruh, Chairman, Sedgwick County, Board of Commissioners, 525 North Main, Room 320, Wichita, Kansas 67203 August 25, 2005 200321 Kentucky: Daviess, (FEMA Docket No.: B-7455) City of Owensboro (05-04-2200P) August 18, 2005; August 25, 2005; *Messenger-Inquirer* The Honorable Tom Watson, Mayor, City of Owensboro, P.O. Box 10003, Owensboro, Kentucky 42301 July 27, 2005 210063 Maine: Cumberland, (FEMA Docket No.: B-7455) Town of Harpswell (05-01-0539P) September 22, 2005; September 29, 2005; *Portland Press Herald* The Honorable Gordon L. Weil, Chair, Board of Selectmen, Town of Harpswell, P.O. Box 39, Harpswell, Maine 04079 September 9, 2005 230169 Cumberland, (FEMA Docket No.: B-7455) City of Westbrook (05-01-0338P) August 25, 2005; September 1, 2005; *Portland Press Herald* The Honorable Bruce Chuluda, Mayor, City of Westbrook, City Hall, Two York Street, Westbrook, Maine 04092 December 1, 2005 230054 Maryland: Carroll, (FEMA Docket No.: B-7455) Unincorporated areas of Carroll County (05-03-0001P) June 23, 2005; June 30, 2005; *Carroll County Times* The Honorable Julia W. Gouge, President, Carroll County Board of Commissioners, 225 North Center Street, Westminster, Maryland 21157 September 29, 2005 240015 Charles, (FEMA Docket No.: B-7455) Unincorporated areas of Charles County (05-03-0093P) October 5, 2005; October 12, 2005; *Maryland Independent* The Honorable Wayne Cooper, President, Charles County Commissioners, P.O. Box 2150, La Plata, Maryland 20646 January 11, 2006 240089 Harford, (FEMA Docket No.: B-7455) Unincorporated areas of Harford County (05-03-0153P) August 31, 2005; September 7, 2005; *The Aegis* The Honorable David R. Craig, County Executive, Harford County, 220 South Main Street, Bel Air, Maryland 21014 December 7, 2005 240040 Massachusetts: Barnstable, (FEMA Docket No.: B-7455) Town of Falmouth (05-01-0294P) August 25, 2005; September 1, 2005; *Cape Cod Times* The Honorable Kevin Murphy, Chairman, Board of Selectmen, Town of Falmouth, Town Hall, 59 Town Hall Square, Falmouth, Massachusetts 02540 December 1, 2005 255211 Nantucket, (FEMA Docket No.: B-7455) Town of Nantucket (05-01-0428P) August 25, 2005; September 1, 2005; *Cape Cod Times* The Honorable Michael Glowacki, Chairman, Board of Selectmen, Town of Nantucket, Town Building, 16 Broad Street, First Floor, Nantucket, Massachusetts 02554 December 1, 2005 250230 Michigan: Macomb, (FEMA Docket No.: B-7455) Charter Township of Clinton (04-05-A079P) August 26, 2005; September 2, 2005; *Macomb County Legal News* The Honorable Robert J. Cannon, Supervisor, Charter Township of Clinton, 40700 Romeo Plank Road, Clinton Township, Michigan 48038 December 2, 2005 260121 Macomb, (FEMA Docket No.: B-7455) Township of Macomb (05-05-1849P) July 15, 2005; July 22, 2005; *Macomb County Legal News* The Honorable John D. Brennan, Supervisor, Macomb Township, 54111 Broughton Road, Macomb, Michigan 48042 July 5, 2005 260445 Macomb, (FEMA Docket No.: B-7455) Township of Macomb (04-05-A079P) August 26, 2005; September 2, 2005; *Macomb County Legal News* The Honorable John D. Brennan, Supervisor, Township of Macomb, 54111 Broughton Road, Macomb, Michigan 48042 December 2, 2005 260445 Macomb, (FEMA Docket No.: B-7455) Township of Washington (05-05-0637P) June 1, 2005; June 8, 2005; *The Romeo Observer* The Honorable Gary Kirsh, Supervisor, Township of Washington, P.O. Box 94067, Washington, Michigan 48094-4067 September 7, 2005 260447 Macomb, (FEMA Docket No.: B-7455) Township of Washington (05-05-0277P) July 15, 2005; July 22, 2005; *Macomb County Legal News* The Honorable Gary Kirsh, Supervisor, Township of Washington, P.O. Box 94067, Washington, Michigan 48094-4067 July 29, 2005 260447 Oakland, (FEMA Docket No.: B-7455) City of Troy (05-05-1312P) November 3, 2005; November 10, 2005; *Observer & Eccentric* The Honorable Louise Schilling, Mayor, City of Troy, 500 West Big Beaver, Troy, Michigan 48084 October 18, 2005 260180 Wayne, (FEMA Docket No.: B-7455) Charter Township of Brownstown (05-05-2504P) July 24, 2005; July 27, 2005; *News Herald* The Honorable Arthur F. Wright, Supervisor, Charter Township of Brownstown, 21313 Telegraph Road, Brownstown, Michigan 48183 October 26, 2005 260218 Minnesota: Anoka, (FEMA Docket No.: B-7455) City of Blaine (05-05-1909P) October 14, 2005; October 21, 2005; *Blaine-Spring Lake Park Life* The Honorable Thomas Ryan, Mayor, City of Blaine, 10801 Town Square Drive Northeast, Blaine, Minnesota 55449 October 4, 2005 270007 Olmsted, (FEMA Docket No.: B-7455) City of Rochester (05-05-1180P) June 16, 2005; June 23, 2005; *Post-Bulletin* The Honorable Ardell F. Brede, Mayor, City of Rochester, City Hall, 201 Fourth Street Southeast, Rochester, Minnesota 55904 September 22, 2005 275246 Olmsted, (FEMA Docket No.: B-7455) Unincorporated areas of Olmsted County (05-05-1180P) June 16, 2005; June 23, 2005; *Post-Bulletin* Mr. Richard G. Devlin, County Administrator, Olmsted County 151 Fourth Street Southeast, Rochester, Minnesota 55904 September 22, 2005 270626 Missouri: Boone, (FEMA Docket No.: B-7455) City of Centralia (04-07-A458P) September 22, 2005; September 29, 2005; *Columbia Missourian* The Honorable Jerry Parmeley, Mayor, City of Centralia, 114 South Rollins, Centralia, Missouri 65240 March 13, 2006 290035 Boone, (FEMA Docket No.: B-7455) Unincorporated areas of Boone County (04-07-A458P) September 22, 2005; September 29, 2005; *Columbia Missourian* The Honorable Keith Schnarre, Presiding Commissioner, Boone County, 801 East Walnut, Room 245, Columbia, Missouri 65201-7732 September 14, 2005 290034 Jefferson, (FEMA Docket No.: B-7455) City of Byrnes Mill (04-07-A561P) October 26, 2005; November 2, 2005; *Meramec Suburban Journal* The Honorable Timothy Checkett, Mayor, City of Byrnes Mill, 127 Osage Executive Circle, Byrnes Mill, Missouri 63051 February 1, 2006 290891 St. Charles, (FEMA Docket No.: B-7455) Town of Dardenne Prairie (04-07-A555P) June 8, 2005; June 15, 2005; *St. Charles Journals* The Honorable Pam Fogarty, Mayor, Town of Dardenne Prairie, 2032 Hanley Road, Dardenne Prairie, Missouri 63366 September 14, 2005 290899 St. Charles, (FEMA Docket No.: B-7455) City of O'Fallon (04-07-A555P) June 8, 2005; June 15, 2005; *St. Charles Journals* The Honorable Donna Morrow, Mayor, City of O'Fallon, 100 North Main Street, O'Fallon, Missouri 63366 September 14, 2005 290316 St. Charles, (FEMA Docket No.: B-7455) City of O'Fallon (05-07-0504P) August 24, 2005; August 31, 2005; *St. Charles Journals* The Honorable Donna Morrow, Mayor, City of O'Fallon, 100 North Main Street, O'Fallon, Missouri 63366 August 10, 2005 290316 St. Charles, (FEMA Docket No.: B-7455) City of O'Fallon (04-07-A375P) October 19, 2005; October 26, 2005; *St. Charles Journal* The Honorable Donna Morrow, Mayor, City of O'Fallon, 100 North Main Street, O'Fallon, Missouri 63366 January 18, 2006 290316 St. Charles, (FEMA Docket No.: B-7455) City of St. Peters (05-07-0504P) August 24, 2005; August 31, 2005; *St. Charles Journals* The Honorable Shawn Brown, Mayor, City of St. Peters, P.O. Box 9, St. Peters, Missouri 63376 August 10, 2005 290319 St. Charles, (FEMA Docket No.: B-7455) Unincorporated areas of St. Charles County (04-07-A555P) June 8, 2005; June 15, 2005; *St. Charles Journals* The Honorable Joe Ortwerth, County Executive, St. Charles County, 100 North Third Street, St. Charles, Missouri 63301 September 14, 2005 290315 St. Charles, (FEMA Docket No.: B-7455) Unincorporated areas of St. Charles County (05-07-0504P) August 24, 2005; August 31, 2005; *St. Charles Journal* The Honorable Joe Ortwerth, County Executive, St. Charles County, 100 North Third Street, St. Charles, Missouri 63301 August 10, 2005 290315 St. Charles, (FEMA Docket No.: B-7455) Unincorporated areas of St. Charles County (04-07-A375P) October 19, 2005; October 26, 2005; *St. Charles Journal* The Honorable Joe Ortwerth, County Executive, St. Charles County, 100 North Third Street, St. Charles, Missouri 63301 January 18, 2006 290315 St. Charles, (FEMA Docket No.: B-7455) Unincorporated Areas of St. Charles County (05-07-0760P) October 26, 2005; November 2, 2005; *St. Charles Journal* The Honorable Joe Ortwerth, County Executive, St. Charles County, 100 North Third Street, St. Charles, Missouri 63301 February 1, 2006 290315 St. Charles, (FEMA Docket No.: B-7455) City of Weldon Spring (04-07-A375P) October 19, 2005; October 26, 2005; *St. Charles Journal* The Honorable Donald D. Licklider, Mayor, City of Weldon Spring, 5401 Independence Road, Weldon Spring, Missouri 63304 January 18, 2006 290901 St. Charles, (FEMA Docket No.: B-7455) City of Wentzville (05-07-0760P) October 26, 2005; November 2, 2005; *Wentzville Suburban Journal* The Honorable Paul Lambi, Mayor, City of Wentzville, Wentzville City Hall, 310 West Pearce Boulevard, Wentzville, Missouri 63385 February 1, 2006 290320 Nebraska: Douglas, (FEMA Docket No.: B-7455) City of Omaha (04-07-A438P) October 6, 2005; October 13, 2005; *Omaha World Herald* The Honorable Mike Fahey, Mayor, City of Omaha, 1819 Farnam Street, Suite 300, Omaha, Nebraska 68183 January 12, 2006 315274 Douglas, (FEMA Docket No.: B-7455) City of Omaha (05-07-0345P) October 20, 2005; October 27, 2005; *Omaha World Herald* The Honorable Mike Fahey, Mayor, City of Omaha, 1819 Farnam Street, Suite 300, Omaha, Nebraska 68183 December 3, 2005 315274 Nevada: Clark, (FEMA Docket No.: B-7455) City of Las Vegas (05-09-0073P) October 6, 2005; October 13, 2005; *Las Vegas Review Journal* The Honorable Oscar B. Goodman, Mayor, City of Las Vegas, 400 Stewart Avenue, Las Vegas, Nevada 89101 January 12, 2006 325276 Clark, (FEMA Docket No.: B-7455) Unincorporated areas of Clark County (04-09-0462P) May 26, 2005; June 2, 2005; *Las Vegas Review Journal* The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155 September 1, 2005 320003 Clark, (FEMA Docket No.: B-7455) Unincorporated areas of Clark County (05-09-0285P) August 25, 2005; September 1, 2005; *Las Vegas Review-Journal* The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155 December 1, 2005 320003 Clark, (FEMA Docket No.: B-7455) Unincorporated areas of Clark County (05-09-1034P) November 3, 2005; November 10, 2005; *Las Vegas Review-Journal * The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155 February 9, 2006 320003 Clark, (FEMA Docket No.: B-7455) Unincorporated areas of Clark County (05-09-0913P) November 10, 2005; November 17, 2005; *Las Vegas Review-Journal * The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155 February 16, 2006 320003 Washoe, (FEMA Docket No.: B-7455) City of Sparks (05-09-0144P) August 11, 2005; August 18, 2005; *Reno Gazette-Journal * The Honorable Geno Martini, Mayor, City of Sparks, Sparks City Hall, 431 Prater Way, Sparks, Nevada 89432-0857 July 21, 2005 320021 Washoe, (FEMA Docket No.: B-7455) Unincorporated areas of Washoe County (04-09-1534P) April 14, 2005; April 21, 2005; *Reno Gazette-Journal* The Honorable Bonnie Weber, Commission Chair, Washoe County Commission, 1001 East Ninth Street, Reno, Nevada 89512 July 21, 2005 320019 New Jersey: Monmouth, (FEMA Docket No.: B-7455) Borough of Monmouth Beach (05-02-0298P) May 24, 2005; May 31, 2005; *Asbury Park Press* The Honorable James P. McConville III, Mayor, Borough of Monmouth Beach, Borough Hall, 22 Beach Road, Monmouth Beach, New Jersey 07750 May 12, 2005 340315 New York: Dutchess, (FEMA Docket No.: B-7455) Town of Beekman (05-02-0303P) August 4, 2005; August 11, 2005; *The Voice Ledger* The Honorable John Adams, Town Supervisor, Town of Beekman, Four Main Street, Poughquag, New York 12570 January 18, 2006 361333 North Carolina: Durham, (FEMA Docket No.: B-7455) City of Durham (04-04-A570P) May 26, 2005; June 2, 2005; *The Herald-Sun* The Honorable William V. Bell, Mayor, City of Durham, City Hall, 101 City Hall Plaza, Durham, North Carolina 27701 September 1, 2005 370086 Mecklenburg, (FEMA Docket No.: B-7455) Unincorporated areas of Mecklenburg County (04-04-B009P) September 29, 2005; October 6, 2005; *Charlotte Observer* Mr. Harry Jones, County Manager, Mecklenburg County, 600 East Fourth Street, 11th Floor, Charlotte, North Carolina 28202 January 5, 2006 370158 New Mexico: Bernalillo, (FEMA Docket No.: B-7455) City of Albuquerque (05-06-0440P) October 13, 2005; October 20, 2005; *The Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 September 30, 2005 350002 Ohio: Hocking, (FEMA Docket No.: B-7455) Unincorporated areas of Hocking County (05-05-3596P) September 15, 2005; September 22, 2005; *Logan Daily News* The Honorable Gary Starner, County Commissioner, Hocking County, One East Main Street, Logan, Ohio 43138 December 22, 2005 390272 Lucas, (FEMA Docket No.: B-7455) City of Toledo (05-05-0485P) June 2, 2005; June 9, 2005; *Toledo Legal News* The Honorable Jack Ford, Mayor, City of Toledo, One Government Center, Suite 2200, Toledo, Ohio 43604 September 8, 2005 395373 Medina, (FEMA Docket No.: B-7455) City of Brunswick (04-05-A934P) May 19, 2005; May 26, 2005; *Brunswick Sun Times* The Honorable Dale Strasser, Mayor, City of Brunswick, 4095 Center Road, Brunswick, Ohio 44212 August 26, 2005 390380 Montgomery, (FEMA Docket No.: B-7455) City of Englewood (04-05-B063P) May 4, 2005; May 11, 2005; *Englewood Independent* May 11, 2005; May 18, 2005; *Dayton Daily News* The Honorable Michael Bowers, Ph.D., Mayor, City of Englewood, 333 West National Road, Englewood, Ohio 45322 April 21, 2005 390828 Warren, (FEMA Docket No.: B-7455) City of Mason (05-05-3134P) August 11, 2005; August 18, 2005; *Pulse Journal* The Honorable Peter A. Beck, Mayor, City of Mason, 6000 Mason-Montgomery Road, Mason, Ohio 45040 July 18, 2005 390559 Oklahoma: Oklahoma, (FEMA Docket No.: B-7455) City of Oklahoma City (05-06-0390P) September 14, 2005; September 21, 2005; *Journal Record* The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, Third Floor, Oklahoma City, Oklahoma 73102 August 30, 2005 405378 Oklahoma, (FEMA Docket No.: B-7455) City of Oklahoma City (05-06-1527P) September 15, 2005; September 22, 2005; *Journal Record* The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, Third Floor, Oklahoma City, Oklahoma 73102 August 23, 2005 405378 Oregon: Coos, (FEMA Docket No.: B-7455) City of Bandon (05-10-0355P) June 23, 2005; June 30, 2005; *Bandon Western World* The Honorable Mary Schamehorn, Mayor, City of Bandon, P.O. Box 67, Bandon, Oregon 97411 June 16, 2005 410043 Marion, (FEMA Docket No.: B-7455) City of Aumsville (03-10-0210P) October 13, 2005; October 20, 2005; *Statesman Journal* The Honorable Harold White, Mayor, City of Aumsville, Aumsville City Hall, 595 Main Street, Aumsville, Oregon 97325 January 19, 2006 410155 Marion, (FEMA Docket No.: B-7455) Unincorporated areas of Marion County (03-10-0210P) October 13, 2005; October 20, 2005; *Statesman Journal* The Honorable Sam Brentano, Chair, Marion County, Board of Commissioners, P.O. Box 14500, Salem, Oregon 97309 January 19, 2006 410154 Clackamas, Multnomah Washington, (FEMA Docket No.: B-7455) City of Portland (05-10-0477P) August 11, 2005; August 18, 2005; *The Oregonian* The Honorable Tom Potter, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Room 340, Portland, Oregon 97204 July 20, 2005 410183 Pennsylvania: Clinton, (FEMA Docket No.: B-7455) Township of Lamar (05-03-0397P) July 13, 2005; July 20, 2005; *Renovo Record* The Honorable Michael L. Geyer, Chairman, Board of Supervisors, Township of Lamar, 148 Beagle Road, Mill Hall, Pennsylvania 17751 October 19, 2005 420327 Tennessee: Davidson, (FEMA Docket No.: B-7455) Metropolitan Government of Nashville (05-04-3100P) November 10, 2005; November 17, 2005; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, 225 Polk Avenue, Nashville, Tennessee 37201 October 27, 2005 470040 Sevier, (FEMA Docket No.: B-7455) City of Pigeon Forge (05-04-0672P) October 27, 2005; November 3, 2005; *The Mountain Press* Ms. Earlene M. Teaster, City Manager, City of Pigeon Forge, P.O. Box 1350, Pigeon Forge, Tennessee 37868 February 2, 2006 475442 Shelby, (FEMA Docket No.: B-7455) City of Germantown (04-04-A700P) July 21, 2005; July 28, 2005; *The Daily News* The Honorable Sharon Goldsworthy, Mayor, City of Germantown, P.O. Box 38809, Germantown, Tennessee 38183-0809 October 27, 2005 470353 Texas: Bexar, (FEMA Docket No.: B-7455) City of Converse (05-06-1186P) September 7, 2005; September 14, 2005; *Daily Commercial Recorder* The Honorable Craig Martin, Mayor, City of Converse, City Hall, 403 South Seguin, Converse, Texas 78109 December 14, 2005 480038 Bexar, (FEMA Docket No.: B-7455) City of San Antonio (05-06-0027P) June 30, 2005; July 6, 2005; *San Antonio Express-News* The Honorable Edward D. Garza, Mayor, City of San Antonio, City Hall Office, P.O. Box 839966, San Antonio, Texas 78283-3966 June 7, 2005 480035 Collin, (FEMA Docket No.: B-7455) City of Frisco (05-06-0046P) July 22, 2005; July 29, 2005; *Frisco Enterprise* The Honorable Mike Simpson, Mayor, City of Frisco, City Hall, P.O. Box 1100, Frisco, Texas 75034-1100 October 27, 2005 480134 Collin, (FEMA Docket No.: B-7455) City of Plano (05-06-0506P) June 4, 2005; June 9, 2005; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358 May 24, 2005 480140 Collin, (FEMA Docket No.: B-7455) City of Plano (05-06-0294P) August 11, 2005; August 18, 2005; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358 November 17, 2005 480140 Collin, (FEMA Docket No.: B-7455) Unincorporated areas of Collin County (04-06-A195P) May 11, 2005; May 18, 2005; *The Wylie News* The Honorable Ron Harris, Collin County Judge, 210 South McDonald Street, McKinney, Texas 75069 August 17, 2005 480130 Collin, (FEMA Docket No.: B-7455) City of Wylie (04-06-A195P) May 11, 2005; May 18, 2005; *The Wylie News* The Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, Texas 75098 August 17, 2005 480759 Dallas, (FEMA Docket No.: B-7455) Town of Addison (05-06-0244P) November 17, 2005; November 24, 2005; *Dallas Morning News* The Honorable Joe Chow, Mayor, Town of Addison, P.O. Box 9010, Addison, Texas 75001 February 23, 2006 481089 Dallas, (FEMA Docket No.: B-7455) City of Dallas (04-06-A316P) May 26, 2005; June 2, 2005; *Daily Commercial Record* The Honorable Laura Miller, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, Texas 75201-6390 May 12, 2005 480171 Dallas, (FEMA Docket No.: B-7455) City of Farmer Branch (05-06-0244P) November 17, 2005; November 24, 2005; *Dallas Morning News* The Honorable Bob Phelps, Mayor, City of Farmers Branch, 12705 Epps Field, Farmers Branch, Texas 75234 February 23, 2006 480174 Dallas, (FEMA Docket No.: B-7455) City of Garland (04-06-A117P) June 30, 2005; July 7, 2005; *Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002 October 6, 2005 485471 Dallas, (FEMA Docket No.: B-7455) City of Irving (04-06-A212P) October 6, 2005; October 13, 2005; *Dallas Morning News* The Honorable Joe Putnam, Mayor, City of Irving, 825 West Irving Boulevard, Irving, TX 75060 September 20, 2005 480180 Dallas, (FEMA Docket No.: B-7455) City of Mesquite (05-06-0938P) June 23, 2005; June 30, 2005; *Mesquite News* The Honorable Mike Anderson, Mayor, City of Mesquite, P.O. Box 850137, Mesquite, TX 75185-0137 September 29, 2005 485490 Dallas, (FEMA Docket No.: B-7455) City of Mesquite (05-06-0527P) August 4, 2005; August 11, 2005; *Mesquite News* The Honorable Mike Anderson, Mayor, City of Mesquite, P.O. Box 850137, Mesquite, Texas 75185-0137 November 10, 2005 485490 Dallas, (FEMA Docket No.: B-7455) City of Rowlett (05-06-0921P) September 23, 2005; September 30, 2005; *Rowlett Lakeshore Times* The Honorable C. Shane Johnson, Mayor, City of Rowlett, 4000 Main Street, Rowlett, Texas 75088 December 30, 2005 480185 Denton, (FEMA Docket No.: B-7455) Town of Copper Canyon (04-06-A302P) April 14, 2005; April 21, 2005; *Denton Record-Chronicle* The Honorable Lawrence Johnson, Mayor, Town of Copper Canyon, 400 Woodland Drive, Copper Canyon, Texas 75077 July 21, 2005 481508 Denton, (FEMA Docket No.: B-7455) Town of Flower Mound (05-06-1432P) November 2, 2005; November 9, 2005; *Flower Mound Leader* The Honorable Jody A. Smith, Mayor, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, Texas 75028 February 8, 2006 480777 Denton, (FEMA Docket No.: B-7455) City of Lewisville (05-06-0171P) July 6, 2005; July 13, 2005; *Lewisville Leader* The Honorable Gene Cary, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, Texas 75029-9002 October 12, 2005 480195 Denton, (FEMA Docket No.: B-7455) City of Lewisville (05-06-0576P) October 5, 2005; October 12, 2005; *Lewisville Leader* The Honorable Gene Cary, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, Texas 75029-9002 September 9, 2005 480195 El Paso, (FEMA Docket No.: B-7455) City of El Paso (05-06-0356P) July 30, 2005; August 6, 2005; *El Paso Times* The Honorable Joe D. Wardy, Mayor, City of El Paso, Two Civic Center Plaza, El Paso, Texas 79901-1196 July 18, 2005 480214 Harris, (FEMA Docket No.: B-7455) Unincorporated areas of Harris County (05-06-0569P) August 11, 2005; August 18, 2005; *Houston Chronicle* The Honorable Robert Eckels, Harris County Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002 July 29, 2005 480287 Johnson, (FEMA Docket No.: B-7455) City of Burleson (05-06-0320P) September 14, 2005; September 21, 2005; *Burleson Star* The Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028 September 7, 2005 485459 San Patricio, (FEMA Docket No.: B-7455) City of Ingleside (05-06-0918P) (05-06-1433X) May 19, 2005; May 26, 2005; *Ingleside Index* The Honorable Gene Stewart, Mayor, City of Ingleside, P.O. Drawer 400, Ingleside, Texas 78362 May 16, 2005 485480 Tarrant, (FEMA Docket No.: B-7455) City of Benbrook (05-06-0681P) May 19, 2005; May 26, 2005; *Benbrook News* The Honorable Felix T. Hebert, Mayor, City of Benbrook, P.O. Box 26569, Benbrook, Texas 76126 May 5, 2005 480586 Tarrant, (FEMA Docket No.: B-7455) City of Fort Worth (04-06-A210P) May 12, 2005; May 19, 2005; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Forth Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 August 18, 2005 480596 Tarrant, (FEMA Docket No.: B-7455) City of Fort Worth (04-06-A325P) July 21, 2005; July 28, 2005; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Forth Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 July 5, 2005 480596 Tarrant, (FEMA Docket No.: B-7455) City of Fort Worth (05-06-0480P) August 25, 2005; September 1, 2005; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Forth Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 December 1, 2005 480596 Tarrant, (FEMA Docket No.: B-7455) City of Fort Worth (05-06-0707P) September 3, 2005; September 8, 2005; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 September 22, 2005 480596 Tarrant, (FEMA Docket No.: B-7455) City of Fort Worth (05-06-0209P) (06-06-B429X) October 20, 2005; October 27, 2005; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 February 23, 2006 480596 Tarrant, (FEMA Docket No.: B-7455) City of Grapevine (05-06-0048P) May 19, 2005; May 26, 2005; *Northeast Tarrant Star Telegram* The Honorable William D. Tate, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76099 May 11, 2005 480598 Tarrant, (FEMA Docket No.: B-7455) City of Grapevine (05-06-0423P) September 1, 2005; September 8, 2005; *Grapevine Sun* The Honorable William D. Tate, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76099 September 9, 2005 480598 Tarrant, (FEMA Docket No.: B-7455) City of North Richland Hills (05-06-0481P) (05-06-2100056X) June 30, 2005; July 7, 2005; *Dallas Morning News* The Honorable T. Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, Texas 76180 July 26, 2006 480607 Tarrant, (FEMA Docket No.: B-7455) City of North Richland Hills (05-06-1126P) November 3, 2005; November 10, 2005; *Dallas Morning News* The Honorable T. Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, Texas 76180 February 9, 2006 480607 Travis, (FEMA Docket No.: B-7455) City of Pflugerville (04-06-A208P) September 1, 2005; September 8, 2005; *Austin American-Statesman* The Honorable Catherine T. Callen, Mayor, City of Pflugerville, 100 East Main Street, Suite 300, Pflugerville, Texas 78660 December 8, 2005 481028 Virginia: Prince William Independent City, (Docket No.: B-7455) City of Manassas (04-03-111P) October 6, 2005; October 13, 2005; *Manassas Journal Messenger* The Honorable Douglas S. Waldron, Mayor, City of Manassas, City Hall, 9027 Center Street, Manassas, Virginia 20110 January 12, 2006 510122 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: March 1, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-4156 Filed 3-7-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground modified Communities affected Ascension Parish, Louisiana and Incorporated Areas Docket No.: FEMA-B-7462 Bayou Boyle At the confluence of Bayou Conway and Bayou Boyle +7 Ascension County (Unincorporated Areas), City of Gonzales. At the intersection of Bayou Boyle and S. St. Landry Avenue +10 Bayou Conway At the confluence of Panama Canal and Bayou Conway +7 Ascension County (Unincorporated Areas), City of Gonzales At the divergence of Panama Canal and Bayou Conway +9 Bayou Francois At the confluence of New River and Bayou Francois +8 Ascension County (Unincorporated Areas), City of Gonzales. At the intersection of State Route 431 and Bayou Francois +8 McCall Bayou At the confluence of McCall Bayou and Smokebend Canal +19 Ascension County (Unincorporated Areas), City of Donaldsonville. At the intersection of Texas and Pacific Railroad and McCall Bayou +19 Middle Branch of Grand Goudine Bayou At the intersection of Highway 10 and Middle Branch of Grand Goudine Bayou +15 Ascension County (Unincorporated Areas). Approximately 200 feet downstream the intersection of Highway 10 and Middle Branch of Grand Goudine Bayou +15 Northern Branch of Grand Goudine Bayou At the confluence of New River and Northern Branch of Grand Goudine Bayou +11 Ascension County (Unincorporated Areas). Northern Branch of Grand Goudine Bayou +18 Saveiro Canal At the confluence of New River Canal and Saveiro Canal +7 Ascension County (Unincorporated Areas). At the confluence of Babin Canal and Saveiro Canal +8 Smith Bayou Diversion At the confluence of Bayou Francois and Smith Bayou Diversion +11 Ascension County (Unincorporated Areas). At the confluence of Bayou Francois a and Smith Bayou Diversion +11 Southern Branch of Grand Goudine At Intersection of Highway 10 and Southern Branch of Goudine Bayou +15 Ascension County (Unincorporated Areas). At Intersection of Southern Branch of Grand Goudine Bayou and State Highway 73 +15 # Depth in feet above ground. * National Geodetic Vertical Datum. + National American Vertical Datum. ADDRESSES City of Donaldsonville Maps are available for inspection at City of Donaldsonville, 609 Railroad, Donaldsonville, LA 70346. City of Gonzales Maps are available for inspection at City Hall, 120 South Irma Blvd., Gonzales, LA 70737. Ascension Parish (Unincorporated Areas) Maps are available for inspection at President's Office, 208 East Railroad Avenue, Gonzalez, LA 70737. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: March 1, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-4152 Filed 3-7-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location # Depth in feet above ground. * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)Modified City of Durham, North Carolina Docket No.: FEMA-D-7674 North Carolina City of Durham Third Fork Creek Tributary At the confluence with Third Fork Creek Tributary C +328 Approximately 260 feet upstream of Sherbon Drive +273 City of Durham Third Fork Creek Tributary A Approximately 1,700 feet upstream of the confluence with Third Fork Creek +252 Approximately 200 feet upstream of Southpoint Crossing Drive +291 City of Durham Third Fork Creek Tributary C Approximately 50 feet downstream of Hope Valley Road +258 Approximately 250 feet upstream of Princeton Avenue +319 City of Durham Third Fork Creek Tributary D Approximately 1,100 feet upstream of the confluence with Third Fork Creek +256 Approximately 200 feet upstream of Morningside Drive +288 City of Durham Third Fork Creek Tributary E Approximately 300 feet upstream of the confluence with Third Fork Creek +290 Approximately 250 feet upstream of Ward Street +332 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Durham Maps are available for inspection at the Durham City Hall, Public Works Department, Stormwater Services Division, 101 City Hall Plaza, Durham, North Carolina. Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground. Modified Communities affected Johnson County, Indiana and Incorporated Areas Docket No.: FEMA-B-7454 Brewer Ditch At confluence with Youngs Creek +749 Johnson County (Unincorporated Areas), City of Franklin, Town of Whiteland. Approximately 1,600 feet downstream of U.S. Highway 31 +782 Approximately 1,600 feet downstream of U.S. Highway 31 +782 Town of Whiteland. Approximately at County Road 125 +802 Canary Ditch At confluence with Youngs Creek +744 Johnson County (Unincorporated Areas), City of Franklin. Approximately 1,300 feet upstream of Earlywood Drive +767 Approximately 1,300 feet upstream of Earlywood Drive +767 Johnson County (Unincorporated Areas). Approximately 1,900 feet upstream of County Road East 400 North +784 East Grassy Creek At confluence with Grassy Creek +781 Johnson County (Unincorporated Areas). Approximately at Whiteland Road +782 Approximately at Whiteland Road +785 Johnson County (Unincorporated Areas), Town of New Whiteland, Town of Whiteland. Approximately at Tracy Road +810 Approximately at Tracy Road +810 Johnson County (Unincorporated Areas). Approximately 300 feet upstream of County Road East 750 North +820 Graham Ditch At confluence with Canary Ditch +761 Johnson County (Unincorporated Areas), City of Franklin. Approximately 1,500 feet upstream of Earlywood Drive +768 Grassy Creek Approximately 2,400 feet upstream of County Road West 200 North +766 Johnson County (Unincorporated Areas), City of Greenwood, Town of Whiteland, Town of New Whiteland. Approximately 750 feet downstream of Granada Drive +809 Approximately 750 feet downstream of Granada Drive +809 City of Greenwood. Approximately 250 feet upstream of Fiesta Drive +814 Approximately 250 feet upstream of Fiesta Drive +814 City of Greenwood. Approximately 300 feet downstream of Interstate 65 +821 Hurricane Creek At confluence with Youngs Creek +723 City of Franklin. Approximately at Upper Shelbyville Road +728 Approximately at Upper Shelbyville Road +728 Johnson County (Unincorporated Areas) Approximately at County Road 375 East +811 Tracy Ditch At confluence with Grassy Creek +789 Johnson County (Unincorporated Areas), City of Greenwood. Approximately 50 feet upstream of West Stop 18 Road +794 Youngs Creek Approximately 7,500 feet upstream of U.S Highway 31 +712 Johnson County (Unincorporated Areas), City of Franklin. Approximately 4,000 feet upstream of South Morton Street +729 Approximately 4,000 feet upstream of South Morton Street +729 Johnson County (Unincorporated Areas), City of Franklin. At confluence with Roberts Ditch +766 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Johnson County (Unincorporated Areas) Maps available for inspection at Johnson County Planning Zoning, 86 West Court Street, Franklin, IN. Town of Edinburgh Maps available for inspection at Town Hall, 107 S. Holland Street, Edinburgh, IN. City of Franklin Maps available for inspection at Planning Department, 55 W. Madison Street, Franklin, IN. City of Greenwood Maps available for inspection at Planning Department, 225 E. Emerson Avenue, Greenwood, IN. Town of New Whiteland Maps available for inspection at Town Hall, 401 Mooreland Drive, New Whiteland, IN. Town of Prince's Lake Maps available for inspection at Town Hall, 14 E. Lakeview Drive, Nineveh, IN. Town of Whiteland Maps available for inspection at Whiteland Town Hall, 549 Main Street, Whiteland, IN. Hardin County, Kentucky and Incorporated Areas Docket No.: FEMA-B-7470 Buffalo Creek Approximately 750 feet upstream of Poplar Street +708 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 2,065 feet downstream of Bluegrass Road +812 Hawkins Steel Tributary Approximately 130 feet downstream of Steel Drive +745 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 615 feet upstream of Hodgenville Road +763 Park Lane Tributary From the confluence with Freeman Creek +702 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 60 feet downstream Of Meadow Lane +737 Pear Orchard Tributary Approximately 545 feet downstream of Village Drive +716 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 80 feet upstream of Pear Orchard Road +789 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Hardin County (Unincorporated Areas) Maps are available for inspection at 14 Public Square, 3rd Floor, Elizabethtown, Kentucky 42701. City of Elizabethtown Maps are available for inspection at 200 West Dixie Avenue, Elizabethtown, Kentucky 42701. Cayuga County, New York (All Jurisdictions) Docket No.: FEMA-D-7642 Cayuga Lake Entire shoreline within communities +386 Town of Aurelius, Town of Genoa, Town of Ledyard, Town of Springport. Entire shoreline within community +386 Village of Cayuga. Cold Spring Brook (Reach 2) Approximately 2,200 feet upstream of State Street +554 City of Auburn, Town of Throop. Approximately 1,380 feet upstream of York Street +590 Cold Spring Brook/North Brook Approximately 1,320 feet upstream of confluence with Seneca River/Erie Canal +383 Town of Brutus, Town of Mentz, Village of Weedsport. Approximately 4,550 feet upstream of Hamilton Road +420 Crane Brook Approximately 3,175 feet downstream of Conrail +589 City of Auburn, Town of Aurelius. Approximately 1,600 feet upstream of Genesee Street +649 Dry Creek At confluence with Owasco Inlet +731 Village of Moravia, Town of Moravia. Approximately 1,840 feet upstream of Main Street (State Route 38) +773 Dutch Hollow Brook Approximately 780 feet upstream of confluence with Owasco Lake +717 Town of Oswasco. Approximately 2,480 feet upstream of State Route 38A (East Lake Road) +743 Hunter Brook Approximately 520 feet downstream of Conrail +644 City of Auburn. Approximately 1,370 feet upstream of North Marvine Avenue +761 Tributary No. 1 Approximately 1,960 feet downstream of Grant Avenue +653 City of Auburn, Town of Sennett. Approximately 1,135 feet upstream of Prospect Street +755 Tributary No. 2 At confluence with Hunter Brook +716 City of Auburn, Town of Owasco. Approximately 940 feet upstream of Second Avenue +767 Mill Creek At confluence with Owasco Inlet +728 Town of Moravia, Village of Moravia. Approximately 2,650 feet upstream of East Cayuga Street (State Route 38A) +783 North Brook Tributary 1 At the confluence with North Brook +400 Town of Brutus. Approximately 580 feet upstream of Hamilton Road +420 Owasco Inlet Approximately 2,070 feet downstream of State Route 38 +722 Village of Moravia, Town of Moravia, Town of Locke. Approximately 2.16 miles upstream of Aurora Street +744 Owasco Lake Entire shoreline within community +717 Town of Fleming, Town of Moravia, Town of Niles, Town of Scipio, Town of Venice. Owasco Lake Outlet Approximately 6,420 feet upstream of Sperry Road +385 Town of Mentz, Town of Throop, Village of Port Byron. Approximately 1,930 feet upstream of Hayden Road +425 Owasco Outlet Approximately 900 feet downstream of Canoga Street +553 City of Auburn, Town of Aurelius, Town of Fleming, Town of Owasco. Approximately 1,040 feet upstream of State Route 437 (White Bridge Road) +716 Paines Creek Approximately 25 feet downstream of State Route 90 (Main Street) +387 Village of Aurora, Town of Ledyard. Approximately 1,000 feet upstream of State Route 90 (Main Street) +389 Putnam Brook At confluence with Cold Spring Brook +389 Town of Brutus, Village of Weedsport. Approximately 2,200 feet upstream of Stevens Road +571 Tributary No. 1 At confluence with Putnam Brook +454 Town of Brutus, Town of Sennett. Approximately 2,710 feet upstream of Shepherd Road +562 Tributary No. 2 At confluence with Putnam Brook +485 Town of Brutus. Approximately 2,300 feet upstream of East Brutus Road (second crossing) +539 Tributary No. 3 Approximately 110 feet upstream of confluence with Putnam Brook +524 Town of Brutus, Town of Sennett. Approximately 4,450 feet upstream of Jericho Road +551 Tributary No. 4 At confluence with Putnam Brook +568 Town of Brutus, Town of Sennett. Approximately 1,220 feet upstream of Grant Avenue/State Highway 5 +580 Seneca River Approximately 225 feet downstream of Haiti Road +384 Town of Mentz, Town of Conquest. Approximately 1.69 miles upstream of Haiti Road +384 Seneca River/Erie Canal Approximately 80 feet upstream of Jordan Road +382 Town of Mentz, Town of Brutus, Town of Cato, Town of Conquest, Town of Montezuma. Approximately 8,960 feet upstream of Conrail +384 Sucker Brook Approximately 1,010 feet upstream of confluence with Owasco Lake +717 Town of Owasco. Approximately 2,570 feet upstream of East Lake Road (State Route 38A) +730 Unnamed Tributary 2 to Cayuga Lake Approximately 65 feet upstream of confluence with Cayuga Lake +386 Village of Union Springs, Town of Springport. Approximately 585 feet upstream of Creager Road +560 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Auburn Maps are available for inspection at the Auburn Memorial City Hall, 24 South Street, Auburn, New York 13021. Town of Aurelius Maps are available for inspection at the Aurelius Town Hall, 1241 West Genesee Street Road, Auburn, New York 13021. Town of Brutus Maps are available for inspection at the Brutus Town Clerk's Office, 9021 North Seneca Street, Weedsport, New York 13166. Town of Cato Maps are available for inspection at the Cato Town Hall, 11320 Shortcut Road, Cato, New York 13033. Town of Conquest Maps are available for inspection at the Town of Conquest, 1289 Fuller Road, Port Byron, New York 13140. Town of Fleming Maps are available for inspection at the Town of Fleming, 2433 Dublin Road, Auburn, New York 13021. Town of Genoa Maps are available for inspection at the Genoa Town Hall, 1000 Bartnick Road, Genoa, New York 13071. Town of Ledyard Maps are available for inspection at the Ledyard Town Hall, 1099 Poplar Ridge Road, Aurora, New York 13026. Town of Locke Maps are available for inspection at the Town of Locke, 703 State Route 38, Locke, New York 13092. Town of Mentz Maps are available for inspection at the Town of Mentz, 14 Mentz Drive, Port Byron, New York 13140. Town of Montezuma Maps are available for inspection at the Town of Montezuma Memorial Building, Dock Street, 52, Montezuma, New York 13117. Town of Moravia Maps are available for inspection at the Town of Moravia, 139 Main Street, Moravia, New York 13118. Town of Niles Maps are available for inspection at the Niles Town Hall, 5921 New Hope Road, Moravia, New York 13118. Town of Owasco Maps are available for inspection at the Owasco Town Hall, 2 Bristol Avenue, Auburn, New York 13021. Town of Scipio Maps are available for inspection at the Town of Scipio, 3705 State Route 34, Scipio Center, New York 13147. Town of Sennett Maps are available for inspection at the Town of Sennett, 6931 Cherry Street Road, Auburn, New York 13021. Town of Springport Maps are available for inspection at the Springport Town Hall, 859 State Route 326, Cayuga, New York 13034. Town of Throop Maps are available for inspection at the Throop Town Hall, 7471 Robinson Road, Auburn, New York 13021. Town of Venice Maps are available for inspection at the Town of Venice, 1589 McAllister Road, Genoa, New York 13071. Village of Aurora Maps are available for inspection at the Aurora Village Office, 456 Main Street, Aurora, New York 13026. Village of Cayuga Maps are available for inspection at the Village of Cayuga, 6205 Railroad Street, Cayuga, New York 13034. Village of Moravia Maps are available for inspection at the Moravia Village Office, 22 Central Street, Moravia, New York 13118. Village of Port Byron Maps are available for inspection at the Port Byron Village Hall, 52 Utica Street, Port Byron, New York 13140. Village of Union Springs Maps are available for inspection at the Village of Union Springs, 26 Chapel Street, Union Springs, New York 13160. Village of Weedsport Maps are available for inspection at the Weedsport Village Hall, 8892 South Street, Weedsport, New York 13166. Lincoln County, North Carolina and Incorporated Areas Docket No.: FEMA-D-7672 Anderson Creek At the confluence with Killian Creek +667 Lincoln County (Unincorporated Areas). At the confluence with Hooper Creek and Wingate Creek +709 Tributary 1 At the confluence with Anderson Creek +675 Lincoln County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence with Anderson Creek +746 Armstrong Branch At the confluence with Dellinger Branch +712 Lincoln County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Dellinger Branch +765 Ballard Creek At the confluence with Wingate Creek +714 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Ballard Creek Tributary 3 +829 Tributary 1 At the confluence with Ballard Creek +745 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Ballard Creek +791 Tributary 2 At the confluence with Ballard Creek +765 Lincoln County (Unincorporated Areas). Approximately 90 feet downstream of East King Wilkinson Road (State Route 1349) +827 Tributary 3 At the confluence with Ballard Creek +811 Lincoln County (Unincorporated Areas). Approximately 1,900 feet upstream of North Ernest Huss Lane +911 Bradshaw Branch At the confluence with Leepers Creek +713 Lincoln County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with Leepers Creek +754 Buffalo Creek At Cleveland/Lincoln County boundary +957 Lincoln County (Unincorporated Areas). Approximately 600 feet upstream of NC-10 +1,155 Tributary 5 At the confluence with Buffalo Creek +988 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Buffalo Creek +1,017 Tributary 6 At the confluence with Buffalo Creek +1,033 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence of Buffalo Creek Tributary 6A +1,099 Tributary 6A At the confluence with Buffalo Creek Tributary 6 +1,074 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Buffalo Creek Tributary 6 +1,118 Carpenter Creek Approximately 0.4 mile upstream of the confluence with Clarks Creek +774 Lincoln County (Unincorporated Areas), City of Lincolnton. Approximately 100 feet downstream of U.S. 321 +865 Tributary 1 At the confluence with Carpenter Creek +801 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of North Bulldog Lane +833 Catawba River At Gaston/Lincoln County boundary +665 Lincoln County (Unincorporated Areas). At Cowans Ford Dam +670 Tributary 4 At the confluence with Catawba River +665 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Catawba River +665 Tributary 5 At the confluence with Catawba River +667 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Catawba River +673 Tributary 6 At the confluence with Catawba River +668 Lincoln County (Unincorporated Areas). Approximately 300 feet upstream of North Club Drive (State Route 1395) +682 Clarks Creek Approximately 0.8 mile downstream of West Maiden-Salem Road (State Route 1274) +780 Lincoln County (Unincorporated Areas). Approximately 200 feet upstream of Lincoln/Catawba County boundary +792 Tributary 1 Approximately 1,100 feet upstream of the confluence with Clarks Creek +765 City of Lincolnton. Approximately 150 feet upstream of North Aspen Street +788 Tributary 2 At the confluence with Clarks Creek +781 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Clarks Creek +790 Crooked Creek At the confluence with Leepers Creek +691 Lincoln County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Leepers Creek +722 Dellinger Branch At the confluence with Leepers Creek +712 Lincoln County (Unincorporated Areas). Approximately 1,150 feet upstream of South Low Bridge Road (State Route 1314) +792 Tributary 1 At the confluence with Dellinger Branch +738 Lincoln County (Unincorporated Areas). Approximately 1,200 feet upstream of East Orchard Road (State Route 1358) +809 Forney Creek At the confluence with Killian Creek +663 Lincoln County (Unincorporated Areas). Approximately 2.6 miles upstream of East Optimist Club Road (State Route 1380) +769 Tributary 1 At the confluence with Forney Creek +679 Lincoln County (Unincorporated Areas). Approximately 1,350 feet upstream of the confluence of Forney Creek Tributary 1B +710 Tributary 1A At the confluence with Forney Creek Tributary 1 +679 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the Railroad +707 Tributary 1B At the confluence with Forney Creek Tributary 1 +695 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Forney Creek Tributary 1 +702 Glenn Creek At Cleveland/Lincoln County boundary +899 Lincoln County (Unincorporated Areas). Approximately 230 feet downstream of NC-27 +1,041 Hog Branch At the confluence with Larkard Creek +788 Lincoln County (Unincorporated Areas). Approximately 1.0 mile upstream of North U.S. 321 (State Route 1844) +830 Hooper Creek At the confluence with Anderson Creek and Wingate Creek +709 Lincoln County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Anderson Creek and Wingate Creek +753 Howards Creek Approximately 1,800 feet upstream of the confluence with South Fork Catawba River +769 Lincoln County (Unincorporated Areas). Approximately 100 feet upstream of Catawba/Lincoln County boundary +972 Tributary 1 At the confluence with Howards Creek +769 Lincoln County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Howards Creek +795 Tributary 2 At the confluence with Howards Creek +780 Lincoln County (Unincorporated Areas). Approximately 1.4 miles upstream of North Alf Hoover Road (State Route 1200) +904 Tributary 3 At the confluence with Howards Creek +839 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of North Howards Creek Mill Road (State Route 1194) +880 Tributary 4 At the confluence with Howards Creek +859 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream West Abernethy Farm Road (State Route 1195) +904 Tributary 5 At the confluence with Howards Creek +867 Lincoln County (Unincorporated Areas). Approximately 100 feet downstream of North Overlook Lane +909 Tributary 6 At the confluence with Howards Creek +911 Lincoln County (Unincorporated Areas). Approximately 0.8 mile upstream of West Reepsville Road (State Route 1113) +1,001 Tributary 7 At the confluence with Howards Creek +928 Lincoln County (Unincorporated Areas). Approximately 1,100 feet upstream of West Gilbert Sain Road (State Route 1210) +1,022 Hoyle Creek Approximately 200 feet downstream of Gaston/Lincoln County boundary +742 Lincoln County (Unincorporated Areas). Approximately 10 feet downstream of East Keener Road (State Route 1323) +872 Tributary 1 At the confluence with Hoyle Creek +742 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of East Magnolia Grove Road (State Route 1309) +773 Tributary 2 At the confluence with Hoyle Creek +756 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Hoyle Creek +770 Tributary 4 At the confluence with Hoyle Creek +767 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Hoyle Creek +789 Tributary 5 At the confluence with Hoyle Creek +784 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of East Hovis Road (State Route 1315) +810 Tributary 6 At the confluence with Hoyle Creek +809 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of South Hill Road (State Route 1321) +855 Indian Creek Approximately 0.6 mile downstream of Gaston/Lincoln County boundary +787 Lincoln County (Unincorporated Areas). At Catawba/Lincoln County boundary +1,011 Tributary 1 At upstream side of South Landers Church Road (State Route 1176) +762 Lincoln County (Unincorporated Areas). Approximately 650 feet upstream of South St. Marks Church Road (State Route 1172) +808 Tributary 2 Approximately 1,200 feet upstream of the confluence with Indian Creek +773 Lincoln County (Unincorporated Areas). Approximately 1,200 feet upstream of the dam +896 Johnson Creek At Gaston/Lincoln County boundary +664 Lincoln County (Unincorporated Areas). Approximately 0.9 mile upstream of Gaston/Lincoln County boundary +680 Killian Creek At Gaston/Lincoln County boundary +635 Lincoln County (Unincorporated Areas). Approximately 1.5 miles upstream of East Mundy Road (State Route 1349) +829 Larkard Creek At the confluence with Clarks Creek +782 Lincoln County (Unincorporated Areas). Approximately 200 feet upstream of East Springs East Road (State Route 1342) +845 Leepers Creek At the Gaston/Lincoln County boundary +635 Lincoln County (Unincorporated Areas). At the confluence with Lippard Creek and Sawmill Branch +807 Tributary 1 At the confluence with Leepers Creek +661 Lincoln County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Leepers Creek +677 Tributary 2 At the confluence with Leepers Creek +663 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Leepers Creek +685 Tributary 3 At the confluence with Leepers Creek +665 Lincoln County (Unincorporated Areas). Approximately 2,000 feet upstream of the confluence with Leepers Creek +686 Tributary 4 At the confluence with Leepers Creek +667 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Leepers Creek +696 Tributary 5 At the confluence with Leepers Creek +671 Lincoln County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Leepers Creek +702 Leonard Fork Approximately 1,300 feet upstream of the confluence with Indian Creek +773 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of West Flay Road (State Route 1140) +934 Tributary 1 At the confluence with Leonard Fork +868 Lincoln County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Leonard Fork +937 Lick Fork Creek At the confluence with Indian Creek +790 Lincoln County (Unincorporated Areas). Approximately 1,300 feet upstream of Gaston/Lincoln County boundary +792 Lick Run Creek At the confluence with Leepers Creek +754 Lincoln County (Unincorporated Areas). Approximately 900 feet upstream of North Leeping Brook Road (State Route 1530) +895 Lippard Creek At the confluence with Leepers Creek and Sawmill Branch +807 Lincoln County (Unincorporated Areas). At Catawba/Lincoln County boundary +869 Tributary 1 At the confluence with Lippard Creek +832 Lincoln County (Unincorporated Areas). Approximately 1,600 feet upstream of East Ivey Church Road (State Route 1343) +891 Lithia Inn Branch Approximately 500 feet downstream of North Jonas Drive +774 City of Lincolnton. Approximately 450 feet upstream of U.S. 321 +878 Tributary 1 Approximately 500 feet upstream of the confluence with Lithia Inn Branch +772 City of Lincolnton. Approximately 600 feet upstream of State Route 150/South Dave Warlick Drive +828 Tributary 2 At the confluence with Lithia Inn Branch Tributary 1 +783 City of Lincolnton. Approximately 200 feet upstream of East Laurel Street +805 Little Buffalo Creek At Cleveland/Lincoln County boundary +854 Lincoln County (Unincorporated Areas). Approximately 50 feet downstream of West Flay Road (State Route 1140) +964 Little Creek

(East)At the confluence with Indian Creek +847 Lincoln County (Unincorporated Areas). Approximately 200 feet upstream of West Houser Farm Road (State Route 1127) +960 Little Creek

(West)At the Cleveland/Lincoln County boundary +961 Lincoln County (Unincorporated Areas). Approximately 1.4 miles upstream of Cleveland/Lincoln County boundary +1,022 Little Indian Creek At the confluence of Indian Creek +878 Lincoln County (Unincorporated Areas). Approximately 250 feet upstream of West Macedonia Church Road +1,067 Tributary 1 At the confluence with Little Indian Creek +905 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little Indian Creek +991 Tributary 2 At the confluence with Little Indian Creek +917 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of North Red Dawn Estate Trail +986 Tributary 3 At the confluence with Little Indian Creek +934 Lincoln County (Unincorporated Areas). Approximately 300 feet upstream of Hulls Grove Church Road +984 Tributary 4 At the confluence with Little Indian Creek +937 Lincoln County (Unincorporated Areas). Approximately 0.4 mile upstream of West Macedonia Church Road (State Route 1108) +1,069 Tributary 4A At the confluence with Little Indian Creek Tributary 4 +978 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of North Tallent Road (State Route 1120) +1,047 Little Pott Creek At the confluence with Pott Creek +793 Lincoln County (Unincorporated Areas). Approximately 150 feet downstream of North Cansler Road (State Route 1197) +874 Lutz Branch At the Gaston/Lincoln County boundary +738 Lincoln County (Unincorporated Areas). Approximately 150 feet downstream of East Mirror Lake Road (State Route 1474) +760 McClure Branch At the confluence with Leepers Creek +671 Lincoln County (Unincorporated Areas). Approximately 1.6 miles upstream of South Mt. Zion Church Road (State Route 1404) +743 Mill Creek At the confluence with Indian Creek +795 Lincoln County (Unincorporated Areas). Approximately 1.5 miles upstream of South Bess Chapel Church Road (State Route 1150) +1,023 Muddy Creek At Gaston/Lincoln County boundary +713 Lincoln County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence of Muddy Creek Tributary 2 +786 Tributary 1 At the confluence of Muddy Creek +748 Lincoln County (Unincorporated Areas). Approximately 1,700 feet upstream of U.S. 321 +778 Tributary 2 At the confluence with Muddy Creek +752 Lincoln County (Unincorporated Areas). Approximately 1,450 feet upstream of U.S. 321 +793 Ore Bank Branch At the confluence with Leepers Creek +783 Lincoln County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Leepers Creek +822 Pott Creek At the confluence with South Fork Catawba River +778 Lincoln County (Unincorporated Areas). At Catawba/Lincoln County boundary +802 Reed Creek At the confluence with Leepers Creek +723 Lincoln County (Unincorporated Areas). Approximately 1,900 feet upstream of East Stagecoach Road (State Route 1363) +773 Rockdam Creek At the confluence with Howards Creek +769 Lincoln County (Unincorporated Areas). Approximately 250 feet upstream of South Howards Creek School Road (State Route 1186) +830 Sawmill Branch At the confluence with Leepers Creek +807 Lincoln County (Unincorporated Areas). Approximately 1.3 miles upstream of North Union Church Road (State Route 1344) +871 Tributary 1 At the confluence with Sawmill Branch +833 Lincoln County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Sawmill Branch +864 Snyder Creek At the confluence with Killian Creek +686 Lincoln County (Unincorporated Areas). Approximately 1.8 mile upstream of the confluence with Killian Creek +732 South Fork Catawba River Approximately 2.4 miles upstream of the confluence of Howards Creek +773 Lincoln County (Unincorporated Areas). At Catawba/Lincoln County boundary +793 South Fork Catawba River Tributary 3 At Gaston/Lincoln County boundary +717 Lincoln County (Unincorporated Areas). Approximately 500 feet upstream of West Hoffman Road (State Route 1245) +730 Tributary 4 At Railroad +757 Lincoln County (Unincorporated Areas), City of Lincolnton. Approximately 200 feet upstream of State Route 150 +776 Tributary 5 At the confluence with South Fork Catawba River +782 Lincoln County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with South Fork Catawba River +800 Tanyard Creek At the confluence with Howards Creek +779 Lincoln County (Unincorporated Areas). Approximately 2.6 miles upstream of West Reepsville Road (State Route 1113) +906 Tributary 1 At the confluence with Tanyard Creek +791 Lincoln County (Unincorporated Areas). Approximately 1.6 miles upstream of West Reepsville Road (State Route 1113) +890 Walker Branch Approximately 200 feet downstream of North Aspen Street +765 Lincoln County (Unincorporated Areas), City of Lincolnton. Approximately 200 feet downstream of East Wilma Sigmon Road +815 Tributary 2 At the confluence with Walker Branch +805 Lincoln County (Unincorporated Areas), City of Lincolnton. Approximately 0.4 mile upstream of North Huss Street +947 Wilkinson Creek At the confluence with Wingate Creek +753 Lincoln County (Unincorporated Areas). Approximately 300 feet upstream of State Route 150 +910 Wingate Creek At the confluence with Anderson Creek and Hooper Creek +709 Lincoln County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence of Wilkinson Creek +804 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Lincolnton Maps are available for inspection at the City of Lincolnton Planning Department, 114 West Sycamore Street, Lincolnton, North Carolina. Lincoln County (Unincorporated Areas) Maps are available for inspection at the Lincoln County Planning Department, 302 North Academy Street, Lincolnton, North Carolina. Brown County, South Dakota and Incorporated Areas Docket No.: FEMA-B-7343 4th Street Drainageway Approximately 400 feet downstream of Sixth Street +1,295 City of Groton. Approximately 200 feet downstream of Sixth Street +1,296 Approximately 300 feet upstream of 13th Avenue/Highway 12 +1,302 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Groton Maps are available for inspection City Hall, 209 North Main Street, Groton, South Dakota, 57445. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: February 28, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-4157 Filed 3-7-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Part 30 RIN 0991-AB18 Claims Collection AGENCY: Department of Health and Human Services. ACTION: Final rule. SUMMARY: This final rule amends the Department of Health and Human Services'

(HHS)regulations to implement the provisions of the Debt Collection Improvement Act of 1996 (DCIA), as implemented by the Department of Justice (Justice) and the Department of the Treasury (Treasury) as the Federal Claims Collection Standards (FCCS). This final rule implements the final rule promulgated by Justice and Treasury, and amends the process by which HHS can administratively collect, offset, compromise, suspend and terminate collection activity for civil claims for money, funds, or property, and the rules and process by which HHS can refer civil claims to Treasury, Treasury-designated debt collection centers, or Justice for collection by further administrative action or litigation, as applicable. DATES: *Effective Date:* March 8, 2007. FOR FURTHER INFORMATION CONTACT: Jeffrey S. Davis, Associate General Counsel, General Law Division, Office of the General Counsel, Department of Health and Human Services, Room 4760 Cohen Building, 330 Independence Avenue SW., Washington, DC 20201. SUPPLEMENTARY INFORMATION: Background The Debt Collection Act of 1982 (DCA), Public Law No. 97-365, was implemented on a government-wide basis by the FCCS, set forth at 4 CFR part 101 *et seq.* , issued by Justice and the General Accounting Office on March 9, 1984. See 49 FR 8889 (1984). HHS implemented the FCCS at 45 CFR part 30. As mandated by the DCIA, Justice and Treasury jointly promulgated the revised FCCS at 31 CFR parts 900-904 to reflect the legislative changes to the Federal debt collection procedures enacted by the DCIA. The revised FCCS superseded the current FCCS, and removed the Comptroller General as promulgator of the FCCS. HHS is required to implement regulations, consistent with the DCIA and the regulations promulgated by Justice and Treasury. The following changes to the Department's current debt collection regulation are incorporated in the proposed regulation to reflect the DCIA and the implementing final rule: 1. Demand Letter. One demand should be sufficient. It will include the applicable standards for imposing any interest, penalties, or administrative costs; use of collection agencies, Federal salary offset, tax refund offset, administrative offset, and litigation; any rights the debtor may have to seek review of the Department's determination of the debt and to enter into a reasonable repayment agreement; and information regarding the Department's remedies to enforce payment of the debt. 2. Mutual Releases. HHS and debtors will exchange mutual releases of non-tax liabilities, in all appropriate instances, when a claim is compromised. 3. Increase in Amounts. The principal claim amount that HHS is authorized to compromise or to suspend or terminate collection activity thereon, without concurrence by Justice, is increased from $20,000 to $100,000. In addition, the minimum amount of a claim that may be referred to Justice for litigation is increased from $600 to $2,500. 4. Transferring or Referring Delinquent Debt. There are new debt collection procedures for transferring or referring delinquent debt to Treasury or a Treasury-designated debt collection center for collection. 5. Centralized Administrative Offset. There are new debt collection procedures for mandatory, centralized administrative offset by disbursing officials. 6. Mandatory Credit Bureau Reporting. There are new debt collection procedures for mandatory credit bureau reporting. 7. Prohibition Against Federal Financial Assistance. There are new debt collection procedures prohibiting Federal financial assistance in the form of loans, loan guarantees, or loan insurance to debtors, unless waived by the Secretary. Disaster loans are exempt from this prohibition. 8. Army Hold-up List. The use of the Army hold-up list to report indebted contractors to the Department of the Army has been discontinued. Additionally, we note that the current HHS claims collection regulations at 45 CFR 30.13(d) provided: “[u]nless specifically authorized by statute, regulation or written agreement, or unless the debts arise from, or involve, fraud or criminal activity, the Secretary will not charge interest on debts arising from payments to beneficiaries under Titles II, XVI, and XVIII of the Social Security Act.” This rule will not change this Departmental practice. For debts arising from payments to beneficiaries under Titles XVI and XVIII of the Social Security Act (Title II is now administered by the Social Security Administration), the Secretary will not assess interest unless specifically required to do so by statute, regulation or written agreement, or unless the debts arise from, or involve, fraud or criminal activity. To the extent any provision of this rule is inconsistent with a more specific provision ( *e.g.* , certain provisions in 45 CFR parts 31, 32, and 33 and 42 CFR parts 401 and 405), the more specific provision shall apply. Basic Provisions In accordance with the requirements of the DCIA and the implementing regulations promulgated by Justice and Treasury at 31 CFR parts 900-904, this final rule establishes the procedures for the administrative collection, offset, compromise, suspension and termination of collection activity for civil claims for money, funds, or property, as defined by 31 U.S.C. 3701(b), and the process by which HHS can refer civil claims to Treasury, Treasury-designated debt collection centers, or Justice for collection by further administrative action or litigation, as applicable. The rule does not apply to claims between Federal agencies. The rule affects HHS's debtors. This rule revises the current Department regulation in accordance with the substantive and procedural requirements of the DCIA and the implementing final rule. (Authority: 31 U.S.C. 3711.) Public Comments We received the following comments on the proposed rule. *Comment:* One commenter asserted that the mandatory demand letter statements required by § 30.11 of the proposed rule potentially conflicted with validation disclosures of § 809 of the Fair Debt Collection Practices Act (FDCPA) that private collection contractors are required to deliver in their initial demand letters. *Response:* We do not agree that the requirements of § 30.11 of the final rule conflict with the FDCPA and have made no changes to the final rule based on this comment. Section 30.11(b)(1) provides a listing of the information that must be included in a demand letter. The specific clauses that concerned the commenter are found in § 30.11(b)(2) which provides the listing of the information which should be included in a demand letter, including the statements of fact that:

(1)A debtor delinquent on a debt is ineligible for Government loans, loan guarantees, or loan insurance until the debtor resolves the debt;

(2)when seeking to collect statutory penalties, forfeiture or other similar types of claims, the debtor's licenses, permits, or other privileges may be suspended or revoked if failure to pay the debt is inexcusable or willful; and

(3)knowingly making false statements or bringing frivolous actions may subject the debtor to civil or criminal penalties under 31 U.S.C. 3729-3731, 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority, and, if the debtor is a Federal employee, to disciplinary action under 5 CFR part 752 or other applicable authority. *Comment:* One commenter noted that in the Medicare Secondary Payer

(MSP)context, the Centers for Medicare & Medicaid Services

(CMS)currently utilizes two demand letters and requested either the section 30.11(b) statement, “[g]enerally one demand letter should suffice * * *” be deleted or recognize that in the MSP context two demand letters are generally appropriate. *Response:* We are making no changes to the final rule based on this comment. Under the FCCS, agencies are permitted to use more than one demand letter to meet the requirements at 31 CFR 901.2. Therefore, there is no need to change the current language of § 30.11(b) to accommodate the use of more than one demand letter. *Comment:* One commenter stated that in the MSP context, initial demand letters and intent to refer letters are not often directed to the appropriate, responsible party. As a result, the entity bearing responsibility for the debt may not have an opportunity to respond prior to the referral of the debt to Treasury for collection. The commenter recommended HHS:

(1)Amend proposed § 30.11(a)(2) to state that demand letters “shall be sent by first class mail to the debtor's last known address, as confirmed through reasonable efforts”;

(2)Add a new sentence stating that if a letter is returned as undeliverable, the Secretary shall take reasonable steps to determine the appropriate address of the alleged debtor and send a second letter; and

(3)Add a new provision stating that the Secretary shall provide alleged debtors (generally employers, insurers or third party administrators) with the opportunity to designate a central agent (at a specific location) to receive MSP demand letters. *Response:* We are making no changes to the final rule based on this comment. As to the first two suggestions, CMS uses the most recent address information in its system specific to a particular debt. As to the third suggestion, the final rule would not prohibit an employer, insurer, or third party administrator from reaching an agreement with CMS on a designated agent for the receipt of MSP demand letters to the extent that CMS systems can handle the request and the specific debtor information can be appropriately matched. Employers, insurers, and third party administrators should have internal procedures which ensure correct internal routing of such letters if the letter is received at any address of the entity. *Comment:* In another comment relating to MSP debts, a commenter urged HHS to amend proposed § 30.11(b)(1) to state that the written demand for payment “shall include sufficient information to allow the recipient to identify the specific debt involved.” The commenter noted in the MSP context, sufficient information includes: beneficiary name, HIC number, basis for Medicare eligibility, policy number, services included in the claim, dates of service, provider type, amount due, and member name/company. *Response:* We are making no changes to the final rule based on this comment. The current CMS process is adequate because most of the information listed is already included in the demand letter package. The demand package contains sufficient information to allow the recipient to identify the specific debt involved. The intent to refer letter package includes the initial demand letter (including attachments) when it is issued. However, the content of the initial demand letter is dependent on the debtor responding to CMS's requests, if any, for additional information. Finally, CMS has no control over what information Treasury includes in its first letter to the debtor and the information Treasury instructs the private collection agency to include in its collection letter. *Comment:* One commenter requested HHS to modify proposed § 30.11 to add new text (modeled directly on the FCCS at 31 CFR 901.2(e)) that reads “the Secretary should respond promptly to communications from debtors, within 30 days whenever feasible, and should advise debtors who dispute debts to furnish available evidence to support their contentions.” *Response:* We have made this change requested by the commenter and have added a new 30.11(f) providing: *Communications from debtors.* The Secretary should respond promptly to communications from debtor, within 30 days where feasible, and should advise debtors who dispute debts to furnish available evidence to support their contentions. *Comment:* One commenter noted that § 30.11(b)(1)(ii) would require that demand letters state “[t]he date by which payment should be made to avoid late charges and enforced collection, which generally shall be no later than 30 days from the date the demand letter is mailed.” The commenter sought confirmation that the proposed regulation will not

(1)Require CMS to shorten the period allowed by the MSP statute for entities to respond to demands for payment before the imposition of interest or

(2)prohibit the Secretary from exercising discretion to waive interest, where appropriate. *Response:* We are making no changes to the final rule based on this comment. We confirm that the regulation does not require CMS to shorten the period allowed by the MSP statute for MSP debtors to respond to demands for payment before the imposition of interest, or prohibit the Secretary from exercising discretion to waive interest, where appropriate (see § 30.18(g), Waiver). Proposed § 30.11(b)(1)(ii) is not intended to alter any existing CMS policies and procedures on when entities must respond to demands for payment to avoid interest in the MSP context (currently, 60 days), nor is it intended to limit the Secretary from waiving interest where appropriate and where consistent with government-wide and agency-specific debt collection standards. The language in proposed 30.11(b)(1)(ii) states payment “should” be made “generally” no later than 30 days to avoid late charges and enforced collection. Based on this language, CMS may exercise discretion in extending the time frame for entities to respond for specific types of debt such as MSP debts. *Comment:* Proposed § 30.10(c)(1) states that “[t]he Secretary shall transfer debts 180 days or more delinquent to the Treasury in accordance with the requirements of 31 CFR 285.12.” A commenter requested that the regulation be amended, consistent with the Treasury regulations, to make clear that debt is not required to be transferred to Treasury unless and until a final agency determination has been made. Accordingly, the commenter requested that HHS amend section 30.10 to read: “(c) The Secretary shall transfer debts 180 days or more delinquent to Treasury, where appropriate, in accordance with the requirements of 31 CFR 285.12 when there is a final agency determination that the debt, in the amount stated, is due and there are no legal bars to collection action.” The commenter believed that premature referral of debt would not only violate the terms of the Treasury regulation, but also undermine efficient administration of debt collection since alleged MSP debtors, whom the commenter incorrectly asserted do not receive final agency determinations prior to referral, generally seek reconsideration at the Treasury level. The commenter contended that this adds an unnecessary level of complication to the debt collection process and typically results in claims being sent back to CMS for further review and verification of the validity of the debt. *Response:* We are making no changes to the final rule based on this comment. It is implicit in the regulatory language that, before transfer to Treasury, there will have been a final agency determination that the debt, in the amount stated, is due. *Comment:* One commenter urged HHS to modify the proposed regulation to clearly state the specific process with which CMS must comply before transferring MSP debt to Treasury for administrative offset and/or other cross-servicing. The commenter believed that the proposed regulations do not include all of the criteria set forth in the Treasury regulations as prerequisites to transfer, and recommended that HHS amend proposed § 30.12(b)(2) to state: “When referring delinquent debt to the Secretary of the Treasury for centralized administrative offset or other debt collection activity, the appropriate agency official must certify, in written form acceptable to the Secretary of the Treasury, that

(i)The debt is valid, past due and legally enforceable; and

(ii)the Department has complied with all due process requirements under 31 U.S.C. 3716(a) and paragraph (c)(2) of this section and all prerequisites to a particular collection action under the laws, regulations or policies applicable to the agency (unless the Secretary of the Treasury has agreed to comply with such requirements on the Department's behalf).” *Response:* We are making three changes to the final rule based on this comment. First, we are changing the definition of “Legally enforceable” in § 30.2 to add on to the end “(for example, the debt is not the subject of a pending administrative review required by statute or regulation and collection action during the review process is prohibited.)” Second, we are adding “legally enforceable” before the word “debts” in 30.10(c)(1). While we believe the requirement that the debt not be transferred, under mandatory transfer, if it is the subject of a pending administrative review required by statute or regulation and collection action during the review process is prohibited was clear, as previously drafted, since this is a requirement of 31 CFR 285.12(c)(3)(i) and 30.10(c)(1) specified that transfers to Treasury would be made in accordance with the requirements of 31 CFR 285.12, the regulation is more complete with this clarification. Related to the part of the comment that 30.10(c)(2) did not include all of the criteria set forth in the Treasury regulations as prerequisites to transfer, we are also amending 30.10(c)(2) to include “in accordance with the requirements of 31 CFR 285.12.” Therefore, the requirements of Treasury's regulations are clearly included. *Comment:* One commenter suggested that the Claims Collection regulations be amended to state that the Secretary may, where appropriate, in the MSP debt context, explore the use of alternative dispute resolution to resolve disputed debt. *Response:* We are making no changes to the final rule based on this comment because we believe that CMS's current regulations and processes provide adequate opportunity for the debtor to dispute a debt. *Comment:* One commenter recommended that HHS define the term “valid debt” under § 30.2 to mean debt where the government has a reasonable expectation of being able to prove the existence of the debt in court, based on the legal issues and the facts. *Response:* We are making no changes to the Final Rule based on this comment. We do not agree that it is necessary to define “valid debt.” *Comment:* One commenter noted the proposed Claims Collection regulations state that the term “legally enforceable” means “there has been a final agency determination that the debt, in the amount stated, is due and there are no legal bars to collection action.” Proposed § 30.2, Definitions. The commenter requested HHS amend the proposed regulations to expressly state that, when an alleged debtor has disputed a debt, the appropriate agency official may not refer the debt to Treasury unless and until a written determination explaining the basis for the decision has been issued (and a copy provided to the alleged debtor) concerning the validity of the alleged debt. *Response:* We are making no changes to the final rule based on this comment. First, in response to a previously discussed comment, we are changing the definition of “Legally enforceable” in § 30.2 to add on to the end “(for example, the debt is not the subject of a pending administrative review required by statute or regulation and collection action during the review process is prohibited.)” Also, a final determination that a debt, in the amount stated, is due and there are no legal bars to collection action does not require issuing a formal written determination, separate from and in addition to the demand letter, explaining the basis for such decision. Also, the regulations provide, in the definition of a debt (§ 30.2, Definitions) that an appropriate official of the Federal Government determined an amount of funds or other property is owed to the Government. Such a determination, therefore, is needed before a demand letter would be sent and before the debt would be referred to Treasury for collection. *Comment:* One commenter noted that proposed section 30.12(b) states that when referring delinquent debts to the Secretary of Treasury for centralized administrative offset, the Department must certify that the Department has complied with all due process requirements under 31 U.S.C. 3716(a) and § 30.12(c)(2) of the proposed rule. 31 U.S.C. 3716(a)(3) states that the head of an administrative agency may collect by offset only after, among other things, giving the debtor “an opportunity for a review within the agency of the decision of the agency related to the claim.” The commenter noted that the proposed HHS regulations state that where review is required, the Secretary must afford the alleged debtor an oral or paper hearing. *See* Proposed § 30.12(e). The commenter supported this provision of the regulation, but noted the need for clarification regarding the specific due process rights that will be afforded to employers/unions and health plans/insurers disputing alleged MSP debt. The commenter noted that CMS has published proposed Medicare claims appeal regulations which expressly allow beneficiaries and providers/suppliers to appeal Medicare contractor determinations that they owe the government monies under the MSP statute, but has not provided any specific due process appeal rights to employers/unions or health plans/insurers in similar circumstances. *See* 67 FR 69311, 69317-20 (Nov. 15, 2003). The commenter asserted that, as a matter of law, employers/unions and health plans/insurers are entitled to independent review of an alleged MSP debt determination by a Medicare contractor prior to referral of the debt to Treasury for offset. The commenter strongly urged HHS to identify the specific due process rights to be afforded such entities challenging the existence of MSP debt, particularly the nature of any associated appeal rights. The commenter noted that the FCCS encourages agencies to use “all authorized remedies, including alternative dispute resolution,” for claims collection, 31 CFR 900.1(c), and requested HHS to amend the Claims Collection regulation to state that the Secretary may, in appropriate circumstances, explore the use of alternative dispute resolution mechanisms to resolve disputed debt. While the commenter does not request that CMS be required to use such alternative dispute resolution mechanisms, the commenter believes CMS should be granted the flexibility through regulation to develop creative and cost-effective ways of resolving disputed claims short of transfer to Treasury (and without incurring the significant costs associated with use of private collection agencies). *Response:* We are making no changes to the final rule based on this comment. We believe that current CMS procedures provide adequate opportunity for the non-beneficiary or non-provider/supplier MSP debtor ( *e.g.* , employers/unions or health plans/insurers) to dispute a debt. Employers, insurers, third party administrators, plans, or other plan sponsors that are issued a demand letter are provided adequate notice of the debt and an opportunity to rebut the debt prior to CMS referring the MSP debt to Treasury. *Comment:* One commenter stated that it is aware of numerous situations in which offset of a claim occurred after CMS had determined that monies were not in fact due with respect to the particular claim. Accordingly, the commenter recommended HHS amend the Claims Collection regulations to include the following language adapted from 31 CFR 285.12 of the Treasury regulations: “Once a debt is referred to Treasury, the Secretary must promptly notify Treasury of any change in the status of the debt, including any decision that the debt is not in fact owed.” *Response:* We are making no changes to the final rule based on this comment. As noted by the commenter, Treasury's current regulations already provide for notification to Treasury of changes in the status of the legal enforceability of a debt. Since 30.10(c) states that the transfer of debts be in accordance with 31 CFR 285.12, and 31 CFR 285.12(i) includes this notification of status requirement, it is unnecessary to restate that requirement here. *Comment:* One commenter noted that proposed § 30.18 requires the Department to assess administrative costs incurred for processing and handling delinquent debts and, “[u]nless otherwise established by contract, repayment agreement, or statute,” to impose a penalty of six percent a year on the amount due on a debt that is delinquent for more than 90 days. The commenter asserted that the mandatory imposition of administrative costs and penalties is not appropriate for MSP debt since the interest and penalty provision of the Debt Collection Improvement Act, 31 U.S.C. 3717, does not (with limited exceptions not here relevant) apply to “a claim or debt under, or an amount payable under * * * the Social Security Act,” 31 U.S.C. 3701(d). Accordingly, commenter requested that HHS amend § 30.18 to incorporate language from the current HHS Claims Collection regulations which states: “[t]he Secretary will charge administrative costs or late payment penalties on debts arising under the Social Security Act where authorized by statute, regulations, or written agreement.” *See* 45 CFR 30.13(d)(2). *Response:* We are making no changes to the final rule based on this comment. The proposed regulation did not change the current CMS process for assessing administrative fees. As to comments on MSP debts not being subject to the interest and penalties provisions of the DCIA, the MSP provisions of the Medicare statute (section 1862(b) of the Social Security Act) and implementing regulations (42 CFR 411.24(m)) provide CMS separate, independent authority for assessing interest on delinquent MSP debts. *Comment:* One commenter noted that proposed § 30.24(b) states “[t]he Secretary will ensure that a compromise agreement with one debtor does not release the Department's claim against the remaining debtors.” The commenter requested that given the unique nature of MSP claims, HHS delete or modify the text of the proposed regulation to expressly authorize the Secretary to release all potential debtors, where appropriate with respect to a particular debt. The commenter expressed a belief that historically, MSP settlements with the government have released claims against *all* potential debtors. The commenter urged HHS to amend the regulations to allow the Secretary to retain the flexibility to execute similar agreements in the future. The commenter believed that such comprehensive settlements are particularly appropriate in the MSP context where it is not cost-effective to adjudicate claims twice and health plans/insurers will have significantly less incentive to enter into MSP settlement agreements if potential claims against their group health plan customers are not released. *Response:* The proposed regulation is intended to govern situations where agency (in this case, CMS) regulations are silent or fail to govern a specific debt situation. The proposed language in § 30.24(b) would not prohibit the Secretary from executing a compromise of selected debts where an insurer is negotiating on its own behalf and on behalf of others as authorized. However, HHS will insert the word “automatically” before the word “release” to make clear that some action could take place which would release all parties. *Comment:* A commenter requested that HHS amend proposed § 30.11(b)(2)(vi) to provide that “[a]ny amounts collected and ultimately found not to have been owed by the debtor will be refunded promptly.” The commenter explained the proposed modification is fair and appropriate where monies are not in fact due. In addition, the commenter requested that HHS modify the proposed regulation to require individual agencies, including CMS, to establish clearly publicized processes for debtors to request reimbursement of disputed amounts that were paid in order to avoid the imposition of interest or were taken by offset and specific timelines for prompt adjudication of the amounts in dispute. *Response:* We are making no changes to the final rule based on this comment. Applicable statutes and regulations do not mandate that the above quoted language be included in demand letters, nor do they mandate a specific time frame or published process for debtors to request reimbursement of disputed amounts or for refunding amounts previously collected. HHS will revisit this suggestion if it is problematic in practice. *Comment:* One commenter stated that, when a debt is contested at the Treasury/private collection agency level, Treasury will often seek input from CMS concerning the validity of the underlying debt. The commenter submitted that when this occurs, it is appropriate for Treasury to suspend all collection efforts, including offset. Accordingly, the commenter requested that HHS add a provision to the regulation authorizing suspension of all collection activities by Treasury or a private collection agency when Treasury seeks guidance from HHS regarding the validity of a particular debt in dispute. *Response:* We are making no changes to the final rule based on this comment. This comment addresses current Treasury procedures and is outside the scope of the Claims Collection regulations. *Comment:* One commenter supported HHS's proposed modifications of the regulations which would authorize HHS to compromise, suspend or terminate collection activity on a debt under $100,000 in principal amount without the concurrence of Justice. See Proposed §§ 30.21 and 30.28. The commenter also supports amendments set forth in proposed § 30.36 which raise the minimum amount of debt necessary for referral for litigation. *Response:* No response to this comment is necessary. *Comment:* One commenter supported proposed § 30.22(a)(3)(i) which authorizes the Secretary to compromise a debt where the cost of collecting the debt does not justify the enforced collection of the full amount, but requested that the regulation be amended to state that “[t]he amount accepted in compromise of such cases may reflect an appropriate discount for the administrative and litigation costs of collection, with consideration given to the time it will take to effect collection and the age of the delinquent debt.” Likewise, the commenter requested that proposed § 30.19 be amended to direct that the age of delinquent debt be considered in developing data on costs and corresponding recovery rates to be used (among other things) in establishing guidelines with respect to points at which costs of further collection efforts are likely to exceed recoveries. The commenter believed the age of alleged MSP debt directly affects the demand letter processing and collection costs for both the government and the alleged debtors and should be expressly considered in establishing collection guidelines. The commenter requested that HHS amend the Claims Collection regulation to expressly recognize that it is appropriate for agencies to

(1)Take the age of a debt into account when determining what documentation must be provided by the alleged debtor to mount a defense, and

(2)exercise flexibility in determining whether additional collection efforts are appropriate or justified concerning old debt. *Response:* We are making no changes to the final rule based on this comment. We do not agree that it is necessary or appropriate to specifically require consideration of the age of the delinquent debt as a factor in pursuing or compromising a debt. *Comment:* There were several comments related to the rule's impact on state collection activities when states seek to collect debts due under a program authorized under the Social Security Act for which Federal funds were provided ( *i.e.* , Temporary Assistance to Needy Families (TANF), State Children's Health Insurance Program (SCHIP) and Medicaid). Certain commenters explained the difficulties and increased burdens on states in following the proposed rule. For example, one commenter offered that the particular state would need to change its computer system and the current way it did business. Other commenters explained the benefits of interpreting the rule to allow TANF debts to be collected pursuant to the rule and strongly recommended the rule be interpreted to include state debts and authorize states to submit TANF debts to the Treasury Offset Program. *Response:* We are making no changes to the final rule based on these comments, but draw the commenters' attention to several points. In the TANF program, there is no direct Federal share in recipient overpayments because TANF is a block grant program. Therefore, these regulations would not affect state collection activities with respect to recipient families. In addition, states are not subject to the FCCS when seeking to collect state overpayments made to providers in the Medicaid and SCHIP programs. Because we do not believe that this regulation imposes any new requirement related to state collection activities in the referenced Social Security Act programs that are related to overpayments or other debts to or on behalf of individual recipients, we do not find any burden on states related to such collection activities. *Comment:* One commenter recommended that many mandates in the regulation be made permissive ( *i.e.* , changing “shall” to “may” in certain places in the regulation text) so as not to mandate certain state action. *Response:* We are making no changes to the final rule based on this comment because, as explained in the response to the previous comments (directly above), the HHS regulation does not place these mandates on states. *Comment:* One commenter asked whether states administering TANF, SCHIP or Medicaid should refer cases to the HHS Office of the Inspector General. *Response:* The proposed rule was not intended to change the current way states refer to law enforcement entities claims that are suspected to involve fraud, false information, or misrepresentation on the part of the debtor. States should continue to refer such claims to the appropriate governmental entity pursuant to applicable Federal and State laws and agency guidance. Other Changes Made to the Final Rule We have also changed § 30.18(b)(2), regarding the percentage of interest to be charged on debts. The NPRM requirement that the Department document in writing the reasons for charging a higher rate was omitted and the following language was added: “Any such higher rate of interest charged will be based on Treasury's quarterly rate certification to the U.S. Public Health Service for delinquencies in the National Research Services Awards and the National Health Services Corps Scholarship Program. The Department publishes this rate in the **Federal Register** quarterly.” Federalism We have analyzed this final rule in accordance with the principles set forth in Executive Order

(EO)13132 (Federalism). We have determined that the rule does not contain policies that have substantial direct effects on the States, on the relationship between National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, we have concluded that the rule does not contain policies that have federalism implications as defined in the EO and, consequently, a federalism summary impact statement is not required. Analysis of Impacts For purposes of the Paperwork Reduction Act, 44 U.S.C. chapter 35, this proposed rule will impose no new reporting or recordkeeping requirements on any member of the public. Economic Impact We have examined the impact of this rule as required by EO 12866 (Regulatory Planning and Review), the Regulatory Flexibility Act

(RFA)(September 19, 1980; Pub. L. No. 96-354); the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. No. 104-4); and the Truth in Regulating Act of 2000 (5 U.S.C. 801 note). EO 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize the benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis

(RIA)must be prepared for major rules with economically significant effects ($100 million or more in 1 year). We have determined that the rule is consistent with the principles set forth in EO 12866, and we find that the rule would not have an effect on the economy that exceeds $100 million in any one year. In addition, this rule is not a major rule as defined at 5 U.S.C. 804(2). In accordance with the provisions of the EO 12866, the rule was reviewed by the Office of Management and Budget. Under the RFA, 5 U.S.C. 605(b), if a rule has a significant impact on a substantial number of small entities, an agency must analyze regulatory options that would minimize any significant impact of the rule on small entities. The agency has considered the effect that this rule would have on small entities. I hereby certify, under 5 U.S.C. 605(b), that the rule will not have a significant economic impact on a substantial number of small entities, including small businesses, small organizations and small local governments. Therefore, a regulatory flexibility analysis is not required by 5 U.S.C. 603. Section 202 of the UMRA also requires that agencies assess anticipated costs and benefits before issuing any rule that may result in expenditure in any one year by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million. As noted above, we find that the rule would not have an effect of this magnitude on the economy. Therefore, no further analysis is required under the UMRA. Plain Language EO 12866 and the President's memorandum of June 1, 1998, require all rules to be written in plain language. We believe we have done so. List of Subjects in 45 CFR Part 30 Administrative practice and procedure, Claims, Debts, Appeals, Government employees, Privacy. xxxxxxxxxxxxxxxxxxxxxxxxxx HHS revises 45 CFR part 30 to read as follows: PART 30—CLAIMS COLLECTION Subpart A—General Provisions Sec. 30.1 Purpose, authority, and scope. 30.2 Definitions. 30.3 Antitrust, fraud, exception in the account of an accountable official, and interagency claims excluded. 30.4 Compromise, waiver, or disposition under other statutes not precluded. 30.5 Other administrative remedies. 30.6 Form of payment. 30.7 Subdivision of claims. 30.8 Required administrative proceedings. 30.9 No private rights created. Subpart B—Standards for the Administrative Collection of Debts 30.10 Collection activities. 30.11 Demand for payment. 30.12 Administrative offset. 30.13 Debt reporting and the use of credit reporting agencies. 30.14 Contracting with private collection contractors and with entities that locate and recover unclaimed assets. 30.15 Suspension or revocation of eligibility for loans and loan guarantees, licenses, permits or privileges. 30.16 Liquidation of collateral. 30.17 Collection in installments. 30.18 Interest, penalties, and administrative costs. 30.19 Review of cost effectiveness of collection. 30.20 Taxpayer information. Subpart C—Debt Compromise 30.21 Scope and application. 30.22 Basis for compromise. 30.23 Enforcement policy. 30.24 Joint and several liability. 30.25 Further review of compromise offers. 30.26 Consideration of tax consequences to the Government. 30.27 Mutual release of the debtor and the Government. Subpart D—Suspending and Terminating Collection Activities 30.28 Scope and application. 30.29 Suspension of collection activity. 30.30 Termination of collection activity. 30.31 Exception to termination. 30.32 Discharge of indebtedness; reporting requirements. Subpart E—Referrals to the Department of Justice 30.33 Prompt referral. 30.34 Claims Collection Litigation Report. 30.35 Preservation of evidence. 30.36 Minimum amount of referrals. Authority: 31 U.S.C. 3711(d). Subpart A—General Provisions § 30.1 Purpose, authority, and scope.

(a)*Purpose.* This part prescribes the standards and procedures for the Department's use in the administrative collection, offset, compromise, and suspension or termination of collection activity for claims for funds or property, as defined by 31 U.S.C. 3701(b) and this part. Covered activities include the collection of debts in any amount; the compromise and suspension or termination of collection activity of debts that do not exceed $100,000, or such higher amount as the Attorney General may prescribe, exclusive of interest, penalties, and administrative costs; and the referral of debts to the Department of the Treasury (Treasury), the Treasury-designated debt collection centers, or the Department of Justice (Justice) for collection by further administrative action or litigation, as applicable.

(b)*Authority.* The Secretary is issuing the regulations in this part under the authority contained in 31 U.S.C. 3711(d). The standards and procedures prescribed in this part are authorized under the Federal Claims Collection Act, as amended, Public Law No. 89-508, 80 Stat. 308 (July 19, 1966), the Debt Collection Act of 1982, Public Law No. 97-365, 96 Stat. 1749 (October 25, 1982), the Debt Collection Improvement Act of 1996, Public Law No. 104-134, 110 Stat. 1321, 1358 (April 26, 1996) and the Federal Claims Collection Standards at 31 CFR parts 900 through 904.

(c)*Scope.*

(1)The standards and procedures prescribed in this part apply to all officers and employees of the Department, including officers and employees of the various Operating Divisions and Regional Offices of the Department, charged with the collection and disposition of debts owed to the United States.

(2)The standards and procedures set forth in this part will be applied except where specifically excluded herein or where a statute, regulation or contract prescribes different standards or procedures.

(3)Regulations governing the use of certain debt collection procedures created under the Debt Collection Improvement Act of 1996, including tax refund offset, administrative wage garnishment, and Federal salary offset, are contained in parts 31 through 33 of this chapter. § 30.2. Definitions. In this part— *Administrative offset* means withholding funds payable by the United States to, or held by the United States for, a person to satisfy a debt. *Agency* means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of the Government, including Government corporations. *Appropriate official* means the Department official who, by statute or delegation of authority, determines the existence and amount of debt. *Business day* means Monday through Friday. For purposes of computation, the last day of the period will be included unless it is a Federal holiday, in which case the next business day following the holiday will be considered the last day of the period. *Claim* see the definition for the term “debt.” The terms “claim” and “debt” are synonymous and interchangeable. *Creditor agency* means an agency to which a debt is owed, including a debt collection center acting on behalf of a creditor agency. *Day* means calendar day. For purposes of computation, the last day of the period will be included unless it is a Saturday, Sunday, or a Federal holiday, in which case the next business day will be considered the last day of the period. *Debt or claim* means an amount of funds or other property determined by an appropriate official of the Federal Government to be owed to the United States from any person, organization, or entity, except another Federal agency. For the purpose of administrative offset, the term includes an amount owed by an individual to a State, the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. Debts include, but are not limited to, amounts owed pursuant to: Loans insured or guaranteed by the United States; fees; leases; rents; royalties; services; sales of real or personal property; Federal salary overpayments; overpayments to program beneficiaries, contractors, providers, suppliers, and grantees; audit disallowance determinations; civil penalties and assessments; theft or loss; interest; fines and forfeitures (except those arising under the Uniform Code of Military Justice); and all other similar sources. *Debt collection center* means the Department of the Treasury, or other Federal agency, subagency, unit, or division designated by the Secretary of the Treasury to collect debts owed to the United States. *Debtor* means an individual, organization, association, partnership, corporation, or State or local government or subdivision indebted to the Government, or the person or entity with legal responsibility for assuming the debtor's obligation. *Debts arising under the Social Security Act* are overpayments to, or contributions, reimbursements, penalties or assessments owed by, any entity, individual, or State under the Social Security Act. Such amounts include amounts owed to the Medicare program under section 1862(b) of the Social Security Act. Salary overpayments and other debts that result from the administration of the provisions of the Social Security Act are not deemed to “arise under” the Social Security Act for purposes of this part. *Delinquent debt* means a debt which the debtor does not pay or otherwise resolve by the date specified in the initial demand for payment, or in an applicable written repayment agreement or other instrument, including a post-delinquency repayment agreement. *Department* means the Department of Health and Human Services, and its Operating Divisions and Regional Offices. *Disbursing official* means an officer or employee who has authority to disburse public money pursuant to 31 U.S.C. 3321 or another law. *Disposable pay* means that part of the debtor's current basic, special, incentive, retired, and retainer pay, or other authorized pay, remaining after deduction of amounts required by law to be withheld. For purposes of calculating disposable pay, legally required deductions that must be applied first include: Tax levies pursuant to the Internal Revenue Code (title 26, United States Code); properly withheld taxes, FICA, Medicare; health and life insurance premiums; and retirement contributions. Amounts deducted under garnishment orders, including child support garnishment orders, are not legally required deductions for calculating disposable pay. *Evidence of service* means information retained by the Department indicating the nature of the document to which it pertains, the date of mailing of the document, and the address and name of the debtor to whom it is being sent. A copy of the dated and signed written notice provided to the debtor pursuant to this part may be considered evidence of service for purposes of this part. Evidence of service may be retained electronically so long as the manner of retention is sufficient for evidentiary purposes. *FMS* means the Financial Management Service, a bureau of the Department of the Treasury. *Hearing* means a review of the documentary evidence to confirm the existence or amount of a debt or the terms of a repayment schedule. If the Secretary determines that the issues in dispute cannot be resolved by such a review, such as when the validity of the claim turns on the issue of credibility or veracity, the Secretary may provide an oral hearing. (See 45 CFR 33.6(c)(2) for oral hearing procedures that may be provided by the Secretary). *IRS* means the Internal Revenue Service, a bureau of the Department of the Treasury. *Late charges* means interest, penalties, and administrative costs required or permitted to be assessed on delinquent debts. *Legally enforceable* means that there has been a final agency determination that the debt, in the amount stated, is due and there are no legal bars to collection action. *Local government* means a political subdivision, instrumentality, or authority of any State, the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico, or an Indian tribe, band or nation. *Operating Division* means each separate component, agency, subagency, and unit within the Department of Health and Human Services, including, but not limited to, the Administration for Children and Families, the Administration on Aging, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, the National Institutes of Health, Substance Abuse and Mental Health Services Administration, Indian Health Service, Health Resources and Services Administration, Agency for Toxic Substances and Disease Registry, Agency for Healthcare Research and Quality, and the Office of the Secretary. *OPM* means the Office of Personnel Management. *Payment authorizing agency* means an agency that transmits a voucher to a disbursing official for the disbursement of public money. *Payments made under the Social Security Act* means payments by this Department or other agencies to beneficiaries, providers, intermediaries, physicians, suppliers, carriers, States, or other contractors or grantees under a Social Security Act program, including: Title I (Grants to States for Old-Age Assistance for the Aged); Title II (Federal Old-Age, Survivors, and Disability Insurance Benefits); Title III (Grants to States for Unemployment Compensation Administration); Title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services); Title V (Maternal and Child Health Services Block Grant); Title IX (Miscellaneous Provisions Relating to Employment Security); Title X (Grants to States for Aid to the Blind); Title XI, Part B (Peer Review of the Utilization and Quality of Health Care Services); Title XII (Advances to State Unemployment Funds); Title XIV (Grants to States for Aid to Permanently and Totally Disabled); Title XVI (Grants to States for Aid to the Aged, Blind, and Disabled); Title XVII (Grants for Planning Comprehensive Action to Combat Mental Retardation); Title XVIII (Health Insurance for the Aged and Disabled); Title XIX (Grants to States for Medical Assistance Programs); Title XX (Block Grants to States for Social Services); and Title XXI (State Children's Health Insurance Program). Federal employee salaries and other payments made by the Department or other agencies in the course of administering the provisions of the Social Security Act are not deemed to be “payable under” the Social Security Act for purposes of this part. *Private collection contractors* means private debt collection under contract with the Department to collect a nontax debt or claim owed to the Department. The term includes private debt collectors, collection agencies, and commercial attorneys. *Salary offset* means an administrative offset to collect a debt owed by a Federal employee through deductions at one or more officially established pay intervals from the current pay account of the employee without his or her consent. *Secretary* means the Secretary of Health and Human Services, or the Secretary's designee. *Taxpayer identification number* means the identifying number described under section 6109 of the Internal Revenue Code of 1986 (26 U.S.C. 6109). For an individual, the taxpayer identifying number is the individual's Social Security Number. *Tax refund offset* means withholding or reducing a tax refund payment by an amount necessary to satisfy a debt. § 30.3 Antitrust, fraud, exception in the account of an accountable official, and interagency claims excluded.

(a)*Claims involving antitrust violations or fraud.*

(1)The standards in this part relating to compromise, suspension, and termination of collection activity do not apply to any debt based in whole or in part on conduct in violation of antitrust laws, or to any debt involving fraud, presentation of a false claim, or misrepresentation on the part of the debtor or any party having an interest in the claim, unless the Department of Justice returns a referred claim to the Department for further handling in accordance with parts 31 CFR 900 through 904 and this part.

(2)Upon identification of a debt suspected of involving an antitrust violation or fraud, a false claim, misrepresentation, or other criminal activity or misconduct, the Secretary shall refer the debt to the Office of the Inspector General for review.

(3)Upon the determination of the Office of the Inspector General that a claim is based in whole or in part on conduct in violation of the antitrust laws, or involves fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any party having an interest in the claim, the Secretary shall promptly refer the case to the Department of Justice for action.

(b)*Exception in the account of an accountable official.* The standards in this part do not apply to compromise of an exception in the account of an accountable official.

(c)*Interagency claims.* This part does not apply to claims between Federal agencies. The Department will attempt to resolve interagency claims by negotiation in accordance with EO 12146. § 30.4 Compromise, waiver, or disposition under other statutes not precluded. Nothing in this part precludes the Department from disposing of any claim under statutes and implementing regulations other than subchapter II of chapter 37 of Title 31 of the United States Code and the Federal Claims Collection Standards, 31 CFR parts 900 through 904. Any statute and implementing regulation specifically applicable to the claims collection activities of the Department will take precedence over this part. § 30.5 Other administrative remedies. The remedies and sanctions available under this part for collecting debts are not intended to be exclusive. Nothing contained in this part precludes using any other administrative remedy which may be available for collecting debts owed to the Department, such as converting the method of payment under a grant from an advancement to a reimbursement method or revoking a grantee's letter-of-credit. § 30.6 Form of payment. Claims may be paid in the form of money or, when a contractual basis exists, the Department may demand the return of specific property or the performance of specific services. § 30.7 Subdivision of claims. Debts may not be subdivided to avoid the monetary ceiling established by 31 U.S.C. 3711(a)(2). A debtor's liability arising from a particular transaction or contract shall be considered a single debt in determining whether the debt, exclusive of interest, penalties and administrative costs, does not exceed $100,000, or such higher amount as prescribed by the Attorney General for purposes of compromise, or suspension or termination of collection activity. § 30.8 Required administrative proceedings. This part does not supersede, or require omission or duplication of administrative proceedings required by contract, or other laws or regulations. See for example, 42 CFR part 50 (Public Health Service), 45 CFR part 16 (Departmental Grant Appeals Board), and 48 CFR part 33 (Federal Acquisition Regulation) and part 333 (HHS Acquisition Regulation). § 30.9 No private rights created. The standards in this part do not create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, the Department, its officers, or any other person, nor shall the failure of the Department to comply with any of the provisions of this part be available to any debtor as a defense. Subpart B—Standards for the Administrative Collection of Debts § 30.10 Collection activities.

(a)*General rule.* The Secretary shall aggressively and timely collect all debts arising out of activities of, or referred or transferred for collection actions to, the Department. Normally, an initial written demand for payment shall be made no later than 30 days after a determination by an appropriate official that a debt exists.

(b)*Cooperation with other agencies.* The Department shall cooperate with other agencies in their debt collection activities.

(c)*Transfer of delinquent debts.*

(1)*Mandatory transfer.* The Department shall transfer legally enforceable debts 180 days or more delinquent to Treasury in accordance with the requirements of 31 CFR 285.12. This requirement does not apply to any debt that:

(i)Is in litigation or foreclosure;

(ii)Will be disposed of under an approved asset sale program within one year of becoming eligible for sale;

(iii)Has been referred to a private collection contractor for a period of time acceptable to the Secretary of the Treasury;

(iv)Is at a debt collection center for a period of time acceptable to the Secretary of the Treasury (see paragraph (c)(2) of this section);

(v)Will be collected under internal offset procedures within three years after the debt first became delinquent; or

(vi)Is exempt from this requirement based on a determination by the Secretary of the Treasury that exemption for a certain class of debt is in the best interest of the United States.

(2)*Permissive transfer.* The Secretary may refer debts less than 180 days delinquent, including debts referred to the Department by another agency, to the Treasury in accordance with the requirements of 31 CFR 285.12, or with the consent of the Treasury, to a Treasury-designated debt collection center to accomplish efficient, cost effective debt collection. Referrals to debt collection centers shall be at the discretion of, and for a time period acceptable to, the Secretary of the Treasury. Referrals may be for servicing, collection, compromise, suspension, or termination of collection action. § 30.11 Demand for payment.

(a)*Written demand for payment.*

(1)Written demand, as described in paragraph

(b)of this section, shall be made promptly upon a debtor in terms that inform the debtor of the consequences of failing to cooperate with the Department to resolve the debt.

(2)Normally, the demand letter will be sent no later than 30 days after the appropriate official determines that the debt exists. The demand letter shall be sent by first class mail to the debtor's last known address.

(3)When necessary to protect the Government's interest, for example to prevent the running of a statute of limitations, the written demand for payment may be preceded by other appropriate action under this part, including immediate referral to Justice for litigation.

(b)*Demand letters.* The specific content, timing, and number of demand letters shall depend upon the type and amount of the debt and the debtor's response, if any, to the Department's letters or telephone calls. Generally, one demand letter should suffice; however, more may be used.

(1)The written demand for payment shall include the following information:

(i)The nature and amount of the debt, including the basis for the indebtedness;

(ii)The date by which payment should be made to avoid late charges and enforced collection, which generally shall be no later than 30 days from the date the demand letter is mailed;

(iii)The applicable standards for imposing any interest, penalties, or administrative costs (see § 30.18);

(iv)The rights, if any, the debtor may have to:

(A)Seek review of the Department's determination of the debt, and for purposes of administrative wage garnishment or salary offset, to request a hearing (see 45 CFR parts 32 and 33); and

(B)Enter into a reasonable repayment agreement.

(v)An explanation of how the debtor may exercise any of the rights described in paragraph (b)(1)(iv) of this section;

(vi)The name, address, and phone number of a contact person or office within the Department to address any debt-related matters; and

(vii)The Department's remedies to enforce payment of the debt, which may include:

(A)Garnishing the debtor's wages through administrative wage garnishment;

(B)Offsetting any Federal payments due the debtor, including income tax refunds, salary, certain benefit payments such as Social Security, retirement, and travel reimbursements and advances;

(C)Referring the debt to a private collection contractor;

(D)Reporting the debt to a credit bureau or other automated database;

(E)Referring the debt to Justice for litigation; and

(F)Referring the debt to Treasury for any of the collection actions described in paragraphs (b)(1)(vii)(A) through

(E)of this section, advising the debtor that such referral is mandatory if the debt is 180 or more days delinquent.

(2)The written demand for payment should also include the following information:

(i)The debtor's right to inspect and copy all records of the Department pertaining to the debt, or if the debtor or the debtor's representative cannot personally inspect the records, to request and receive copies of such records;

(ii)The Department's willingness to discuss with the debtor alternative methods of payment;

(iii)A debtor delinquent on a debt is ineligible for Government loans, loan guarantees, or loan insurance until the debtor resolves the debt;

(iv)When seeking to collect statutory penalties, forfeiture or other similar types of claim, the debtor's licenses, permits, or other privileges may be suspended or revoked if failure to pay the debt is inexcusable or willful. Such suspension or revocation shall extend to programs or activities administered by the States on behalf of the Federal Government, to the extent that they affect the Federal Government's ability to collect money or funds owed by debtors;

(v)Knowingly making false statements or bringing frivolous actions may subject the debtor to civil or criminal penalties under 31 U.S.C. 3729-3731, 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority, and, if the debtor is a Federal employee, to disciplinary action under 5 CFR part 752 or other applicable authority;

(vi)Any amounts collected and ultimately found not to have been owed by the debtor will be refunded;

(vii)For salary offset, up to 15% of the debtor's current disposable pay may be deducted every pay period until the debt is paid in full; and

(viii)Dependent upon applicable statutory authority, the debtor may be entitled to consideration for a waiver.

(c)The Secretary will retain evidence of service indicating the date of mailing of the demand letter. The evidence of service, which may include a certificate of service, may be retained electronically so long as the manner of retention is sufficient for evidentiary purposes.

(d)Prior to, during, or after the completion of the demand process, if the Secretary determines to pursue, or is required to pursue offset, the procedures applicable to offset should be followed (see § 30.12). The availability of funds for debt satisfaction by offset and the Secretary's determination to pursue collection by offset shall release the Secretary from the necessity of further compliance with paragraphs (a), (b), and

(c)of this section.

(e)*Finding debtors.* The Secretary will use every reasonable effort to locate debtors, using such sources as telephone directories, city directories, postmasters, drivers license records, automobile title and license records in State and local government agencies, the IRS, credit reporting agencies and skip locator services. Referral of a confess-judgment note to the appropriate United States Attorney's Office for entry of judgment will not be delayed because the debtor cannot be located.

(f)*Communications from debtors.* The Secretary should respond promptly to communications from debtor, within 30 days where feasible, and should advise debtors who dispute debts to furnish available evidence to support their contentions.

(g)*Exception.* This section does not require duplication of any notice already contained in a written agreement, letter or other document signed by, or provided to, the debtor. § 30.12 Administrative offset.

(a)*Scope.*

(1)Administrative offset is the withholding of funds payable by the United States to, or held by the United States for, a person to satisfy a debt.

(2)This section does not apply to:

(i)Debts arising under the Social Security Act, except as provided in 42 U.S.C. 404;

(ii)Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c), and implementing regulation at 31 CFR 285.4;

(iii)Debts arising under, or payments made under, the Internal Revenue Code or the tariff laws of the United States;

(iv)Offsets against Federal salaries to the extent these standards are inconsistent with regulations published to implement such offsets under 5 U.S.C. 5514 and 31 U.S.C. 3716 (see 5 CFR part 550, subpart K; 31 CFR 285.7; and part 33 of this chapter);

(v)Offsets under 31 U.S.C. 3728 against a judgment obtained by a debtor against the United States;

(vi)Offsets or recoupments under common law, State law, or Federal statutes specifically prohibiting offsets or recoupments for particular types of debts; or

(vii)Offsets in the course of judicial proceedings, including bankruptcy.

(3)Unless otherwise provided for by contract or law, debts or payments that are not subject to administrative offset under 31 U.S.C. 3716 may be collected by administrative offset under the common law or other applicable statutory authority.

(4)Unless otherwise provided by law, collection by administrative offset under the authority of 31 U.S.C. 3716 may not be conducted more than 10 years after the Department's right to collect the debt first accrued, unless facts material to the Department's right to collect the debt were not known and could not reasonably have been known by the Secretary. This limitation does not apply to debts reduced to judgment.

(5)Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, the Office of the General Counsel should be contacted for legal advice concerning the impact of the Bankruptcy Code, particularly 11 U.S.C. 106, 362 and 553, on pending or contemplated collections by offset.

(b)*Centralized administrative offset.*

(1)Except as provided in the exceptions listed in § 30.10(c)(1), legally enforceable debts which are 180 days delinquent shall be referred to the Secretary of the Treasury for collection by centralized administrative offset pursuant to and in accordance with 31 CFR 901.3(b). Debts which are less than 180 days delinquent, including debts referred to the Department by another agency, also may be referred to the Secretary of the Treasury for collection by centralized administrative offset.

(2)When referring delinquent debts to the Secretary of the Treasury for centralized administrative offset, the Department must certify, in a form acceptable to the Secretary of the Treasury, that:

(i)The debt is past due and legally enforceable; and

(ii)The Department has complied with all due process requirements under 31 U.S.C. 3716(a) and paragraph (c)(2) of this section.

(3)Payments that are prohibited by law from being offset are exempt from centralized administrative offset. The Secretary of the Treasury shall exempt payments under means-tested programs from centralized administrative offset when requested in writing by the head of the payment certifying or authorizing agency. Also, the Secretary of the Treasury may exempt other classes of payments from centralized offset upon the written request of the head of the payment certifying or authorizing agency.

(c)*Non-centralized administrative offset.*

(1)Unless otherwise prohibited by law, when centralized administrative offset under paragraph

(b)of this section is not available or appropriate, the Secretary may collect a delinquent debt by conducting non-centralized administrative offset internally or in cooperation with the agency certifying or authorizing payments to the debtor.

(2)Except as provided in paragraph (c)(3) of this section, administrative offset may be initiated only after:

(i)The debtor has been sent written notice of the type and amount of the debt, the intention of the Department to initiate administrative offset to collect the debt, and an explanation of the debtor's rights under 31 U.S.C. 3716; and

(ii)The debtor has been given:

(A)The opportunity to inspect and copy Department records related to the debt;

(B)The opportunity for a review within the Department of the determination of indebtedness; and

(C)The opportunity to make a written agreement to repay the debt.

(3)The due process requirements under paragraph (c)(2) of this section may be omitted when:

(i)Offset is in the nature of a recoupment, i.e., the debt and the payment to be offset arise out of the same transaction or occurrence;

(ii)The debt arises under a contract as set forth in Cecile Industries, Inc. v. Cheney, 995 F.2d 1052 (Fed. Cir. 1993) (notice and other procedural protections set forth in 31 U.S.C. 3716(a) do not supplant or restrict established procedures for contractual offsets covered by the Contracts Disputes Act); or

(iii)In the case of non-centralized administrative offset conducted under paragraph (c)(1) of this section, the Department first learns of the existence of the amount owed by the debtor when there is insufficient time before payment would be made to the debtor/payee to allow for prior notice and an opportunity for review. When prior notice and an opportunity for review are omitted, the Secretary shall give the debtor such notice and an opportunity for review as soon as practical and shall promptly refund any money ultimately found not to have been owed to the Government.

(4)When the debtor previously has been given any of the required notice and review opportunities with respect to a particular debt, such as under § 30.11 of this part, the Department need not duplicate such notice and review opportunities before administrative offset may be initiated.

(5)Before requesting that a payment authorizing agency to conduct non-centralized administrative offset, the Department shall:

(i)Provide the debtor with due process as set forth in paragraph (c)(2) of this section; and

(ii)Provide the payment authorizing agency written certification that the debtor owes the past due, legally enforceable delinquent debt in the amount stated, and that the Department has fully complied with this section.

(6)When a creditor agency requests that the Department, as the payment authorizing agency, conduct non-centralized administrative offset, the Secretary shall comply with the request, unless the offset would not be in the best interest of the United States with respect to the program of the Department, or would otherwise be contrary to law. Appropriate use should be made of the cooperative efforts of other agencies in effecting collection by administrative offset, including salary offset.

(7)When collecting multiple debts by non-centralized administrative offset, the Department will apply the recovered amounts to those debts in accordance with the best interests of the United States, as determined by the facts and circumstances of the particular case, particularly the applicable statute of limitations.

(d)*Requests to OPM to offset a debtor's anticipated or future benefit payments under the Civil Service Retirement and Disability Fund and the Federal Employee Retirement System.* Upon providing OPM written certification that a debtor has been afforded the procedures provided in paragraph (c)(2) of this section, the Department may request OPM to offset a debtor's anticipated or future benefit payments under the Civil Service Retirement and Disability Fund

(Fund)in accordance with 5 CFR part 831, subpart R, or under the Federal Employee Retirement System

(FERS)in accordance with 5 CFR part 845, subpart D. Upon receipt of such a request, OPM will identify and “flag” a debtor's account in anticipation of the time when the debtor requests, or becomes eligible to receive, payments from the Fund or under FERS. This will satisfy any requirement that offset be initiated prior to the expiration of the time limitations referenced in 31 CFR 901.3(b)(4).

(e)*Review requirements.*

(1)For purposes of this section, whenever the Secretary is required to afford a debtor a review within the Department, the debtor shall be provided with a reasonable opportunity for an oral hearing when the debtor requests reconsideration of the debt and the Secretary determines that the question of the indebtedness cannot be resolved by review of the documentary evidence, for example, when the validity of the debt turns on an issue of credibility or veracity.

(2)Unless otherwise required by law, an oral hearing under this section is not required to be a formal evidentiary hearing, although the Department will carefully document all significant matters discussed at the hearing.

(3)An oral hearing is not required with respect to debt collection systems where determinations of indebtedness rarely involve issues of credibility or veracity, and the Secretary has determined that a review of the written record is adequate to correct prior mistakes.

(4)In those cases when an oral hearing is not required by this section, the Secretary shall accord the debtor a “paper hearing,” that is, a determination of the request for reconsideration based upon a review of the written record. § 30.13 Debt reporting and use of credit reporting agencies.

(a)*Reporting delinquent debts.*

(1)The Secretary will report delinquent debts over $100 to credit bureaus or other automated databases. Debts arising under the Social Security Act are excluded from paragraph (a).

(2)Debts owed by individuals will be reported to consumer reporting agencies pursuant to 5 U.S.C. 552a(b)(12).

(3)Once a debt has been referred to Treasury for collection, any subsequent reporting to or updating of a credit bureau or other automated database may be handled by the Treasury.

(4)Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, the Office of the General Counsel should be contacted for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. 362, and the procedures for obtaining relief from such stay prior to proceeding under paragraph

(a)of this section.

(5)If the debtor has not received prior written notice under § 30.11(b), before reporting a delinquent debt under this section, the Secretary shall provide the debtor at least 60 days written notice of the amount and nature of the debt; that the debt is delinquent and the Department intends to report the debt to a credit bureau (including the specific information that will be disclosed); that the debtor has the right to dispute the accuracy and validity of the information being disclosed; and, if a previous opportunity was not provided, that the debtor may request review within the Department of the debt or rescheduling of payment. The Secretary may disclose only the individual's name, address, and social security number and the nature, amount, status and history of the debt.

(b)*Use of credit reporting agencies.* The Secretary may also use credit reporting agencies to obtain credit reports to evaluate the financial status of loan applicants, potential contractors and grantees; to determine a debtor's ability to repay a debt; and to locate debtors. In the case of an individual, the Secretary may disclose, as a routine use under 5 U.S.C 552a(b)(3), only the individual's name, address, and Social Security number and the purpose for which the information will be used. § 30.14 Contracting with private collection contractors and with entities that locate and recover unclaimed assets.

(a)Subject to the provisions of paragraph

(b)of this section, the Secretary may contract with private collection contractors to recover delinquent debts, provided that:

(1)The Secretary retains the authority to resolve disputes, compromise debts, suspend or terminate collection action, and refer debts to Justice for litigation;

(2)The private collection contractor is not allowed to offer the debtor, as an incentive for payment, the opportunity to pay the debt less the private collection contractor's fee unless the Secretary has granted such authority prior to the offer;

(3)The contract provides that the private collection contractor is subject to the Privacy Act of 1974 to the extent specified in 5 U.S.C. 552a(m), and to applicable Federal and State laws and regulations pertaining to debt collection practices, including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. 1692; and

(4)The private collection contractor is required to account for all amounts collected.

(b)The Secretary shall use government-wide debt collection contracts to obtain debt collection services provided by private collection contractors. However, the Secretary may refer debts to private collection contractors pursuant to a contract between the Department and the private collection contractor only if such debts are not subject to the requirement to transfer debts to the Department of the Treasury for debt collection under 31 U.S.C. 3711(g) and 31 CFR 285.12(e).

(c)Debts arising under the Social Security Act (which can be collected by private collection contractors only by Treasury after the debt has been referred to Treasury for collection) are excluded from this section.

(d)The Secretary may fund private collection contractor contracts in accordance with 31 U.S.C. 3718(d), or as otherwise permitted by law. A contract under paragraph

(a)of this section may provide that the fee a private collection contractor charges the Department for collecting the debt is payable from the amounts collected.

(e)The Department may enter into contracts for locating and recovering assets of the United States including unclaimed assets. However, before entering into a contract to recover assets of the United States that may be held by a State government or financial institution, the Department must establish procedures that are acceptable to the Secretary of Treasury.

(f)The Secretary may enter into contracts for debtor asset and income search reports. In accordance with 31 U.S.C. 3718(d), such contracts may provide that the fee a contractor charges the Department for such services may be payable from the amounts recovered, unless otherwise prohibited by statute. § 30.15 Suspension or revocation of eligibility for loans and loan guarantees, licenses, permits, or privileges. (a)(1) Unless waived by the Secretary, financial assistance in the form of loans, loan guarantees, or loan insurance shall not be extended to any person delinquent on a non-tax debt owed to the United States. This prohibition does not apply to disaster loans. Grants, cooperative agreements, and contracts are not considered to be loans.

(2)The authority to waive the application of this section may be delegated to the Chief Financial Officer and re-delegated only to the Deputy Chief Financial Officer.

(3)States that manage Federal activities, pursuant to approval from the Secretary, should ensure that appropriate steps are taken to safeguard against issuing licences, permits, or other privileges to debtors who fail to pay their debts to the Federal Government.

(b)The Secretary will report to Treasury any surety that fails to honor its obligations under 31 U.S.C. 9305.

(c)In non-bankruptcy cases, when seeking to collect statutory penalties, forfeitures, or other types of claims, the Secretary may suspend or revoke licenses, permits, or other privileges of a delinquent debtor if the failure to pay the debt is found to be inexcusable or willful. Such suspension or revocation will extend to programs or activities administered by the States on behalf of the Federal Government, to the extent that they affect the Federal Government's ability to collect money or funds owed by debtors.

(d)Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, before taking any action to suspend or revoke under paragraph

(c)of this section, the Office of the General Counsel should be contacted for legal advice concerning the impact of the Bankruptcy Code, particularly 11 U.S.C. 362 and 525, which may restrict such action. § 30.16 Liquidation of collateral. (a)(1) The Secretary will liquidate security or collateral through the exercise of a power of sale in the security instrument or a non-judicial foreclosure, and apply the proceeds to the applicable debt(s), if the debtor fails to pay the debt(s) within a reasonable time after demand and if such action is in the best interests of the United States.

(2)Collection from other sources, including liquidation of security or collateral, is not a prerequisite to requiring payment by a surety, insurer, or guarantor unless such action is expressly required by statute or contract.

(3)The Secretary will give the debtor reasonable notice of the sale and an accounting of any surplus proceeds and will comply with other requirements under law or contract.

(b)Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, the Office of the General Counsel should be contacted for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. 362, and the procedures for obtaining relief from such stay prior to proceeding under paragraph

(a)of this section. § 30.17 Collection in installments.

(a)Whenever feasible, the total amount of a debt shall be collected in one lump sum payment. If a debtor is financially unable to pay a debt in one lump sum, either by funds or administrative offset, the Secretary may accept payment in regular installments. The Secretary will obtain financial statements from debtors who represent that they are unable to pay in one lump sum and independently verify such representations as described in § 30.22(a)(1). (b)(1) When the Secretary agrees to accept payments in regular installments, a legally enforceable written agreement should be obtained from the debtor that specifies all the terms and conditions of the agreement, and that includes a provision accelerating the debt in the event of a default.

(2)The size and frequency of the payments should reasonably relate to the size of the debt and the debtor's ability to pay. Whenever feasible, the installment agreement will provide for full payment of the debt, including interest and charges, in three years or less.

(3)In appropriate cases, the agreement should include a provision identifying security obtained from the debtor for the deferred payments. § 30.18 Interest, penalties, and administrative costs.

(a)*Generally.* Except as provided in paragraphs (g), (h), and

(i)of this section, the Department shall charge interest, penalties, and administrative costs on delinquent debts owed to the United States. These charges shall continue to accrue until the debt is paid in full or otherwise resolved through compromise, termination, or waiver of the charges.

(b)*Interest.* The Department shall charge interest on delinquent debts owed the United States as follows:

(1)Interest shall accrue from the date of delinquency, or as otherwise provided by law. For debts not paid by the date specified in the written demand for payment made under § 30.11, the date of delinquency is the date of mailing of the notice. The date of delinquency for an installment payment is the due date specified in the payment agreement.

(2)Unless a different rate is prescribed by statute, contract, or a repayment agreement, the rate of interest charged shall be the rate established annually by the Secretary of the Treasury pursuant to 31 U.S.C. 3717. The Department may charge a higher rate if necessary to protect the rights of the United States and the Secretary has determined and documented a higher rate for delinquent debt is required to protect the Government's interests. Any such higher rate of interest charged will be based on Treasury's quarterly rate certification to the U.S. Public Health Service for delinquencies in the National Research Services Awards and the National Health Services Corps Scholarship Program. The Department publishes this rate in the **Federal Register** quarterly.

(3)Unless prescribed by statute or contract, the rate of interest, as initially charged, shall remain fixed for the duration of the indebtedness. When a debtor defaults on a repayment agreement and seeks to enter into a new agreement, the Department may require payment of interest at a new rate that reflects the Treasury rate in effect at the time the new agreement is executed. Interest shall not be compounded, that is, interest shall not be charged on interest, penalties, or administrative costs required by this section, unless prescribed by statute or contract. If, however, the debtor defaults on a previous repayment agreement, charges that accrued but were not collected under the defaulted agreement shall be added to the principal under the new repayment agreement.

(c)*Administrative costs.* The Department shall assess administrative costs incurred for processing and handling delinquent debts. The calculation of administrative costs should be based on actual costs incurred or a valid estimate of the actual costs. Calculation of administrative costs shall include all direct (personnel, supplies, etc.) and indirect collection costs, including the cost of providing a hearing or any other form of administrative review requested by a debtor, and any costs charged by a collection agency under § 30.14. These charges will be assessed monthly, or per payment period, throughout the period that the debt is overdue. Such costs may also be in addition to other administrative costs if collection is being made for another Federal agency or unit.

(d)*Penalty.* Unless otherwise established by contract, repayment agreement, or statute, the Secretary will charge a penalty of six percent a year on the amount due on a debt that is delinquent for more than 90 days. This charge shall accrue from the date of delinquency.

(e)*Cost of living adjustment.* When there is a legitimate reason to do so, such as when calculating interest and penalties on a debt would be extremely difficult because of the age of the debt, an administrative debt may be increased by the cost of living adjustment in lieu of charging interest and penalties under this section. Administrative debt includes, but is not limited to, a debt based on fines, penalties, and overpayments, but does not include a debt based on the extension of Government credit, such as those arising from loans and loan guaranties. The cost of living adjustment is the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the debt was determined or last adjusted. Such increases to administrative debts shall be computed annually.

(f)*Priority.* When a debt is paid in partial or installment payments, amounts received shall be applied first to outstanding penalties, second to administrative charges, third to interest, and last to principal.

(g)*Waiver.*

(1)The Secretary shall waive the collection of interest and administrative charges imposed pursuant to this section on the portion of the debt that is paid within 30 days after the date on which interest began to accrue. The Secretary may extend this 30-day period on a case-by-case basis if the Secretary determines that such action is in the best interest of the Government, or otherwise warranted by equity and good conscience.

(2)The Secretary also may waive interest, penalties, and administrative charges charged under this section, in whole or in part, without regard to the amount of the debt, based on:

(i)The criteria set forth at § 30.22(a)(1) through

(4)for the compromise of debts; or

(ii)A determination by the Secretary that collection of these charges is:

(A)Against equity and good conscience; or

(B)Not in the best interest of the United States.

(h)*Review.*

(1)Except as provided in paragraph (h)(2) of this section, administrative review of a debt will not suspend the assessment of interest, penalties, and administrative costs. While agency review of a debt is pending, the debtor either may pay the debt or be liable for interest and related charges on the uncollected debt. When agency review results in a final determination that any amount was properly a debt and the debtor chose to retain the amount in dispute, the Secretary shall collect from the debtor the amount determined to be due, plus interest, penalties and administrative costs on such debt amount, as calculated under this section, starting from the date the debtor was first made aware of the debt and ending when the debt is repaid.

(2)*Exception.* Interest, penalties, and administrative cost charges will not be imposed on a debt for periods during which collection activity has been suspended under § 30.29(c)(1) pending agency review or consideration of waiver if statute prohibits collection of the debt during this period.

(i)*Common law or other statutory authority.* The Department may impose and waive interest and related charges on debts not subject to 31 U.S.C. 3717 in accordance with the common law or other statutory authority. § 30.19 Review of cost effectiveness of collection. Periodically, the Secretary will compare costs incurred and amounts collected. Data on costs and corresponding recovery rates for debts of different types and in various dollar ranges will be used to compare the cost effectiveness of alternative collection techniques, establish guidelines with respect to points at which costs of further collection efforts are likely to exceed recoveries, assist in evaluating offers in compromise, and establish minimum debt amounts below which collection efforts need not be taken. § 30.20 Taxpayer information.

(a)When attempting to locate a debtor in order to collect or compromise a debt under this part or any other authority, the Secretary may send a request to Treasury in accordance with 31 CFR 901.11 to obtain a debtor's mailing address from the records of the IRS.

(b)Mailing addresses obtained under paragraph

(a)of this section may be used to enforce collection of a delinquent debt and may be disclosed to other agencies and to collection agencies for collection purposes. Subpart C—Debt Compromise § 30.21 Scope and application.

(a)*Scope.* The standards set forth in this subpart apply to the compromise of debts pursuant to 31 U.S.C. 3711. The Secretary may exercise such compromise authority for debts arising out of activities of, or referred or transferred for collection services to, the Department when the amount of the debt then due, exclusive of interest, penalties, and administrative costs, does not exceed $100,000, or any higher amount authorized by the Attorney General.

(b)*Application.* Unless otherwise provided by law, when the principal balance of a debt, exclusive of interest, penalties, and administrative costs, exceeds $100,000 or any higher amount authorized by the Attorney General, the authority to accept a compromise rests with Justice. The Secretary shall evaluate the compromise offer, using the factors set forth in this subpart. If an offer to compromise any debt in excess of $100,000 is acceptable to the Department, the Secretary shall refer the debt to the Civil Division or other appropriate litigating division in Justice using a Claims Collection Litigation Report (CCLR), which may be obtained from Justice's National Central Intake Facility. The referral shall include appropriate financial information and a recommendation for the acceptance of the compromise offer. Justice approval is not required if the Secretary rejects a compromise offer. § 30.22 Bases for compromise.

(a)*Compromise.* The Secretary may compromise a debt if the full amount cannot be collected based upon inability to pay, inability to collect the full debt, cost of collection, or doubt debt can be proven in court.

(1)*Inability to pay.* The debtor is unable to pay the full amount in a reasonable time, as verified through credit reports or other financial information. In determining a debtor's inability to pay the full amount of the debt within a reasonable time, the Secretary will obtain and verify the debtor's claim of inability to pay by using credit reports or a current financial Statement from the debtor, executed under penalty of perjury, showing the debtor's assets, liabilities, income, and expenses. The Secretary may use a Departmental financial information form or may request suitable forms from Justice or the local United States Attorney's Office. The Secretary also may consider other relevant factors such as:

(i)Age and health of the debtor;

(ii)Present and potential income;

(iii)Inheritance prospects;

(iv)The possibility that assets have been concealed or improperly transferred by the debtor; and

(v)The availability of assets or income that may be realized by enforced collection proceedings.

(2)*Inability to collect full debt.* The Government is unable to collect the debt in full within a reasonable time by enforced collection proceedings.

(i)In determining the Government's ability to enforce collection, the Secretary will consider the applicable exemptions available to the debtor under State and Federal law, and may also consider uncertainty as to the price the collateral or other property will bring at a forced sale.

(ii)A compromise effected under this section should be for an amount that bears a reasonable relation to the amount that can be recovered by enforced collection procedures, with regard to the exemptions available to the debtor and the time that collection will take.

(3)*Cost of collection.* The cost of collecting the debt does not justify the enforced collection of the full amount.

(i)The Secretary may compromise a debt if the cost of collecting the debt does not justify the enforced collection of the full amount. The amount accepted in compromise of such cases may reflect an appropriate discount for the administrative and litigation costs of collection, with consideration given to the time it will take to effect collection. Collection costs may be a substantial factor in the settlement of small debts.

(ii)In determining whether the costs of collection justify enforced collection of the full amount, the Secretary will consider whether continued collection of the debt, regardless of cost, is necessary to further an enforcement principal, such as the Government's willingness to pursue aggressively defaulting and uncooperative debtors.

(4)*Doubt debt can be proven in court.* There is significant doubt concerning the Government's ability to prove its case in court.

(i)If there is significant doubt concerning the Government's ability to prove its case in court for the full amount claimed, either because of the legal issues involved or because of a bona fide dispute as to the facts, then the amount accepted in compromise of such cases should fairly reflect the probabilities of successful prosecution to judgment, with due regard to the availability of witnesses and other evidentiary support for the Government's claim.

(ii)In determining the litigation risks involved, the Secretary will consider the probable amount of court costs and attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, that may be imposed against the Government if it is unsuccessful in litigation.

(b)*Installments.* The Secretary generally will not accept compromises payable in installments. This is not an advantageous form of compromise in terms of time and administrative expense. If, however, payment of a compromise in installments is necessary, the Secretary shall, except in the case of compromises based on paragraph (a)(4) of this section, obtain a legally enforceable written agreement providing that, in the event of default, the full original principal balance of the debt prior to compromise, less sums paid thereon, is reinstated. The Office of the General Counsel should be consulted concerning the appropriateness of including such a requirement in the case of compromises based on paragraph (a)(4) of this section. Whenever possible, the Secretary will obtain security for repayment in the manner set forth in subpart B of this part. § 30.23 Enforcement policy. The Secretary may compromise statutory penalties, forfeitures, or claims established as an aid to enforcement and to compel compliance if the Department's enforcement policy, in terms of deterrence and securing compliance, present and future, will be adequately served by the Secretary's acceptance of the sum to be agreed upon. § 30.24 Joint and several liability.

(a)When two or more debtors are jointly and severally liable, the Secretary will pursue collection against all debtors, as appropriate. The Secretary will not attempt to allocate the burden of payment between the debtors but will proceed to liquidate the indebtedness as quickly as possible.

(b)The Secretary will ensure that a compromise agreement with one debtor does not automatically release the Department's claim against the remaining debtor(s). The amount of a compromise with one debtor shall not be considered a precedent or binding in determining the amount that will be required from other debtors jointly and severally liable on the claim. § 30.25 Further review of compromise offers. If the Secretary is uncertain whether to accept a firm, written, substantive compromise offer on a debt that is within the Secretary's delegated compromise authority, the Secretary may refer the offer to the Civil Division or other appropriate litigating division in Justice, using a CCLR accompanied by supporting data and particulars concerning the debt. Justice may act upon such an offer or return it to the Secretary with instructions or advice. § 30.26 Consideration of tax consequences to the Government. In negotiating a compromise, the Secretary will consider the tax consequences to the Government. In particular, the Secretary will consider requiring a waiver of tax-loss-carry-forward and tax-loss-carry-back rights of the debtor. For information on discharge of indebtedness reporting requirements see § 30.32. § 30.27 Mutual release of the debtor and the Government. In all appropriate instances, a compromise that is accepted by the Secretary will be implemented by means of a mutual release. The terms of such mutual release shall provide that the debtor is released from further non-tax liability on the compromised debt in consideration of payment in full of the compromise amount and the Government and its officials, past and present, are released and discharged from any and all claims and causes of action arising from the same transaction that the debtor may have. In the event a mutual release is not executed when a debt is compromised, unless prohibited by law, the debtor is still deemed to have waived any and all claims and causes of action against the Government and its officials related to the transaction giving rise to the compromised debt. Subpart D—Suspending and Terminating Collection Activities § 30.28 Scope and application.

(a)*Scope.* The standards set forth in this subpart apply to the suspension or termination of collection activity pursuant to 31 U.S.C. 3711 on debts that do not exceed $100,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs, after deducting the amount of partial payments or collections, if any. Prior to referring a debt to Justice for litigation, the Secretary may suspend or terminate collection under this subpart with respect to debts arising out of activities of, or referred or transferred for collection services to, the Department.

(b)*Application.*

(1)If, after deducting the amount of partial payments or collections, the principal amount of the debt exceeds $100,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs, the authority to suspend or terminate rests solely with Justice.

(2)If the Secretary believes that suspension or termination of any debt in excess of $100,000 may be appropriate, the Secretary shall refer the debt to the Civil Division or other appropriate litigating division in Justice, using the CCLR. The referral will specify the reasons for the Secretary's recommendation. If, prior to referral to Justice, the Secretary determines that a debt is plainly erroneous or clearly without merit, the Secretary may terminate collection activity regardless of the amount involved without obtaining Justice concurrence. § 30.29 Suspension of collection activity.

(a)*Generally.* The Secretary may suspend collection activity on a debt when:

(1)The Department cannot locate the debtor;

(2)The debtor's financial condition is expected to improve; or

(3)The debtor has requested a waiver or review of the debt.

(b)*Financial condition.* Based on the current financial condition of a debtor, the Secretary may suspend collection activity on a debt when the debtor's future prospects justify retention of the debt for periodic review and collection activity, and:

(1)The applicable statute of limitations has not expired;

(2)Future collection can be effected by administrative offset, notwithstanding the expiration of the applicable statute of limitations for litigation of claims, with due regard to the 10-year limitation for administrative offset prescribed by 31 U.S.C. 3716(e)(1); or

(3)The debtor agrees to pay interest on the amount of the debt on which collection will be suspended, and such suspension is likely to enhance the debtor's ability to pay the full amount of the principal of the debt with interest at a later date.

(c)*Waiver or review.*

(1)The Secretary shall suspend collection activity during the time required for consideration of the debtor's request for waiver or administrative review of the debt if the statute under which the request is sought prohibits the Secretary from collecting the debt during that time.

(2)If the statute under which the waiver or administrative review request is sought does not prohibit collection activity pending consideration of the request, the Secretary may use discretion, on a case-by-case basis, to suspend collection. Collection action ordinarily will be suspended upon a request for waiver or review if the Secretary is prohibited by statute or regulation from issuing a refund of amounts collected prior to agency consideration of the debtor's request. However, collection will not be suspended when the Secretary determines that the request for waiver or review is frivolous or was made primarily to delay collection.

(d)*Bankruptcy.* Upon learning that a bankruptcy petition has been filed with respect to a debtor, in most cases the Secretary must suspend collection activity on the debt, pursuant to the provisions of 11 U.S.C. 362, 1201, and 1301, unless the Secretary can clearly establish that the automatic stay has been lifted or is no longer in effect. The Office of the General Counsel should be contacted immediately for legal advice, and the Secretary will take the necessary legal steps to ensure that no funds or money are paid by the Department to the debtor until relief from the automatic stay is obtained. § 30.30 Termination of collection activity.

(a)The Secretary may terminate collection activity when:

(1)The Department is unable to collect any substantial amount through its own efforts or through the efforts of others;

(2)The Department is unable to locate the debtor;

(3)Costs of collection are anticipated to exceed the amount recoverable;

(4)The debt is legally without merit or enforcement of the debt is barred by any applicable statute of limitations;

(5)The debt cannot be substantiated; or

(6)The debt against the debtor has been discharged in bankruptcy. (b)(1) Collection activity will not be terminated before the Secretary has pursued all appropriate means of collection and determined, based upon the results of the collection activity, that the debt is uncollectible.

(2)Termination of collection activity ceases active collection of the debt. The termination of collection activity does not preclude the Secretary from retaining a record of the account for purposes of:

(i)Selling the debt, if the Secretary of the Treasury determines that such sale is in the best interest of the United States;

(ii)Pursuing collection at a subsequent date in the event there is a change in the debtor's status or a new collection tool becomes available;

(iii)Offsetting against future income or assets not available at the time of termination of collection activity; or

(iv)Screening future applicants for prior indebtedness.

(c)Generally, the Secretary shall terminate collection activity on a debt that has been discharged in bankruptcy, regardless of the amount. The Secretary may continue collection activity, however, subject to the provisions of the Bankruptcy Code, for any payments provided under a plan of reorganization. Offset and recoupment rights may survive the discharge of the debtor in bankruptcy and, under some circumstances, claims also may survive the discharge. For example, when the Department is a known creditor of a debtor the claims of the Department may survive a discharge if the Department did not receive formal notice of the bankruptcy proceedings. When the Department believes that it has claims or offsets that may have survived the discharge of the debtor, the Office of the General Counsel should be contacted for legal advice. § 30.31 Exception to termination. When a significant enforcement policy is involved, or recovery of a judgment is a prerequisite to the imposition of administrative sanctions, the Secretary may refer debts to Justice for litigation even though termination of collection activity may otherwise be appropriate. § 30.32 Discharge of indebtedness; reporting requirements. (a)(1) Before discharging a delinquent debt, also referred to as close out of the debt, the Secretary shall take all appropriate steps to collect the debt in accordance with 31 U.S.C. 3711(g)(9), and parts 30 through 33 of this chapter, including, as applicable, administrative offset; tax refund offset; Federal salary offset; credit bureau reporting; administrative wage garnishment; litigation; foreclosure; and referral to Treasury, Treasury-designated debt collection centers, or private collection contractors.

(2)Discharge of indebtedness is distinct from termination or suspension of collection activity under this subpart, and is governed by the Internal Revenue Code. When collection action on a debt is suspended or terminated, the debt remains delinquent and further collection action may be pursued at a later date in accordance with the standards set forth in this part and 31 CFR parts 900 through 904.

(3)When the Department discharges a debt in full or in part, further collection action is prohibited. Therefore, before discharging a debt, the Secretary must:

(i)Make the determination that collection action is no longer warranted; and

(ii)Terminate debt collection action.

(b)In accordance with 31 U.S.C. 3711(i), the Secretary shall use competitive procedures to sell a delinquent debt upon termination of collection action if the Secretary of the Treasury determines such a sale is in the best interests of the United States. Since the discharge of a debt precludes any further collection action, including the sale of a delinquent debt, the Secretary may not discharge a debt until the requirements of 31 U.S.C. 3711(i) have been meet.

(c)Upon discharge of an indebtedness, the Secretary must report the discharge to the IRS in accordance with the requirements of 26 U.S.C. 6050P and 26 CFR 1.6050P-1. The Secretary may request that Treasury or Treasury-designated debt collection centers file such a discharge report to the IRS on the Department's behalf.

(d)When discharging a debt, the Secretary must request that litigation counsel release any liens of record securing the debt. Subpart E—Referrals to the Department of Justice § 30.33 Prompt referral. (a)(1) The Secretary promptly shall refer to Justice for litigation debts on which aggressive collection activity has been taken in accordance with subpart B of this part, and that cannot be compromised, or on which collection activity cannot be suspended or terminated, in accordance with subpart D of this part.

(2)The Secretary may refer to Justice for litigation those debts arising out of activities of, or referred or transferred for collection services to, the Department. (b)(1) Debts for which the principal amount is over $1,000,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs shall be referred to the Civil Division or other division responsible for litigating such debts at the Department of Justice, Washington DC.

(2)Debts for which the principal amount is $1,000,000 or less, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs shall be referred to the Nationwide Central Intake Facility at Justice as required by the CCLR instructions. (c)(1) Consistent with aggressive agency collection activity and the standards contained in this part and 31 CFR parts 900 through 904, debts shall be referred to Justice as early as possible, and, in any event, well within the period for initiating timely lawsuits against the debtors.

(2)The Secretary shall make every effort to refer delinquent debts to Justice for litigation within one year of the date such debts last became delinquent. In the case of guaranteed or insured loans, the Secretary will make every effort to refer these delinquent debts to Justice for litigation within one year from the date the loan was presented to the Department for payment or re-insurance.

(d)Justice has exclusive jurisdiction over debts referred to it pursuant to this subpart. Upon referral of a debt to Justice, the Secretary shall:

(1)Immediately terminate the use of any administrative collection activities to collect the debt;

(2)Advise Justice of the collection activities utilized to date, and their result; and

(3)Refrain from having any contact with the debtor and direct all debtor inquiries concerning the debt to Justice.

(e)After referral of a debt under this subpart, the Secretary shall immediately notify the Department of Justice of any payments credited by the Department to the debtor's account. Pursuant to 31 CFR 904.1(b), after referral of the debt under this subpart, Justice shall notify the Secretary of any payment received from the debtor. § 30.34 Claims Collection Litigation Report. (a)(1) Unless excepted by Justice, the Secretary will complete the CCLR, accompanied by a signed Certificate of Indebtedness, to refer all administratively uncollectible claims to the Department of Justice for litigation.

(2)The Secretary shall complete all of the sections of the CCLR appropriate to each debt as required by the CCLR instructions, and furnish such other information as may be required in specific cases.

(b)The Secretary shall indicate clearly on the CCLR the actions that the Department wishes Justice to take with respect to the referred debt. The Secretary may indicate specifically any of a number of litigation activities which Justice may pursue, including enforced collection, judgement lien only, renew judgement lien only, renew judgement lien and enforced collection, program enforcement, foreclosure only, and foreclosure and deficiency judgment.

(c)The Secretary also shall use the CCLR to refer a debt to Justice for the purpose of obtaining approval of a proposal to compromise the debt, or to suspend or terminate administrative collection activity of the debt. § 30.35 Preservation of evidence. The Secretary will maintain and preserve all files and records that may be needed by Justice to prove the Department's claim in court. When referring debts to Justice for litigation, certified copies of the documents that form the basis for the claim should be provided along with the CCLR. Upon its request, the original documents will be provided to Justice. § 30.36 Minimum amount of referrals.

(a)Except as in paragraph

(b)of this section, claims of less than $2,500 exclusive of interest, penalties, and administrative costs, or such other amount as the Attorney General may prescribe, shall not be referred for litigation.

(b)The Secretary shall not refer claims of less than the minimum amount unless:

(1)Litigation to collect such smaller amount is important to ensure compliance with the policies and programs of the Department;

(2)The claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. 3201 and returned to the Department for enforcement; or

(3)The debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under State and Federal law and the judicial remedies available to the Government.

(c)The Secretary should consult with the Financial Litigation Staff of the Executive Office for United States Attorneys in Justice prior to referring claims valued at less than the minimum amount. Dated: November 27, 2006. Michael O. Leavitt, Secretary. Editorial Note: This document was received at the Office of the Federal Register on March 2, 2007. [FR Doc. E7-4002 Filed 3-7-07; 8:45 am] BILLING CODE 4150-26-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Part 33 RIN 0991-AB19 Salary Offset AGENCY: Department of Health and Human Services. ACTION: Final rule. SUMMARY: The Department of Health and Human Services

(HHS)adds specific rules concerning involuntary salary offset by adding a new part 33 to title 45 CFR. The rule implements 5 U.S.C. 5514, as amended by the salary offset provisions of the Debt Collection Improvement Act of 1996 (DCIA), as implemented by the Office of Personnel Management at 5 CFR part 550, subpart K. Involuntary salary offset was previously included in the Department's more general claims collection regulations at 45 CFR part 30. DATES: *Effective Date:* March 8, 2007. FOR FURTHER INFORMATION CONTACT: Jeffrey S. Davis, Associate General Counsel, General Law Division, Office of the General Counsel, Department of Health and Human Services, Room 4760 Cohen Building, 330 Independence Avenue, SW., Washington, DC 20201. SUPPLEMENTARY INFORMATION: Background Current HHS regulations at 45 CFR part 30 provide standards and procedures for the collection and disposition of debts owed the United States, including collection by administrative offset. Standards and procedures for collection of debts from the current pay of federal employees by involuntary salary offset had been included in the administrative offset provisions of part 30. Those regulations, which this final rule replaces, are based on the Debt Collection Act of 1982 (DCA), Public Law No. 97-365, and were implemented on a government-wide basis by the Federal Claims Collection Standards (FCCS), set forth at 4 CFR part 101, issued by the Department of Justice and General Accounting Office on March 9, 1984 (49 FR 8889 (1984)), and the salary offset regulations set forth at 5 CFR part 550, subpart K, issued by the Office of Personnel Management on July 3, 1984 (49 FR 27472). The current HHS rules are in the process of being amended to comply with the Debt Collection Improvement Act of 1996 (DCIA), Public Law No. 104-134, as implemented by the Department of Treasury and the Department of Justice at 31 CFR 900-904. Since there are specific rules that apply to salary offset that go beyond those applicable to administrative offset generally, and because salary offset has a separate statutory basis, the Department takes this opportunity to segregate the salary offset provisions and provide separate guidance to specifically address the standards and procedures applicable to salary offset. Basic Provisions This rule prescribes the Department's standards and procedures for the collection of debts owed by Federal employees to the United States through involuntary salary offset, including changes made by the DCIA. Briefly, such changes provide for centralized computer matching through the Department of Treasury, an exclusion from the prior notice and hearing requirements for certain pay adjustments, and a priority for Federal tax levies. This regulation is inapplicable to U.S. Public Health Service Commissioned Corps officers and retirees, as, pursuant to 37 U.S.C. 1001, the U.S. Public Health Service Commissioned Corps follows regulations relating to active duty and retired pay and allowances, including the collection of indebtedness, set forth in the Department of Defense Financial Management Regulation, DOD 7000.14-R. Authority: 5 U.S.C. 5514 This rule was published as a proposed rule on July 13, 2004 (69 FR 42022) and provided for a 60-day comment period ending on September 13, 2004. We received no comments concerning the proposed rule and are finalizing the rule as proposed with only minor clarifying changes to § 33.10. In § 33.10(b), we clarify that the employee can agree in writing to a greater deduction, as outlined in § 33.8. In § 33.10(c)(2), we inserted the word “deemed” in front of “financially unable to pay.” Reporting and Recordkeeping Requirements For purposes of the Paperwork Reduction Act, 44 U.S.C. chapter 35, this rule will impose no new reporting or recordkeeping requirements on any member of the public. Economic Impact We have examined the impact of this rule as required by Executive Order

(EO)12866 (September 1993, Regulatory Planning and Review), as amended by EO 13258 (February 2002, Amending EO 12866 on Regulatory Planning and Review), the Regulatory Flexibility Act

(RFA)(September 19, 1980; Pub. L. No. 96-354); the Unfunded Mandated Reform Act of 1995 (UMRA, Pub. L. No. 104-4); and EO 13132 (August 1999, Federalism). EO 12866, as amended by EO 13258, directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize the benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects ($100 million or more in 1 year). We have determined that the rule is consistent with the principals set forth in the EO, and we find that the rule would not have an effect on the economy that exceeds $100 million in any one year. In addition, this rule is not a major rule as defined at 5 U.S.C. 804(2). In accordance with the provisions of the EO, the rule has been reviewed by the Office of Management and Budget. Under the RFA, 5 U.S.C. 605(b), if a rule has a significant impact on a substantial number of small entities, an agency must analyze regulatory options that would minimize any significant impact of the rule on small entities and determined it will not have any effect. This rule only affects Federal employees. The agency has considered the effect that this rule would have on small entities. I hereby certify, under 5 U.S.C 605(b), that the rule will not have a significant economic impact on a substantial number of small entities, including small businesses, small organizations and small local governments. Therefore, a regulatory flexibility analysis is not required by 5 U.S.C. 603. Section 202 of the UMRA also requires that agencies assess anticipated costs and benefits before issuing any rule that may result in expenditure in any one year by State, local, or tribunal governments, in the aggregate, or by the private sector, of $100 million. As noted above, we find that the rule would not have an effect of this magnitude on the economy. Therefore, no further analysis is required under the UMRA. EO 13132 establishes certain requirements that an agency must meet when it promulgates a final rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. We have reviewed the rule under the threshold criteria of EO 13132 and have determined that this proposed rule would not have substantial direct impact on States, or on the distribution of power and responsibilities among the various levels of government. As there are no federalism implications, a federalism impact statement is not required. Alternatives Considered Title 5 CFR part 550, subpart K, provides the standards to be used by Federal agencies to prepare regulations implementing 5 U.S.C. 5514. There is little room for us to consider alternatives, but where the Department has discretion (i.e., in § 33.1, specifying that the regulations cover Government-wide collections and in § 33.6, specifying that if the petition for hearing is untimely, the Secretary may grant the request if the employee can establish that the delay was the result of circumstances beyond the employee's control, or that the employee failed to receive actual notice of the filing deadline), we drafted the rule to maximize the Department's debt collection ability and make the process fair as possible to debtors. These regulations were submitted to the Office of Personnel Management for review prior to publication of this final rule, as required by 5 CFR part 550, subpart K. List of Subjects in 45 CFR Part 33 Administrative practice and procedure, Claims, Debts, Claims, Debt collection, Hearings, Wages, Salary offset, and Government employees. For the reasons set forth in the preamble, HHS adds 45 CFR part 33 as follows: PART 33—SALARY OFFSET Sec. 33.1 Purpose, authority, and scope. 33.2 Definitions. 33.3 General rule. 33.4 Notice requirements before offset. 33.5 Review of department records relating to the debt. 33.6 Hearings. 33.7 Obtaining the services of a hearing official. 33.8 Voluntary repayment agreement in lieu of salary offset. 33.9 Special review. 33.10 Procedures for salary offset. 33.11 Salary offset when the Department is the creditor agency but not the paying agency. 33.12 Salary offset when the Department is the paying agency but not the creditor agency. 33.13 Interest, penalties, and administrative costs. 33.14 Non-waiver of rights. 33.15 Refunds. 33.16 Additional administrative collection. Authority: 5 U.S.C. 5514; 5 CFR Part 550, Subpart K. § 33.1 Purpose, authority, and scope.

(a)*Purpose.* This part prescribes the Department's standards and procedures for the collection of debts owed by Federal employees to the United States through involuntary salary offset.

(b)*Authority.* 5 U.S.C. 5514; 5 CFR Part 550, subpart K.

(c)*Scope.*

(1)This part applies to internal and Government-wide collections of debts owed by Federal employees by administrative offset from the current pay account of the debtor without his or her consent.

(2)The procedures contained in this part do not apply to any case where an employee consents to collection through deduction(s) from the employee's pay account, or to debts arising under the Internal Revenue Code or the tariff laws of the United States, or where another statute explicitly provides for, or prohibits, collection of a debt by salary offset (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108).

(3)This part does not preclude an employee from requesting waiver of an erroneous payment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt, in the manner prescribed by the Secretary. Similarly, this part does not preclude an employee from requesting waiver of the collection of a debt under any other applicable statutory authority.

(4)Nothing in this part precludes the compromise of the debt, or the suspension or termination of collection actions, in accordance with part 30 of this title. § 33.2 Definitions. In this part— *Administrative offset* 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. *Agency* means an executive department or agency; a military department; the United States Postal Service; the Postal Rate Commission; the United States Senate; the United States House of Representatives; and court, court administrative office, or instrumentality in the judicial or legislative branches of the Government; or a Government Corporation. *Creditor agency* means the agency to which the debt is owed, including a debt collection center when acting on behalf of a creditor agency in matters pertaining to the collection of a debt. *Day* means calendar day. For purposes of computation, the last day of the period will be included unless it is a Saturday, Sunday, or a Federal holiday, in which case the next business day will be considered the last day of the period. *Debt* means an amount determined by an appropriate official to be owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources. *Debt collection center* means the Department of the Treasury or other Government agency or division designated by the Secretary of the Treasury with authority to collect debts on behalf of creditor agencies in accordance with 31 U.S.C. 3711(g). *Debtor* means a Federal employee who owes a debt to the United States. *Delinquent debt* means a debt which the debtor does not pay or otherwise resolve by the date specified in the initial demand for payment, or in an applicable written repayment agreement or other instrument, including a post-delinquency repayment agreement. *Department* means the Department of Health and Human Services, its Staff Divisions, Operating Divisions, and Regional Offices. *Disposable pay* means that part of the debtor's current basic, special, incentive, retired, and retainer pay, or other authorized pay, remaining after deduction of amounts required by law to be withheld. For purposes of calculating disposable pay, legally required deductions that must be applied first include: Tax levies pursuant to the Internal Revenue Code (title 26, United States Code); properly withheld taxes, FICA, Medicare; health and life insurance premiums; and retirement contributions. Amounts deducted under garnishment orders, including child support garnishment orders, are not legally required deductions for calculating disposable pay. *Employee* means any individual currently employed by an agency, as defined in this section, including seasonal and temporary employees and current members of the Armed Forces or a Reserve of the Armed Forces (Reserves). *Evidence of service* means information retained by the Department indicating the nature of the document to which it pertains, the date of mailing the document, and the address and name of the debtor to whom it is being sent. A copy of the dated and signed written notice of intent to offset provided to the debtor pursuant to this part may be considered evidence of service for purposes of this part. Evidence of service may be retained electronically so long as the manner of retention is sufficient for evidentiary purposes. *Hearing* means a review of the documentary evidence to confirm the existence or amount of a debt or the terms of a repayment schedule. If the Secretary determines that the issues in dispute cannot be resolved by such a review, such as when the validity of the claim turns on the issue of credibility or veracity, the Secretary may provide an oral hearing. *Hearing official* means a Departmental Appeals Board administrative law judge or appropriate alternate as outlined in § 33.7(a)(2). *Paying agency* means the agency employing the individual and authorizing the payment of his or her current pay. *Salary offset* means an administrative offset to collect a debt under 5 U.S.C. 5514 owed by a federal employee through deductions at one or more officially established pay intervals from the current pay account of the employee without his or her consent. *Secretary* means the Secretary of Health and Human Services, or the Secretary's designee within any Staff Division, Operating Division or Regional Office. *Waiver* means the cancellation, remission, forgiveness, or non-recovery of a debt owed by an employee to this Department or another agency as required or permitted by 5 U.S.C. 5584, 8346(b), 10 U.S.C. 2774, 32 U.S.C. 716, or any other law. § 33.3 General rule.

(a)Whenever a delinquent debt is owed to the Department by an employee, the Secretary may, subject to paragraphs

(b)through

(d)of this section, involuntarily offset the amount of the debt from the employee's disposable pay.

(b)Unless provided by another statute pertaining to a particular type of debt (e.g., 42 U.S.C. 292r, Health professionals education, 42 U.S.C. 297b, Nurse education), the Department may not initiate salary offset to collect a debt more than 10 years after the Government's right to collect the debt first accrued, unless facts material to the Government's right to collect the debt were not known and could not reasonably have been known by the official or officials of the Government who were charged with the responsibility to discover and collect such debts.

(c)Except as provided in paragraph

(d)of this section, prior to initiating collection through salary offset under this part, the Secretary must first provide the employee with the following:

(1)Written notice of intent to offset as described in § 33.4; and

(2)An opportunity to petition for a hearing, and, if a hearing is provided, to receive a written decision from the hearing official within 60 days on the following issues:

(i)The determination of the Department concerning the existence or amount of the debt; and

(ii)The repayment schedule, unless it was established by written agreement between the employee and Department.

(d)The provisions of paragraph

(c)of this section do not apply to:

(1)Any adjustment to pay arising out of an employee's election of coverage or a change in coverage under a federal benefits program requiring periodic deduction from pay, if the amount to be recovered was accumulated over four pay periods or less;

(2)A routine intra-agency adjustment of pay that is made to correct an overpayment of pay attributable to clerical or administrative errors or delays in processing pay documents, if the overpayment occurred within the four pay periods preceding the adjustment and, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and point of contact for contesting such adjustment; or

(3)Any adjustment to collect a debt amounting to $50 or less, if, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. § 33.4 Notice requirements before offset.

(a)At least 30 days before the initiation of salary offset under this part, the Secretary shall mail, by first class mail, to the employee's last known address, a written notice informing the debtor of the following:

(1)The Secretary has reviewed the records relating to the debt and has determined that a debt is owed, the amount of the debt, and the facts giving rise to the debt;

(2)The Secretary's intention to collect the debt by means of deduction from the employee's current disposable pay account until the debt and all accumulated interest, penalties, and administrative costs are paid in full;

(3)The amount, stated either as a fixed dollar amount or as a percentage of pay not to exceed 15 percent of disposable pay, the frequency, the commencement date, and the duration of the intended deductions;

(4)An explanation of the Department's policies concerning the assessment of interest, penalties, and administrative costs, stating that such assessments must be made unless waived in accordance with 31 CFR 901.9 and § 30.18 of this title;

(5)The employee's right to inspect and copy all records of the Department pertaining to the debt or, if the employee or the employee's representative cannot personally inspect the records, to request and receive copies of such records;

(6)If not previously provided, the opportunity to establish a schedule for the voluntary repayment of the debt through offset, or to enter into an agreement to establish a schedule for repayment of the debt in lieu of offset, provided the agreement is in writing, signed by both the employee and the Department, and documented in the Department's files;

(7)The right to a hearing conducted by an impartial hearing official with respect to the existence and amount of the debt, or the repayment schedule, so long as a petition is filed by the employee as prescribed in § 33.6;

(8)Time limitations and other procedures or conditions for inspecting Department records pertaining to the debt, establishing an alternative repayment agreement, and requesting a hearing;

(9)The name, address, and telephone number of the person or office within the Department who may be contacted concerning the procedures for inspecting Department records, establishing an alternative repayment agreement, and requesting a hearing;

(10)The name and address of the office within the Department to which the petition for a hearing should be sent, which generally will be the Operating Division or Staff Division responsible for collecting the debt;

(11)A timely and properly filed petition for a hearing will stay the commencement of the collection proceeding;

(12)The Department will initiate action to effect salary offset not less than 30 days from the date of mailing the notice of intent, unless the employee properly files a timely petition for a hearing,

(13)A final decision on a hearing, if one is requested, will be issued at the earliest practical date, but not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official grants a delay in the proceeding;

(14)Knowingly false or frivolous statements, representations or evidence may subject the employee to:

(i)Disciplinary procedures appropriate under chapter 75 of title 5, United States Code; part 752 of title 5, Code of Federal Regulations; or any other applicable statutes or regulations;

(ii)Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or under any other applicable statutory authority; and

(iii)Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or under any other applicable statutory authority;

(15)Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made;

(16)Unless there are applicable contractual or statutory provisions to the contrary, amounts paid on or deducted for the debt, which are later waived or found not owed to the United States, will be promptly refunded to the employee; and

(17)Proceedings with respect to such debt are governed by 5 U.S.C. 5514.

(b)The Secretary will retain evidence of service indicating the date of mailing of the notice. § 33.5 Review of department records relating to the debt.

(a)To inspect or copy Department records relating to the debt, the employee must send a written request to the Department official or office designated in the notice of intent to offset stating his or her intention. The written request must be received by the Department within 15 days from the employee's receipt of the notice.

(b)In response to a timely request as described in paragraph

(a)of this section, the designated Department official shall notify the employee of the location and time when the employee may inspect and copy such records. If the employee or employee's representative is unable to personally inspect such records as the result of geographical or other constraints, the Department shall arrange to send copies of such records to the employee. § 33.6 Hearings.

(a)*Petitions for hearing.*

(1)To request a hearing concerning the existence or amount of the debt or the offset schedule established by the Department, the employee must send a written petition to the office designated in the notice of intent to offset, see § 33.4(a)(10), within 15 days of receipt of the notice.

(2)The petition must:

(i)Be signed by the employee;

(ii)Fully identify and explain with reasonable specificity all the facts, evidence, and witnesses, if any, that the employee believes support his or her position; and

(iii)Specify whether an oral or paper hearing is requested. If an oral hearing is requested, the request should explain why the matter cannot be resolved by review of the documentary evidence alone.

(3)The timely filing of a petition for hearing shall stay any further collection proceedings.

(b)*Failure to timely request.*

(1)If the petition for hearing is filed after the 15-day period provided for in paragraph (a)(1) of this section, the Secretary may grant the request if the employee can establish that the delay was the result of circumstances beyond the employee's control, or that the employee failed to receive actual notice of the filing deadline.

(2)An employee waives the right to a hearing, and will have his or her disposable pay offset in accordance with the offset schedule established by the Department, if the employee:

(i)Fails to file a timely request for a hearing, unless such failure is excused; or

(ii)Fails to appear at an oral hearing, of which the employee was notified, unless the hearing official determines that the failure to appear was due to circumstances beyond the employee's control.

(c)*Form of hearings.*

(1)General. After the employee requests a hearing, the hearing official shall notify the employee of the form of the hearing to be provided. If the hearing will be oral, the notice shall set forth the date, time, and location of the hearing. If the hearing will be a review of the written record, the employee shall be notified that he or she should submit evidence and arguments in writing to the hearing official by a specified date, after which the record shall be closed. The date specified shall give the employee reasonable time to submit documentation.

(2)*Oral hearing.* An employee who requests an oral hearing shall be provided an oral hearing if the hearing official determines that the matter cannot be resolved by review of documentary evidence alone because an issue of credibility or veracity is involved. Where an oral hearing is appropriate, the hearing is not an adversarial adjudication and need not take the form of an evidentiary hearing, i.e., the rules of evidence need not apply. *Oral hearings may take the form of, but are not limited to:*

(i)Informal conferences with the hearing official in which the employee and agency representative will be given full opportunity to present evidence, witnesses, and arguments;

(ii)Informal meetings in which the hearing official interviews the employee; or

(iii)Formal written submissions with an opportunity for oral presentations.

(3)*Paper hearing.* If the hearing official determines that an oral hearing is not necessary, the hearing official will make the determination based upon a review of the available written record.

(4)*Record.* The hearing official shall maintain a summary record of any hearing conducted under this part. Witnesses who testify in oral hearings will do so under oath or affirmation.

(d)*Written decision.*

(1)Date of decision. The hearing officer shall issue a written opinion stating his or her decision, based upon documentary evidence and information developed at the hearing, as soon as practicable after the hearing, but not later than sixty

(60)days after the date on which the hearing petition was received by the creditor agency, unless the employee requested a delay in the proceedings, in which case the 60-day decision period shall be extended by the number of days by which the hearing was postponed. The recipient of an employee's request for a hearing must forward the request expeditiously to the Departmental Appeals Board so as to not jeopardize the Boards's ability to issue a decision within this 60-day period.

(2)*Content of decision.* The written decision shall include:

(i)A statement of the facts presented to support the origin, nature, and amount of the debt;

(ii)The hearing official's findings, analysis, and conclusions, including a determination whether the employee's petition for hearing was baseless and resulted from an intent to delay creditor agency collection activity; and

(iii)The terms of any repayment schedule, if applicable.

(e)*Failure to appear.* In the absence of good cause shown, an employee who fails to appear at a hearing shall be deemed, for the purpose of this part, to admit the existence and amount of the debt as described in the notice of intent. If the representative of the creditor agency fails to appear, the hearing official shall proceed with the hearing as scheduled and make a determination based upon oral testimony presented and the documentary evidence submitted by both parties. With the agreement of both parties, the hearing official shall schedule a new hearing date, and both parties shall be given reasonable notice of the time and place of the new hearing. § 33.7 Obtaining the services of a hearing official. (a)(1) When the Department is the creditor agency, the office designated in § 33.4(a)(10) shall schedule a hearing, if one is requested by an employee, before a hearing official.

(2)When the Department cannot provide a prompt and appropriate hearing before an administrative law judge or a hearing official furnished pursuant to another lawful arrangement, the office designated in § 33.4(a)(10) may:

(i)When the debtor is not an employee of the Department, contact an agent of the employee's paying agency designated in 5 CFR part 581, Appendix A, to arrange for a hearing official; or

(ii)When the debtor is an employee of the Department, contact an agent of any agency designated in 5 CFR part 581, Appendix A, to arrange for a hearing official. (b)(1) When another agency is the creditor agency, it is the responsibility of that agency to arrange for a hearing if one is requested. The Department will provide a hearing official upon the request of a creditor agency when the debtor is employed by the Department and the creditor agency cannot provide a prompt and appropriate hearing before a hearing official furnished pursuant to another lawful arrangement.

(2)Services rendered to a creditor agency under paragraph (b)(1) of this section will be provided on a fully reimbursable basis pursuant to the Economy Act of 1932, as amended, 31 U.S.C. 1535.

(c)The determination of a hearing official designated under this section is considered to be an official certification regarding the existence and amount of the debt for purposes of executing salary offset under 5 U.S.C. 5514 and this part. A creditor agency may make a certification to the Secretary of the Treasury under 5 CFR 550.1108 or a paying agency under 5 CFR 550.1109 regarding the existence and amount of the debt based on the certification of a hearing official. If a hearing official determines that a debt may not be collected via salary offset, but the creditor agency finds that the debt is still valid, the creditor agency may still seek collection of the debt through other means, such as offset of other Federal payments or litigation. § 33.8 Voluntary repayment agreement in lieu of salary offset. (a)(1) In response to the notice of intent to offset, the employee may propose to establish an alternative schedule for the voluntary repayment of the debt by submitting a written request to the Department official designated in the notice of intent to offset. An employee who wishes to repay the debt without salary offset shall also submit a proposed written repayment agreement. The proposal shall admit the existence of the debt, and the agreement must be in such form that it is legally enforceable. The agreement must:

(i)Be in writing;

(ii)Be signed by both the employee and the Department;

(iii)Specify all the terms of the arrangement for payment; and

(iv)Contain a provision accelerating the debt in the event of default by the employee, but such an increase may not result in a deduction that exceeds 15 percent of the employee's disposable pay unless the employee has agreed in writing to deduction of a greater amount.

(2)Any proposal under paragraph (a)(1) of this section must be received by the Department within 30 days of the date of the notice of intent to offset.

(b)In response to a timely request as described in paragraph

(a)of this section, the designated Department official shall notify the employee whether the proposed repayment schedule is acceptable. It is within the Secretary's discretion to accept a proposed alternative repayment schedule, and to set the necessary terms of a voluntary repayment agreement.

(c)No voluntary repayment agreement will be binding on the Secretary unless it is in writing and signed by both the Secretary and the employee. § 33.9 Special review.

(a)A Department employee subject to salary offset or a voluntary repayment agreement may, at any time, request a special review by the Secretary of the amount of the salary offset or voluntary repayment installments, based on materially changed circumstances, such as, but not limited to, catastrophic illness, divorce, death, or disability. (b)(1) In determining whether an offset would prevent the employee from meeting essential subsistence expenses, e.g., food, housing, clothing, transportation, and medical care, the employee shall submit a detailed statement and supporting documents for the employee, his or her spouse, and dependents indicating:

(i)Income from all sources;

(ii)Assets and liabilities;

(iii)Number of dependents;

(iv)Food, housing, clothing, transportation, and medical expenses; and

(v)Exceptional and unusual expenses, if any.

(2)When requesting a special review under this section, the employee shall file an alternative proposed offset or payment schedule and a statement, with supporting documents as described in paragraph (b)(1) of this section, stating why the current salary offset or payments result in an extreme financial hardship to the employee. (c)(1) The Secretary shall evaluate the statement and supporting documents, and determine whether the original offset or repayment schedule imposes extreme financial hardship on the employee.

(2)Within 30 calendar days of the receipt of the request and supporting documents, the Secretary shall notify the employee in writing of such determination, including, if appropriate, a revised offset or repayment schedule.

(d)If the special review results in a revised offset or repayment schedule, the Secretary shall provide a new certification to the paying agency. § 33.10 Procedures for salary offset.

(a)*Method and source of deductions.* Unless the employee and the Secretary have agreed to an alternative repayment arrangement under § 33.8, a debt shall be collected in lump sum or by installment deductions at officially established pay intervals from an employee's current pay account.

(b)*Limitation on amount of deduction.* Ordinarily, the size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. However, the amount deducted for any pay period must not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount, as outlined in § 33.8.

(c)*Duration of deductions.*

(1)Lump sum. If the amount of the debt is equal to or less than 15 percent of the employee's disposable pay for an officially established pay interval, the debt generally will be collected in one lump-sum deduction.

(2)If the employee is deemed financially unable to pay in one lump-sum or the amount of the debt exceeds 15 percent of the employee's disposable pay for an officially established pay interval, the debt shall be collected in installments. Except as provided in paragraphs

(e)and

(f)of this section, installment deductions must be made over a period not greater than the anticipated period of active duty or employment.

(d)*When deductions may begin.*

(1)Deductions will begin on the date stated in the notice of intent, unless an alternative repayment agreement under § 33.8 has been accepted or the employee has filed a timely request for a hearing.

(2)If the employee files a timely petition for hearing as provided in § 33.6, deductions will begin after the hearing official has provided the employee with a hearing and a final written decision has been rendered in favor of the Department.

(e)*Liquidation from final check.* If an employee retires, resigns, or the period of employment ends before collection of the debt is completed, the remainder of the debt will be offset under 31 U.S.C. 3716 from subsequent payments of any nature (e.g., final salary payment or lump-sum leave) due the employee from the paying agency as of the date of separation.

(f)*Recovery from other payments due a separated employee.* If the debt cannot be satisfied by offset from any final payment due the employee on the date of separation, the Secretary will liquidate the debt, where appropriate, by administrative offset under 31 U.S.C. 3716 from later payments of any kind due the former employee (e.g., lump sum leave payment). § 33.11 Salary offset when the Department is the creditor agency but not the paying agency.

(a)*Centralized administrative offset.*

(1)Under 31 U.S.C. 3716, the Department shall notify the Secretary of the Treasury of all past-due, legally enforceable debts which are 180 days delinquent for purposes of collection by centralized administrative offset. This includes debts which the Department seeks to recover from the pay account of an employee of another agency via salary offset. The Secretary of the Treasury and other Federal disbursing officials will match payments, including Federal salary payments, against these debts. Where a match occurs, and all the requirements for offset have been met, the payments will be offset to collect the debt.

(2)Prior to offset of the pay account of an employee, the Department must comply with the requirements of 5 U.S.C. 5514; 5 CFR part 550, subpart K, and this part. Specific procedures for notifying the Secretary of the Treasury of a debt for purposes of collection by administrative offset, including salary offset, are contained in 31 CFR parts 285 and 901 and part 30 of this title.

(b)*Non-centralized administrative offset.* When salary offset through centralized administrative offset under paragraph

(a)of this section is not possible, the Department may attempt to collect a debt through non-centralized administrative offset in accordance with part 30 of this title.

(1)*Format of the request. Upon completion of the procedures established in this part and pursuant to 5 U.S.C. 5514, the Department shall:*

(i)Certify in writing to the paying agency that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the Government's right to collect the debt first accrued, and that the Departmental regulations implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management.

(ii)If the collection is to be made in installments, advise the paying agency of the number of installments to be collected, the amount or percentage of disposable pay to be collected in each installment, and the commencement date of the installments, if a date other than the next officially established pay period is required.

(iii)Unless the employee has consented in writing to the salary deductions or signed a statement acknowledging receipt of the required procedures and this written consent or statement is forwarded to the paying agency, advise the paying agency of the action(s) taken under 5 U.S.C. 5514 and this part, and give the date(s) the action(s) was taken.

(2)*Requesting recovery from current paying agency.*

(i)Except as otherwise provided in this paragraph, the Department shall submit a certified debt claim containing the information specified in paragraph

(a)of this section, and an installment agreement, or other instruction on the payment schedule, if applicable, to the employee's paying agency.

(ii)If the employee is in the process of separating from the Federal Government, the Department shall submit the certified debt claim to the employee's paying agency for collection as provided in § 33.10(e). The paying agency must certify the total amount of its collection on the debt and send a copy of the certification to the employee and another copy to the Department. If the paying agency's collection does not fully satisfy the debt, and the paying agency is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, or other similar payments that may be due the employee from other Federal Government sources, the paying agency will provide written notification of the outstanding debt to the agency responsible for making such payments to the employee, stating the employee owes a debt, the amount of the debt, and that the provisions of this section have been fully complied with. The Department must submit a properly certified claim to the agency responsible for making such payments before the collection can be made.

(iii)If the employee is already separated and all payments due from the employee's former paying agency have been paid, the Department may request, unless otherwise prohibited, that money due and payable to the employee from the Civil Service Retirement and Disability Fund (5 CFR 831.1801 or 5 CFR 845.401) or other similar funds, be administratively offset to collect the debt. See 31 U.S.C. 3716 and 31 CFR 901.3.

(iv)If the employee transfers to another paying agency, the Department must submit a properly certified debt claim to the new paying agency before collection can be resumed; however, the Department need not repeat the due process procedures described in 5 U.S.C. 5514 and this part. The Department shall review the debt to ensure that collection is resumed by the new paying agency. § 33.12 Salary offset when the Department is the paying agency but not the creditor agency.

(a)*Format of the request.*

(1)When the Department is the paying agency and another agency is the creditor agency, the creditor agency must certify, in writing, to the Department that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the Government's right to collect the debt first accrued, and that the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management.

(2)If the collection is to be made in installments, the creditor agency must also advise the Department of the number of installments to be collected, the amount or percentage of disposable pay to be collected in each installment, and the commencement date of the installments, if a date other than the next officially established pay period is required.

(3)Unless the employee has consented in writing to the salary deductions or signed a statement acknowledging receipt of the required procedures and the written consent or statement is forwarded to the Department, the creditor agency must advise the Department of the action(s) taken under 5 U.S.C. § 5514, and give the date(s) the action(s) was taken.

(b)*Requests for recovery.*

(1)Complete claim. When the Department receives a properly certified debt claim from a creditor agency, deductions should be scheduled to begin prospectively at the next officially established pay interval. The employee must receive written notice as described in § 33.10 that the Department has received a certified debt claim from the creditor agency, including the amount, and written notice of the date deductions from salary will commence and the amount of such deductions.

(2)*Incomplete claim.* When the Department receives an incomplete debt claim from a creditor agency, the Secretary shall return the debt claim with a notice that procedures under 5 U.S.C. 5514 and 5 CFR part 550, subpart K, must be provided and a properly certified debt claim received before action will be taken to collect from the employee's current pay account.

(c)*Review.* The Secretary is not required or authorized to review the merits of the determination with respect to the amount or validity of the debt certified by the creditor agency.

(d)*Employees separating.* If an employee begins separation action before the Department collects the total debt due the creditor agency, the following actions will be taken:

(1)To the extent possible, the balance owed the creditor agency will be liquidated from a final salary check, or other final payments of any nature due the employee from the Department;

(2)The Secretary will certify the total amount of the Department's collection on the debt and send a copy of the certification to the employee and another copy to the creditor agency; and

(3)If the Department's collection does not fully satisfy the debt, and the Secretary is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, or other similar payments that may be due the employee from other Federal Government sources, the Secretary will provide written notification of the outstanding debt to the agency responsible for making such payments to the employee. The written notification shall state that the employee owes a debt, the amount of the debt, and that the provisions of this section have been fully complied with. The Department shall furnish a copy of this written notification to the creditor agency so that it can file a properly certified debt claim with the agency responsible for making such payments.

(e)*Employees who transfer to another paying agency.* If, after the creditor agency has submitted a debt claim to the Department, the employee transfers from the Department to a different paying agency before the debt is collected in full, the Secretary shall:

(1)Certify the total amount of the collection made on the debt; and

(2)Furnish a copy of the certification to the employee and another copy to the creditor agency along with notice of the employee's transfer. § 33.13 Interest, penalties, and administrative costs. Debts owed to the Department shall be assessed interest, penalties and administrative costs in accordance with 45 CFR 30.18. § 33.14 Non-waiver of rights. An employee's involuntary payment of all or any portion of a debt collected under this part shall not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of law or contract, unless there are statutory or contractual provisions to the contrary. § 33.15 Refunds.

(a)The Secretary shall promptly refund any amounts paid or deducted under this part when:

(1)A debt is waived or otherwise found not owing to the United States; or

(2)The employee's paying agency is directed by administrative or judicial order to refund amount deducted from the employee's current pay.

(b)Unless required or permitted by law or contract, refunds shall not bear interest. § 33.16 Additional administrative collection action. Nothing contained in this part is intended to preclude the use of any other appropriate administrative remedy. Dated: November 27, 2006. Michael O. Leavitt, Secretary. [FR Doc. E7-4005 Filed 3-7-07; 8:45 am] BILLING CODE 4150-26-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060606150-6240-02; I.D. 030107A] Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Gear Restrictions and Georges Bank Yellowtail Flounder Trip Limits for the U.S./Canada Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; gear restriction, trip limit. SUMMARY: NMFS announces that the Administrator, Northeast

(NE)Region, NMFS (Regional Administrator), is eliminating the haddock separator trawl requirement, which was temporarily implemented on June 19, 2006, for all limited access NE multispecies vessels fishing with trawl gear on a NE multispecies day-at-sea (DAS), and is reducing from 10,000 lb (4,536 kg) to 5,000 lb (2,268 kg) the trip limit for Georges Bank

(GB)yellowtail flounder for all NE multispecies vessels fishing without a haddock separator trawl on a NE multispecies DAS in the Eastern U.S./Canada Area. This temporary reduction in the GB yellowtail flounder trip limit is effective through April 30, 2007. A projection based on available catch and discard information indicates that removal of the haddock separator trawl requirement and establishment of a 5,000-lb (2,268 kg) trip limit for GB yellowtail flounder in the Eastern U.S./Canada Area will help vessels achieve the total allowable catch

(TAC)limits established for the shared U.S./Canada stocks of cod, haddock, and yellowtail flounder while preventing the GB yellowtail flounder TAC from being exceeded before the end of the 2006 fishing year on April 30, 2007. This action is therefore intended to provide increased opportunities to harvest the healthy Eastern GB haddock TAC and maximize the harvest of the GB yellowtail flounder. This action is authorized by the regulations implementing Framework 42 to the NE Multispecies Fishery Management Plan

(FMP)under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective March 5, 2007, through April 30, 2007. FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management Specialist,

(978)281-9145, fax

(978)281-9135. SUPPLEMENTARY INFORMATION: The U.S. portion of the U.S./Canada Area TACs for GB cod, GB haddock, and GB yellowtail flounder for the 2006 fishing year (May 1, 2006-April 30, 2007) were specified at 374 mt, 7,480 mt, and 2,070 mt, respectively, on April 28, 2006 (71 FR 25095). Pursuant to § 648.85(a)(3)(iv)(E), once the available TAC for GB cod, GB haddock, or GB yellowtail flounder is projected to be caught, the Regional Administrator is required to close the Eastern U.S./Canada Area to all NE multispecies DAS vessels for the remainder of the fishing year. The FMP requires trawl vessels issued a valid limited access NE multispecies permit and fishing under a NE multispecies DAS in the Eastern U.S./Canada Area to fish with either a haddock separator trawl or a flounder net. Prohibitions governing the gear requirements for the U.S./Canada Management Area are found at § 648.14(a)(132). The regulations at § 648.85(a)(3)(iv)(D) authorize the Regional Administrator to modify certain measures governing the harvesting of fish from the U.S./Canada Management Area, including gear requirements and trip limits, to prevent over-harvesting or under-harvesting the U.S. portion of the shared U.S./Canada TAC allocations. On June 19, 2006, (71 FR 35199) the Regional Administrator required, on a temporary basis, that all limited access NE multispecies vessels fishing on a NE multispecies DAS with trawl gear in the Eastern U.S./Canada Area use a haddock separator trawl to prevent over-harvesting of the GB cod TAC under the authority granted by the regulations at § 648.85(a)(3)(iv)(D). At that time, based upon Vessel Monitoring System

(VMS)reports and other information available, the Regional Administrator projected that the 2006 Eastern U.S./Canada Area GB cod TAC would be caught before the end of the 2006 fishing year, resulting in the premature closure of the Eastern U.S./Canada Area and the potential under-harvest of the available TACs for GB haddock and GB yellowtail flounder during the 2006 fishing year. Based on that information, the Regional Administrator required that all limited access NE multispecies vessels fishing in the Eastern U.S./Canada Area under a NE multispecies DAS with trawl gear use a haddock separator trawl to reduce catch and discards of GB cod. Based upon recent VMS reports and other available information, the Regional Administrator has projected that the current rates of harvest may result in the under-harvest of the available TACs for GB cod, GB haddock, and GB yellowtail flounder during the 2006 fishing year. Based on this information, effective March 5, 2007, through April 30, 2007, the Regional Administrator is removing the temporary requirement that all limited access NE multispecies vessels fishing in the Eastern U.S./Canada Area under a NE multispecies DAS with trawl gear use a haddock separator trawl. The required use of the haddock separator trawl requires that certain performance incentives (cod 100 lb (45 kg)/DAS up to 1,000 lb (454 kg)/trip; all flounders combined 100 lb (45 kg)/DAS up to 500 lb (227 kg)/trip; yellowtail flounder 25 lb (11 kg)/DAS up to 250 lb (113 kg)/trip; white hake 100 lb (45 kg)/DAS up to 1,000 lb (454 kg)/trip, and all skates combined 500 lb (227 kg)/trip) be adhered to. This requirement has restricted vessels from more fully harvesting the GB yellowtail flounder TAC. Removal of the haddock separator trawl requirement allows vessels to fish with either a haddock separator trawl or a flounder net. NE multispecies vessels may elect to continue using a haddock separator trawl rather than a flounder trawl net, but will be restricted to the gear performance incentives (trip limits) associated with the haddock separator trawl. Vessels electing to fish with a flounder net will be subject to the current trip limits with the exception noted below. The Western U.S./Canada Area is unaffected by this action. To reduce the risk of a derby fishery for GB yellowtail flounder and reduce the likelihood of attaining the GB yellowtail flounder TAC prior to the end of the 2006 fishing year, resulting in the premature closure of the Eastern U.S./Canada Area and potential under-harvest of the GB cod and GB haddock TACs, the Regional Administrator is reducing from 10,000 lb (4,536 kg) to 5,000 lb (2,268 kg) the trip limit for GB yellowtail flounder for all limited access NE multispecies DAS vessels, fishing without a haddock separator trawl, when declaring into the Eastern U.S./Canada Area, effective March 5, 2007, through April 30, 2007. For non-trawl gear vessels, this is a reduction from the current 10,000-lb (4,536-kg) trip limit. Classification This action is authorized by 50 CFR part 648 and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator

(AA)finds good cause to waive prior notice and opportunity for public comment for this action, because notice and comment would be impracticable and contrary to the public interest. The regulations at § 648.85(a)(3)(iv)(D) grant the Regional Administrator the authority to modify gear requirements in the U.S./Canada Management Area and to adjust the GB yellowtail flounder trip limit to prevent over-harvesting or under-harvesting the GB yellowtail flounder TAC allocation. This action would remove the requirement that all NE multispecies DAS vessels fishing with trawl gear use a haddock separator trawl when fishing in the Eastern U.S./Canada Area (i.e., vessels will be allowed the use of a flounder trawl net or a haddock separator trawl net). Removing this restriction will provide additional opportunities to harvest the healthy Eastern GB haddock stock and maximize the harvest of the GB yellowtail flounder TAC specified for the Eastern U.S./Canada Area during the 2006 fishing year. Given that approximately 30 percent of the GB yellowtail flounder TAC remains unharvested and the 2006 fishing year ends on April 30, 2007, the time necessary to provide for prior notice, opportunity for public comment, or delayed effectiveness would prevent the agency from helping to ensure that the 2006 TAC for GB yellowtail flounder will be fully harvested. Reducing the GB yellowtail flounder trip limit from the current 10,000 lb (4,536 kg)/ trip to 5,000 lb (2,268 kg)/ trip for all limited access NE multispecies DAS vessels fishing in the Eastern U.S./Canada Area, when not fishing with a haddock separator trawl, is an ancillary measure necessary to help reduce the incentive for a derby fishery targeting GB yellowtail flounder in the Eastern U.S./Canada Area, and slow the harvest rate of GB cod and GB yellowtail flounder, while still allowing increased access to the relatively abundant Eastern GB haddock stock. Harvesting the GB yellowtail flounder TAC prior to the end of the 2006 fishing year would result in the premature closure of the Eastern U.S./Canada Area and could increase economic and social impacts to the industry beyond those analyzed for Amendment 13, because the full potential revenue from the available GB cod and GB haddock TACs in the U.S./Canada Management Area may not be realized. For the reasons specified above, and because this action relieves a restriction, the AA finds good cause, pursuant to 5 U.S.C. 553(d)(3), to waive the entire 30-day delayed effectiveness period for this action. A delay in the effectiveness of the gear requirement and trip limit modifications in this rule would prevent the agency from achieving a better balance between its obligations to prevent the TACs from being exceeded and facilitating the harvest of fish at a level that approaches optimum yield. Any such delay could lead to the negative impacts to the fishing industry described above. The rate of harvest of the GB yellowtail flounder TAC in the U.S./Canada Management Area is updated weekly on the internet at *http://www.nero.noaa.gov* . Accordingly, the public is able to obtain information that would provide at least some advanced notice of a potential action to provide additional opportunities to the NE multispecies industry to fully harvest the TAC for GB yellowtail flounder during the 2006 fishing year. Further, the potential for this action was considered and open to public comment during the development of Amendment 13 and Framework 42. Therefore, any negative effect the waiving of public comment and delayed effectiveness may have on the public is mitigated by these factors. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 1, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-1067 Filed 3-2-07; 2:56 pm]

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