Unknown. Final special conditions

24,599 words·~112 min read·/register/2007/03/26/07-1454

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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 57 Monday, March 26, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM357; Special Conditions No. 25-347-SC] Special Conditions: Boeing Model 737-900ER series airplanes;

Interaction of Systems and Structures AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: This special condition is issued for the Boeing Model 737-900ER airplane. This airplane will have a novel or unusual design feature(s) associated with the interaction of systems and structures. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. This special condition contains the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES: *Effective Date:* March 19, 2007. FOR FURTHER INFORMATION CONTACT: Todd Martin, Aerospace Engineer, Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-1178; facsimile

(425)227-1232; electronic mail *Todd.Martin@faa.gov.* SUPPLEMENTARY INFORMATION: Background On June 5, 2002, The Boeing Company, PO Box 3707, Seattle, Washington 98124, applied for an amendment to Type Certificate No. A16WE, to include the new Model 737-900ER. The Model 737-900ER, which is a derivative of the Model 737-900 currently approved under A16WE, is a large transport airplane with two flight crew and the capacity to carry 215 passengers. The airplane is powered by two CFMI CFM56-7 series turbofan engines. Type Certification Basis Under the provisions of § 21.101, Boeing must show that the Model 737-900ER meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-108, except for earlier amendments as agreed upon by the FAA. These regulations will be incorporated into the Type Certificate No. A16WE after type certification approval of the 737-900ER. In addition, the certification basis includes other regulations, special conditions and exemptions that are not relevant to this proposed special condition. Refer to Type Certificate No. A16WE for a complete description of the certification basis for this model airplane. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model 737-900ER because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Model 737-900ER must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in § 11.19, they are published for comment under § 11.38, and they become part of the type certification basis under § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features The Model 737-900ER airplane will incorporate novel or unusual design features. This special condition addresses equipment that may affect the airplane's structural performance, either directly or as a result of failure or malfunction. This proposed special condition is identical or nearly identical to those previously required for type certification of other Boeing airplane models. The special condition was derived initially from standardized requirements developed by the Aviation Rulemaking Advisory Committee (ARAC), comprised of representatives of the FAA, Europe's Joint Aviation Authorities (now replaced by the European Aviation Safety Agency), and industry. Discussion In addition to the requirements of part 25, subparts C and D, the following special condition applies: Interaction of Systems and Structures The Boeing Model 737-900ER is equipped with systems that may affect the airplane's structural performance either directly or as a result of failure or malfunction. The effects of these systems on structural performance must be considered in the certification analysis. This analysis must include consideration of normal operation and of failure conditions with required structural strength levels related to the probability of occurrence. Discussion of Comments Notice of proposed special conditions No. 25-06-11-SC for Boeing Model 737-900ER airplanes was published in the **Federal Register** on October 31, 2006 (71 FR 63718). A combined set of comments was received from the United States Air Force and the United States Navy. As noted previously, special conditions are prescribed under the provisions of § 21.16 when current regulations “do not contain adequate or appropriate safety standards * * * because of a novel or unusual design feature.” For several decades, transport category airplanes have employed automatic and electronic flight control systems, including load alleviation systems, flutter suppression systems, and stability augmentation systems. Failures in any of these systems may affect how the airplane will respond to maneuver, gust, and high speed conditions. That is, the loads introduced to the airplane may increase as a result of failures in these systems, or the flutter capability of the airplane may be reduced. Since current regulations do not specify design loads criteria, including a safety factor for system failures, a special condition is needed to address such failures. To address the effects of system failures on the structural and flutter capability of the airplane, the FAA developed a special condition, which has been applied in essentially the same form since 1989, and which is proposed for the Boeing Model 737-900ER. *Comment 1:* The commenters recommended that the proposed special condition not be implemented as a general rule. *FAA response:* At this time we are not implementing the proposed special condition as a general rule. The “Conclusion” section of the proposed special condition (No. 25-06-11-SC) states that “This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability.” We are considering rulemaking to incorporate this special condition into 14 CFR part 25. If we do propose changes to 14 CFR part 25 the public will have the opportunity to comment on that rulemaking action. We have not changed this special condition as a result of this comment. *Comment 2:* The commenters recommended that systems failures be addressed individually and that exceptions to existing standards and rules be reviewed on a case-by-case basis. *FAA response:* We do not agree with this recommendation. Although the proposed special condition allows the use of safety factors of less than 1.5, we do not regard this as an exception to the current regulation. The current CFR regulation does not specify design loads criteria, including a safety factor, for system failures. This is why special conditions are needed. We have not changed this special condition as a result of this comment. *Comment 3:* The commenters noted that Figure 1 in the proposed special condition, which is a plot of safety factor versus failure probability, shows that for failure occurrences more frequent than 10 -5 per flight hour, the factor of safety is equal to 1.5 and cannot be reduced. However, the text of the proposed rule indicates in several places that this probability threshold is 10 -3 . *FAA response:* We infer that the commenters are suggesting there are errors in the proposed special condition and that the text should be revised to change the 10 -3 references to 10 -5 . We do not agree that the references to 10 -3 in the text are errors. The three references to 10 -3 in the text of the proposed special condition do not apply to Figure 1. The first two references to the 10 -3 probability threshold are notes that apply only to Figures 2 and 3 of the proposed special condition. The third reference to 10 -3 applies to subsequent failures following dispatch with a known failure. We have not changed this special condition as a result of this comment. *Comment 4:* The commenters are concerned that the definition of the term “Q j = Probability of being in a failure condition,” is too vague and that the probability of being in a failure mode has to be more clearly defined to avoid potential loopholes. The term appears in the proposed special condition as follows: “Q j = Probability of being in a failure condition, which is defined as P j = Probability of failure occurrence multiplied by T j = Average time spent in failure condition.” The concern is that an artificially low value of T j would result in an inappropriate value of Q j . As an example, for a spoiler failure on landing approach, the Q j variable would be very small since you only spend a few minutes in that condition. *FAA response:* We believe that the definitions of probability and exposure time are sufficiently clear, and that their use is appropriate in this special condition. The term T j applies to “continuation of flight” failures, and thereby accounts for the maximum possible exposure period of the failure. If a failure is not detected, then T j equals the average latency period for that failure mode. This results in a high value of T j (potentially hundreds of hours), a high value of Q j , and little or no reduction of the safety factor. If the failure was detected, then its exposure would be limited and its effects mitigated by pilot actions. In this case, a reduced value of Q j and a corresponding reduced safety factor is appropriate. *Comment 5:* The commenters stated that the net effect of the proposed special condition would be a reduction in reliability when compared to the current practice for defining failure condition safety factors. The commenters also stated that the current practice has a historical track record of success. The commenters also noted that the allowed reduction of the safety factor is not analytically nor empirically justified. *FAA response:* We do not believe that this special condition reduces reliability or structural integrity when compared to the current practice for defining failure condition safety factors. The current regulation does not specify design loads criteria, including a safety factor, for system failures. Special conditions are needed to define these criteria. Also, the intent of this special condition has been applied for over ten years. Prior to this special condition we outlined similar criteria in Advisory Circular 25.672-1, *Active Flight Controls* , dated November 15, 1983. While not analytically precise, we believe that reduced safety factors for low probability events are justified. Safety factors provide an additional margin above limit load capability. For low probability events, less margin is needed because these events will occur less often. For high probability events, more margin is needed, therefore, the full 1.5 safety factor is required. The relationship between the probability and the severity of a failure condition is similar to that used in a system safety assessment: High probability events must only have minor consequences, whereas low probability events may have major or hazardous consequences. In all cases, the objective is that no failure or combination of failures may be catastrophic. *Comment 6:* The commenters recommended that the process to be used to determine the reliability of a system be defined. The commenters also recommended that for each airplane model, the airframe manufacturer document all of the systems and structure subject to the proposed special conditions. *FAA response:* We believe that the process for determining the reliability of a system is well defined in this special condition because the special condition states that the failure condition and probabilistic terms are the same as those defined in § 25.1309, *Equipment, systems, and installations.* That regulation's advisory material, Advisory Circular 25.1309-1A, *System Design and Analysis* , dated June 21, 1988, provides an acceptable process for determining the reliability of systems (that is, their probability of failure). We also note that as part of the certification process, airframe manufacturers are required to document the systems and structures subject to this special condition. *Comment 7:* The commenters stated that in Figure 3 of the proposed special condition, it is not clear how the flutter clearance speed should be determined when the probability of being in a failure condition, Q j , is between 1 and 10 -5 . *FAA response:* Figure 3 of this special condition shows that when the probability of being in the failure condition, Q j , is equal to one, the flutter clearance speed is V″, which is the speed as defined by § 25.629(b)(1). (This is the same as the clearance speed with no failures.) When Q j = 10 -5 , the clearance speed is V′, which is the clearance speed with failures, as defined by § 25.629(b)(2). If Q j is between 1 and 10 -5 , then the clearance speed varies linearly between V″ and V′. This can be calculated as V = V″ + 0.2(logQ j )(V″-V′). *Comment 8:* The commenters noted that the United States Air Force threshold for allowing a reduced clearance speed is 10 -7 per flight hour. A note accompanying Figure 3 in the proposed special conditions indicates that the flutter clearance speed may not be less than V″ if P j is greater than 10 -3 per flight hour. V″ is the clearance speed with no failures, which includes a 15% margin on the design dive speed, V D /M D . The commenters suggested that the 10 -7 per flight hour threshold is more appropriate than the 10 -3 per flight hour threshold because the flutter analysis may inaccurately predict a critical flutter mechanism under a failed condition. The commenters also pointed out that failure conditions are not typically flutter tested in flight. *FAA response:* We believe that the flutter clearance speeds for failures are adequate as defined. Flutter clearance speeds for failure cases are defined in both § 25.629 and in these special conditions. The flutter clearance speed for failure cases defined in § 25.629 has not changed significantly since Amendment 25-0, issued in 1965. The service history on products certificated to Amendment 25-0, or later, has been acceptable regarding the effects of failures on flutter. The flutter clearance speed defined in these special conditions exceeds that defined in § 25.629 (and is therefore more conservative) for all failure conditions whose probability is greater than 10 -5 . No changes were made to these special conditions as a result of these comments. The special conditions are adopted as proposed. Applicability As discussed above, this special condition is applicable to the Boeing Model 737-900ER. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, this special condition would apply to that model as well. Effective Upon Issuance Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, as the certification date for the Boeing Model 737-900ER is imminent, the FAA finds that good cause exists to make this special condition effective upon issuance. Conclusion This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Condition Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 737-900ER airplanes. Interaction of Systems and Structures In addition to the requirements of part 25, subparts C and D, the following proposed special condition would apply: a. For airplanes equipped with systems that affect structural performance—either directly or as a result of a failure or malfunction—the influence of these systems and their failure conditions must be taken into account when showing compliance with the requirements of part 25, subparts C and D. Paragraph b, below, must be used to evaluate the structural performance of airplanes equipped with these systems. b. Interaction of Systems and Structures.

(1)General: The following criteria must be used for showing compliance with this special condition for interaction of systems and structures and with § 25.629 for airplanes equipped with flight control systems, autopilots, stability augmentation systems, load alleviation systems, flutter control systems, and fuel management systems.

(a)The criteria defined herein address only the direct structural consequences of the system responses and performances. They cannot be considered in isolation but should be included in the overall safety evaluation of the airplane. These criteria may, in some instances, duplicate standards already established for this evaluation. These criteria are applicable only to structures whose failure could prevent continued safe flight and landing. Specific criteria that define acceptable limits on handling characteristics or stability requirements when operating in the system degraded or inoperative modes are not provided in this special condition.

(b)Depending upon the specific characteristics of the airplane, additional studies may be required that go beyond the criteria provided in this special condition in order to demonstrate the capability of the airplane to meet other realistic conditions, such as alternative gust or maneuver descriptions for an airplane equipped with a load alleviation system.

(c)The following definitions are applicable to this paragraph. *Structural performance:* Capability of the airplane to meet the structural requirements of part 25. *Flight limitations:* Limitations that can be applied to the airplane flight conditions following an in-flight occurrence and that are included in the flight manual ( *e.g.* , speed limitations and avoidance of severe weather conditions). *Operational limitations:* Limitations, including flight limitations, that can be applied to the airplane operating conditions before dispatch ( *e.g.* , fuel, payload, and Master Minimum Equipment List limitations). *Probabilistic terms:* The probabilistic terms (probable, improbable, and extremely improbable) used in this special conditions are the same as those used in § 25.1309. *Failure condition:* The term failure condition is the same as that used in § 25.1309. However, this special condition applies only to system failure conditions that affect the structural performance of the airplane ( *e.g.* , system failure conditions that induce loads, change the response of the airplane to inputs such as gusts or pilot actions, or lower flutter margins).

(2)Effects of Systems on Structures.

(a)*General.* The following criteria will be used in determining the influence of a system and its failure conditions on the airplane structure.

(b)*System fully operative.* With the system fully operative, the following apply:

(1)Limit loads must be derived in all normal operating configurations of the system from all the limit conditions specified in subpart C (or used in lieu of those specified in subpart C), taking into account any special behavior of such a system or associated functions or any effect on the structural performance of the airplane that may occur up to the limit loads. In particular, any significant non-linearity (rate of displacement of control surface, thresholds or any other system non-linearities) must be accounted for in a realistic or conservative way when deriving limit loads from limit conditions.

(2)The airplane must meet the strength requirements of part 25 (static strength, residual strength), using the specified factors to derive ultimate loads from the limit loads defined above. The effect of non-linearities must be investigated beyond limit conditions to ensure that the behavior of the system presents no anomaly compared to the behavior below limit conditions. However, conditions beyond limit conditions need not be considered, when it can be shown that the airplane has design features that will not allow it to exceed those limit conditions.

(3)The airplane must meet the aeroelastic stability requirements of § 25.629.

(c)*System in the failure condition.* For any system failure condition not shown to be extremely improbable, the following apply:

(1)At the time of occurrence. Starting from 1g level flight conditions, a realistic scenario, including pilot corrective actions, must be established to determine the loads occurring at the time of failure and immediately after failure.

(i)For static strength substantiation, these loads multiplied by an appropriate factor of safety that is related to the probability of occurrence of the failure are ultimate loads to be considered for design. The factor of safety

(FS)is defined in Figure 1. ER26MR07.000

(ii)For residual strength substantiation, the airplane must be able to withstand two thirds of the ultimate loads defined in paragraph (c)(1)(i) of this section. For pressurized cabins, these loads must be combined with the normal operating differential pressure.

(iii)Freedom from aeroelastic instability must be shown up to the speeds defined in § 25.629(b)(2). For failure conditions that result in speed increases beyond V C /M C , freedom from aeroelastic instability must be shown to those increased speeds, so that the margins intended by § 25.629(b)(2) are maintained.

(iv)Failures of the system that result in forced structural vibrations (oscillatory failures) must not produce loads that could result in detrimental deformation of primary structure.

(2)For the continuation of the flight. For the airplane in the system failed state and considering any appropriate reconfiguration and flight limitations, the following apply:

(i)The loads derived from the following conditions (or used in lieu of the following conditions) at speeds up to V C /M C or the speed limitation prescribed for the remainder of the flight must be determined:

(A)the limit symmetrical maneuvering conditions specified in §§ 25.331 and in 25.345.

(B)the limit gust and turbulence conditions specified in §§ 25.341 and in 25.345.

(C)the limit rolling conditions specified in § 25.349 and the limit unsymmetrical conditions specified in §§ 25.367 and 25.427(b) and (c).

(D)the limit yaw maneuvering conditions specified in § 25.351.

(E)the limit ground loading conditions specified in §§ 25.473 and 25.491.

(ii)For static strength substantiation, each part of the structure must be able to withstand the loads in paragraph (c)(2)(i) of this special condition multiplied by a factor of safety, depending on the probability of being in this failure state. The factor of safety is defined in Figure 2. ER26MR07.001 Q j = (T j )(P j ) where: T j = Average time spent in failure condition j (in hours) P j = Probability of occurrence of failure mode j (per hour) Note: If P j is greater than 10 −3 per flight hour, then a 1.5 factor of safety must be applied to all limit load conditions specified in subpart C.

(iii)For residual strength substantiation, the airplane must be able to withstand two thirds of the ultimate loads defined in paragraph (c)(2)(ii). For pressurized cabins, these loads must be defined combined with the normal operating differential pressure.

(iv)If the loads induced by the failure condition have a significant effect on fatigue or damage tolerance, then their effects must be taken into account.

(v)Freedom from aeroelastic instability must be shown up to a speed determined from Figure 3. Flutter clearance speeds V′ and V″ may be based on the speed limitation specified for the remainder of the flight, using the margins defined by § 25.629(b). ER26MR07.002 V′ = Clearance speed as defined by § 25.629(b)(2). V″ = Clearance speed as defined by § 25.629(b)(1). Q j = (T j )(P j ) where: T j = Average time spent in failure condition j (in hours) P j = Probability of occurrence of failure mode j (per hour) Note: If P j is greater than 10 −3 per flight hour, then the flutter clearance speed must not be less than V″.

(vi)Freedom from aeroelastic instability must also be shown up to V′ in Figure 3 above for any probable system failure condition combined with any damage required or selected for investigation by § 25.571(b).

(3)Consideration of certain failure conditions may be required by other sections of this Part, regardless of calculated system reliability. Where analysis shows the probability of these failure conditions to be less than 10 −9 , criteria other than those specified in this paragraph may be used for structural substantiation to show continued safe flight and landing.

(d)*Warning considerations.* For system failure detection and warning, the following apply:

(1)The system must be checked for failure conditions, not extremely improbable, that degrade the structural capability below the level required by part 25 or significantly reduce the reliability of the remaining system. As far as reasonably practicable, the flightcrew must be made aware of these failures before flight. Certain elements of the control system, such as mechanical and hydraulic components, may use special periodic inspections, and electronic components may use daily checks in lieu of warning systems to achieve the objective of this requirement. These certification maintenance requirements must be limited to components the failures of which are not readily detectable by normal warning systems and where service history shows that inspections will provide an adequate level of safety.

(2)The existence of any failure condition, not extremely improbable, during flight that could significantly affect the structural capability of the airplane and for which the associated reduction in airworthiness can be minimized by suitable flight limitations must be signaled to the flightcrew. For example, failure conditions that result in a factor of safety between the airplane strength and the loads of part 25, subpart C, below 1.25 or flutter margins below V″ must be signaled to the crew during flight.

(e)*Dispatch with known failure conditions.* If the airplane is to be dispatched in a known system failure condition that affects structural performance or affects the reliability of the remaining system to maintain structural performance, then the provisions of this Special Condition must be met, including the provisions of paragraph (b), for the dispatched condition and paragraph

(c)for subsequent failures. Expected operational limitations may be taken into account in establishing P j as the probability of failure occurrence for determining the safety margin in Figure 1. Flight limitations and expected operational limitations may be taken into account in establishing Q j as the combined probability of being in the dispatched failure condition and the subsequent failure condition for the safety margins in Figures 2 and 3. These limitations must be such that the probability of being in this combined failure state and then subsequently encountering limit load conditions is extremely improbable. No reduction in these safety margins is allowed, if the subsequent system failure rate is greater than 1E-3 per flight hour. Issued in Renton, Washington, on March 19, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-5508 Filed 3-23-07; 8:45 am] BILLING CODE 4910-13-C DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 323 [DoD-2006-OS-0022] RIN 0790-AI00 Defense Logistic Agency Privacy Program AGENCY: Department of Defense. ACTION: Amendment of final rule. SUMMARY: The Defense Logistic Agency recently altered an existing Privacy Act system of records notice identified as S500.60, entitled “DLA Hotline Program.” As part of the alteration, the system identifier and the system name were revised; therefore, the existing exemption rule for this particular system of records is being amended to reflect the new system identifier and the new system name. No other changes have been made to the existing rule. DATES: *Effective Date:* March 26, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at

(703)767-5045. SUPPLEMENTARY INFORMATION: Executive Order 12866, “Regulatory Planning and Review” It has been determined that 32 CFR part 323 is not a significant regulatory action. The rule does not:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4) It has been certified that this rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been certified that this rule does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, “Federalism” It has been certified that this rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:

(1)The States;

(2)The relationship between the National Government and the States; or

(3)The distribution of power and responsibilities among the various levels of Government. List of Subjects in 32 CFR Part 323 Privacy. Accordingly, 32 CFR part 323 is amended as follows: PART 323—DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM 1. The authority citation for 32 CFR Part 323 continues to read as follows: Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a). 2. In Appendix H to part 323, the headings of paragraphs e. and e.1., are revised to read as follows: Appendix H to Part 323, DLA Exemption Rules e. ID: S500.60 (Specific exemption). 1. System name: DLA Hotline Program Records. * * * March 16, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-5233 Filed 3-23-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900-AM25 Vocational Rehabilitation and Employment Program—Initial Evaluations AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: The Department of Veterans Affairs

(VA)adopts as a final rule in this document a proposed rule concerning initial evaluations of individuals who apply for vocational rehabilitation and employment benefits. This final rule is intended to reflect changes in law regarding initial evaluations, to reflect VA's interpretation of applicable law and its determinations of procedures appropriate for use in the initial evaluation, and to improve readability. DATES: *Effective Date:* This final rule is effective April 25, 2007. FOR FURTHER INFORMATION CONTACT: Mark Hawkins, Vocational Rehabilitation Counselor,

(202)273-6923, Vocational Rehabilitation and Employment Service (28), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. SUPPLEMENTARY INFORMATION: In a document published in the **Federal Register** on August 28, 2006 (71 FR 50872), VA proposed to amend the regulations in 38 CFR Part 21, Subpart A—Vocational Rehabilitation Under 38 U.S.C. Chapter 31, concerning initial evaluations of individuals who apply for vocational rehabilitation and employment benefits. In this document, VA is amending those Vocational Rehabilitation regulations to reflect changes in law regarding initial evaluations and VA's interpretation of applicable law and its determination of procedures appropriate for use in the initial evaluation. We are also making changes in those regulations to improve readability. In addition, we are making a nonsubstantive conforming change in 38 CFR Part 21, Subpart M—Vocational Training and Rehabilitation for Certain Children of Vietnam Veterans—Spina Bifida and Covered Birth Defects. We provided a 60-day comment period that ended October 27, 2006. No comments were received. Based on the rationale set forth in the proposed rule and this document, we now adopt the provisions of the proposed rule as a final rule without change. Paperwork Reduction Act of 1995 This rule contains no new collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The Office of Management and Budget

(OMB)has approved collection of information provisions that are related to the provisions of 38 CFR 21.50 under OMB control number 2900-0009 (entitled “Disabled Veterans Application for Vocational Rehabilitation and 38 CFR 21.30”) and has approved collection of information provisions that are related to the provisions of §§ 21.50 through 21.52 under OMB control number 2900-0092 (entitled “Counseling Record—Personal Information”). 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 will have no such effect on State, local, and tribal governments, or on 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 Executive Order classifies a “significant regulatory action,” requiring review by OMB unless OMB waives such review, as any regulatory action that is likely to result in a rule that may:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this final rule have been examined and it has been determined to not be a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act The Secretary of Veterans Affairs hereby certifies that this 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. This rule will not directly affect any small entities. Only individuals could be directly affected. 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 for programs affected by this rule are 64.116, Vocational Rehabilitation for Disabled Veterans; and 64.128, Vocational Training and Rehabilitation for Vietnam Veterans' Children with Spina Bifida or Other Covered Birth Defects. List of Subjects in 38 CFR Part 21 Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Education, Employment, Grant programs—education, Grant programs—veterans, Health care, Loan programs—education, Loan programs—veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation. Approved: March 20, 2007. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set forth in the preamble, VA amends 38 CFR part 21 (subparts A and M) as follows: PART 21—VOCATIONAL REHABILITATION AND EDUCATION Subpart A—Vocational Rehabilitation Under 38 U.S.C. Chapter 31 1. Revise the authority citation for part 21, subpart A to read as follows: Authority: 38 U.S.C. 501(a), ch. 31, and as noted in specific sections. 2. Revise § 21.50 to read as follows: § 21.50 Initial evaluation.

(a)*Entitlement to an initial evaluation.* VA will provide an initial evaluation to an individual who:

(1)Applies for benefits under 38 U.S.C. chapter 31; and

(2)Meets the service-connected disability requirements of § 21.40. (Authority: 38 U.S.C. 3101(9), 3106)

(b)*Determinations to be made by VA during the initial evaluation.* A counseling psychologist

(CP)or vocational rehabilitation counselor

(VRC)will determine:

(1)Whether the individual has an employment handicap as determined in accordance with this section and § 21.51;

(2)Whether an individual with an employment handicap has a serious employment handicap as determined in accordance with this section and § 21.52; and

(3)Whether the achievement of a vocational goal is currently reasonably feasible as described in § 21.53. (Authority: 38 U.S.C. 3102, 3103)

(c)*Factors for assessment as part of the initial evaluation.* In making the determinations under paragraph

(b)of this section, the following factors will be developed and assessed:

(1)The handicapping effects of the individual's service-connected and nonservice-connected disability(ies) on employability and on independence in daily living;

(2)The individual's physical and mental capabilities that may affect employability and ability to function independently in daily living activities in family and community;

(3)The impact of the individual's identified vocational impairments on the individual's ability to prepare for, obtain, and keep suitable employment;

(4)The individual's abilities, aptitudes, and interests;

(5)The individual's personal history and current circumstances (including educational and training achievements, employment record, developmental and related vocationally significant factors, and family and community adjustment); and

(6)Other factors that may affect the individual's employability. (Authority: 38 U.S.C. 3106(a))

(d)*Need for cooperation in evaluation.* The individual's cooperation is essential during the initial evaluation. If the individual does not cooperate, the CP or VRC will make reasonable efforts to secure the individual's cooperation. If, despite those efforts, the individual fails to cooperate, VA will discontinue the initial evaluation. A redetermination of entitlement as described in § 21.58 will be made in the case of an individual whose program has been discontinued due to failure to cooperate. (Authority: 38 U.S.C. 3111) 3. Revise § 21.51 to read as follows: § 21.51 Determining employment handicap. For the purposes of § 21.50, an employment handicap will be found to exist only if a CP or VRC determines that the individual meets each of the following conditions:

(a)*Vocational impairment.* The individual has a vocational impairment; that is, an impairment of the ability to prepare for, obtain, or keep employment in an occupation consistent with his or her abilities, aptitudes, and interests.

(b)*Effects of impairment not overcome.* The individual has not overcome the effects of the individual's impairment of employability through employment in, or qualifying for employment in, an occupation consistent with his or her abilities, aptitudes, and interests. This situation includes an individual who qualifies for a suitable job, but who does not obtain or keep the job for reasons beyond his or her control. (Authority: 38 U.S.C. 3102)

(c)*Contribution of the service-connected disability(ies) to the individual's overall vocational impairment.*

(1)Except as provided in paragraph (c)(3) of this section, the service-connected disability(ies) must contribute in substantial part to the individual's overall vocational impairment. This means that the disability(ies) must have an identifiable, measurable, or observable causative effect on the overall vocational impairment, but need not be the sole or primary cause of the employment handicap.

(2)When determining the individual's overall vocational impairment, the CP or VRC will consider the factors identified in § 21.50(c).

(3)For determinations made on applications for vocational rehabilitation filed on or after March 30, 1995, but before October 9, 1996, the individual's service-connected disability(ies) need not contribute to the individual's overall vocational impairment. (Authority: 38 U.S.C. 3101, 3102) 4. Revise § 21.52 to read as follows: § 21.52 Determining serious employment handicap.

(a)*Requirements for determining serious employment handicap.* For each individual who is found to have an employment handicap, a CP or VRC must make a separate determination of whether the individual has a serious employment handicap. For the purposes of an initial evaluation under § 21.50, a serious employment handicap will be found to exist only if a CP or VRC determines that the individual meets each of the following conditions:

(1)*Significant vocational impairment.* The individual has a significant vocational impairment; that is, a significant impairment of the ability to prepare for, obtain, or keep employment in an occupation consistent with his or her abilities, aptitudes, and interests, considering the factors described in § 21.50 and paragraph

(b)of this section.

(2)*Effects of significant impairment not overcome.* The individual has not overcome the effects of the significant vocational impairment through employment in, or qualifying for employment in, an occupation consistent with his or her abilities, aptitudes, and interests. This includes an individual who qualifies for a suitable job, but who does not obtain or keep the job for reasons beyond his or her control. (Authority: 38 U.S.C. 3102)

(3)*Contribution of the service-connected disability(ies) to the individual's overall significant vocational impairment.*

(i)Except as provided in paragraph (a)(3)(ii) of this section, the service-connected disability(ies) must contribute in substantial part to the individual's overall significant vocational impairment. This means that the disability(ies) must have an identifiable, measurable, or observable causative effect on the overall significant vocational impairment, but need not be the sole or primary cause of the serious employment handicap. (Authority: 38 U.S.C. 3101)

(ii)For determinations made on applications for vocational rehabilitation filed on or after March 30, 1995, but before October 9, 1996, the individual's service-connected disability(ies) need not contribute to the individual's overall significant vocational impairment.

(b)*Factors for assessment during the initial evaluation, when determining whether a significant vocational impairment exists.* The combination of all restrictions and their effects on the individual define the extent of the vocational impairment and its significance. When determining whether the individual has a significant vocational impairment, VA will develop and assess the following factors and their effects:

(1)Number of disabling conditions;

(2)Severity of disabling condition(s);

(3)Existence of neuropsychiatric condition(s);

(4)Adequacy of education or training for suitable employment;

(5)Number, length, and frequency of periods of unemployment or underemployment;

(6)A pattern of reliance on government support programs, such as welfare, service-connected disability compensation, nonservice-connected disability pension, worker's compensation, or Social Security disability;

(7)Extent and complexity of services and assistance the individual needs to achieve rehabilitation;

(8)Negative attitudes toward individuals with disabilities and other evidence of restrictions on suitable employment, such as labor market conditions; discrimination based on age, race, gender, disability or other factors; alcoholism or other substance abuse; and

(9)Other factors that relate to preparing for, obtaining, or keeping employment consistent with the individual's abilities, aptitudes, and interests. (Authority: 38 U.S.C. 3102, 3106) Subpart M—Vocational Training and Rehabilitation for Certain Children of Vietnam Veterans—Spina Bifida and Covered Birth Defects 5. Revise the authority citation for part 21, subpart M to read as follows: Authority: 38 U.S.C. 101, 501, 512, 1151 note, ch. 18, 5112, and as noted in specific sections. § 21.8032 [Amended]. 6. In § 21.8032, amend paragraph

(a)by removing “§§ 21.50(b)(5)” and adding, in its place, “§§ 21.50(b)(3)”. [FR Doc. E7-5432 Filed 3-23-07; 8:45 am] BILLING CODE 8320-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R06-OAR-2006-0386; FRL-8291-6] Approval and Promulgation of Implementation Plans; Texas; El Paso County Carbon Monoxide Redesignation to Attainment, and Approval of Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. SUMMARY: On January 23, 2007 (72 FR 2776), EPA published a direct final rule approving the redesignation of the El Paso, Texas, carbon monoxide

(CO)nonattainment area to attainment for the CO National Ambient Air Quality Standard (NAAQS) and the CO maintenance plan with its associated Motor Vehicle Emission Budgets (MVEBs). EPA also found the MVEBs adequate. The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received relevant adverse comment by February 22, 2007, EPA would publish a timely withdrawal in the **Federal Register** . EPA subsequently received a timely relevant adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval, as well as the finding of adequacy for the MVEBs. EPA will address the comment in a subsequent final action based on the parallel proposal also published on January 23, 2007 (72 FR 2825). DATES: The direct final rule published on January 23, 2007 (72 FR 2776), is withdrawn as of March 26, 2007. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section, (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone

(214)665-8542; fax number 214-665-7263; e-mail address *riley.jeffrey@epa.gov.* List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations. 40 CFR Part 82 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: March 16, 2007. Lawrence E. Starfield, Acting Regional Administrator, Region 6. Accordingly, the amendments to 40 CFR 52.2270(e) and to 40 CFR 81.344 published in the **Federal Register** on January 23, 2007 (72 FR 2776), which were to become effective on March 26, 2007, are withdrawn. [FR Doc. E7-5482 Filed 3-23-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 272 [EPA-R02-RCRA-2006-0518; FRL-8278-2] New York: Incorporation by Reference of State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule. SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency

(EPA)to authorize States to operate their hazardous waste management programs in lieu of the Federal program. EPA uses the regulations entitled “Approved State Hazardous Waste Management Programs” to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State regulations that will be subject to EPA's inspection and enforcement. This rule does not incorporate by reference the New York hazardous waste statutes. The rule codifies in the regulations the prior approval of New York's hazardous waste management program and incorporates by reference authorized provisions of the State's regulations. In addition, this document corrects errors made in the program revision table in Section G published in the January 11, 2005 **Federal Register** authorization document for New York. DATES: This regulation is effective May 25, 2007, unless EPA receives adverse written comment on this regulation by the close of business April 25, 2007. If EPA receives such comments, it will publish a timely withdrawal of this immediate final rule in the **Federal Register** informing the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of May 25, 2007 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-RCRA-2006-0518, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail: infurna.michael@epa.gov.* • *Fax:*

(212)637-3056. • *Mail:* Send written comments to Michael Infurna, Division of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 22nd Floor, New York, NY 10007. • *Hand Delivery or Courier:* Deliver your comments to Michael Infurna, Division of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are only accepted during the Regional Office's normal hours of operation. The public is advised to call in advance to verify the business hours. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R02-RCRA-2006-0518. EPA's policy is that all comments received will be included in the public docket without change, 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 information that you consider to be CBI or otherwise protected through www.regulations.gov, or e-mail. The Federal 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 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 or any form of encryption, and be free of any defects or viruses. (For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm).* *Docket:* All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy. You can inspect the records related to this codification effort in the EPA Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007, Phone number:

(212)637-3185. The public is advised to call in advance to verify the business hours. FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd floor, New York, NY 10007; telephone number

(212)637-4177; fax number:

(212)637-3056; e-mail address: *infurna.michael@epa.gov.* SUPPLEMENTARY INFORMATION: I. Correction There were typographical errors and omissions in the table published as part of the January 11, 2005 (70 FR 1827) authorization document for New York. The affected entries for that table are shown in the table below. The corrections are **bolded** and *italicized.* Description of Federal requirement (revision checklists 1 ) Analogous State regulatory authority 2 * * * * * * * Land Disposal Restrictions Phase IV—Treatment Standards for Metal Wastes and Mineral Processing Wastes (5/26/98, 63 FR 28556; Revision Checklist 167 A) 6 NYCRR 376.1(b)( 1 )(xii), 376.1(c)(4), 376.3(b)(1)-(3),

(5)and (6), 376.4(a)(5) and (8), 376.4(a)/Table, and 376.4(j)/Table UTS. (More stringent provisions: 376.3(b)(5)(iii).) * * * * * * * Hazardous Waste Combustors; Revised Standards; Part 1: RCRA Comparable Fuel Exclusion; Permit Modifications for Hazardous Waste Combustion Units; Notification of Intent To Comply; Waste Minimization and Pollution Prevention Criteria for Compliance Extensions (6/19/98, 63 FR 33782; Checklist 168) 6 NYCRR 371.1(e)(1)( xvi ), 371.4(i), 373-1.3(g)(2)(viii), 373-1.7(c)(12)(iii), 373-1.7(j) introductory paragraph, and 371.7(j)(1). (More stringent provisions: 373-1.7(c)(12)(iii).) * * * * * * * II. Incorporation By Reference A. What Is Codification? Codification is the process of including the statutes and regulations that comprise the State's authorized hazardous waste management program into the CFR. Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency

(EPA)to authorize State hazardous waste management programs. The State regulations authorized by EPA supplant the Federal regulations concerning the same matter with the result that after authorization EPA enforces the authorized regulations. Infrequently, State statutory language which acts to regulate a matter is also authorized by EPA with the consequence that EPA enforces the authorized statutory provision. EPA does not authorize State enforcement authorities and does not authorize State procedural requirements. EPA codifies the authorized State program in 40 CFR part 272 and incorporates by reference State statutes and regulations that make up the approved program which is federally enforceable in accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions. B. What Is the History of the Authorization and Codification of New York's Hazardous Waste Management Program? New York initially received final authorization for its hazardous waste management program, effective on May 29, 1986 (51 FR 17737) to implement its base hazardous waste management program. Subsequently, EPA authorized revisions to the State's program effective July 3, 1989 (54 FR 19184), May 7, 1990 (55 FR 7896), October 29, 1991 (56 FR 42944), May 22, 1992 (57 FR 9978), August 28, 1995 (60 FR 33753), October 14, 1997 (62 FR 43111), January 15, 2002 (66 FR 57679) and March 14, 2005 (70 FR 1825, as corrected on April 5, 2005 (70 FR 17286)). EPA first codified New York's authorized hazardous waste program effective September 30, 2002. In this action, EPA is revising Subpart HH of 40 CFR part 272 to include the recent authorization revision actions effective March 14, 2005. C. What Decisions Have We Made in This Action? Today's action codifies EPA's authorization of revisions to New York's hazardous waste management program. This codification reflects the State program in effect at the time EPA authorized revisions to the New York hazardous waste program in a final rule dated January 11, 2005 (70 FR 1825; and corrected on April 5, 2005 (70 FR 17286)). The rule incorporates by reference the most recent version of the State's authorized hazardous waste management regulations. This action does not reopen any decision EPA previously made concerning the authorization of the State's hazardous waste management program. EPA is not requesting comments on its decisions published in the **Federal Register** notices referenced in section B of this document concerning revisions to the authorized program in New York. EPA is incorporating by reference the authorized revisions to the New York hazardous waste program by revising Subpart HH to 40 CFR part 272. 40 CFR 272.1651 previously incorporated by reference New York's authorized hazardous waste regulations, as amended through March 15, 1999, plus amendments to selected provisions on November 15, 1999 and January 31, 2000, as well as selected provisions as found in the New York regulations dated January 31, 1992 and January 14, 1995. Section 272.1651 also references the demonstration of adequate enforcement authority, including procedural and enforcement provisions, which provide the legal basis for the State's implementation of the hazardous waste management program. In addition, § 272.1651 references the Memorandum of Agreement, the Attorney General's Statements and the Program Description, which were evaluated as part of the approval process of the hazardous waste management program under Subtitle C of RCRA. D. What Is the Effect of New York's Codification on Enforcement? EPA retains the authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in all authorized States. With respect to enforcement actions, EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than the State analogs to these provisions. Therefore, the EPA is not incorporating by reference New York's inspection and enforcement authorities nor are those authorities part of New York's approved State program which operates in lieu of the Federal program. 40 CFR 272.1651(c)(2) lists these authorities for informational purposes, and also because EPA considered them in determining the adequacy of New York's procedural and enforcement authorities. New York's authority to inspect and enforce the State's hazardous waste management program requirements continues to operate independently under State law. E. What State Provisions Are Not Part of the Codification? The public is reminded that some provisions of New York's hazardous waste management program are not part of the federally authorized State program. These non-authorized provisions include:

(1)Provisions that are not part of the RCRA subtitle C program because they are “broader in scope” than RCRA subtitle C (see 40 CFR 271.1(i));

(2)Unauthorized amendments to authorized State provisions;

(3)New unauthorized State requirements; and

(4)State procedural and enforcement authorities which are necessary to establish the ability of the State's program to enforce compliance but which do not supplant the Federal statutory enforcement and procedural authorities. State provisions that are “broader in scope” than the Federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.1651(c)(3) lists the New York statutory and regulatory provisions which are “broader in scope” than the Federal program and which are not part of the authorized program being incorporated by reference. This action updates that list for “broader in scope” provisions. While “broader in scope” provisions are not part of the authorized program and cannot be enforced by EPA; the State may enforce such provisions under State law. Additionally, New York's hazardous waste regulations include amendments which have not been authorized by EPA. Since EPA cannot enforce a State's requirements which have not been reviewed and authorized in accordance with RCRA section 3006 and 40 CFR part 271, it is important to be precise in delineating the scope of a State's authorized hazardous waste program. Regulatory provisions that have not been authorized by EPA include amendments to previously authorized State regulations as well as new State requirements. In those instances where New York has made unauthorized amendments to previously authorized sections of State code, EPA is identifying in 40 CFR 272.1651(c)(4) any regulations which, while adopted by the State and incorporated by reference, include language not authorized by EPA. Those unauthorized portions of the State regulations are not federally enforceable. Thus, notwithstanding the language in the New York hazardous waste regulations incorporated by reference at 40 CFR 272.1651(c)(1), EPA will only enforce those portions of the State regulations that are actually authorized by EPA. For the convenience of the regulated community, the actual State regulatory text authorized by EPA for the citations listed at 272.1651(c)(4) (i.e., without the unauthorized amendments) is compiled as a separate document, Addendum to the EPA Approved New York Regulatory Requirements Applicable to the Hazardous Waste Management Program, March 2005. This document is available from EPA Region 2, EPA Region 2 Library, 290 Broadway, 16th Floor, New York, New York 10007, Phone number:

(212)637-3185. State regulations that are not incorporated by reference in today's rule at 40 CFR 272.1651(c)(1), or that are not listed in 40 CFR 272.1651(c)(3) (“broader in scope”) or 40 CFR 272.1651(c)(4) (“unauthorized amendments to authorized State provisions”), are considered new unauthorized State requirements. These requirements are not Federally enforceable. F. What Will Be the Effect of Federal HSWA Requirements on the Codification? With respect to any requirement(s) pursuant to the Hazardous and Solid Waste Amendments of 1984

(HSWA)for which the State has not yet been authorized and which EPA has identified as taking effect immediately in States with authorized hazardous waste management programs, EPA will enforce those Federal HSWA standards until the State is authorized for those provisions. The codification does not affect Federal HSWA requirements for which the State is not authorized. EPA has authority to implement HSWA requirements in all States, including States with authorized hazardous waste management programs, until the States become authorized for such requirements or prohibitions, unless EPA has identified the HSWA requirement(s) as an optional or as a less stringent requirement of the Federal program. A HSWA requirement or prohibition, unless identified by EPA as optional or as less stringent, supersedes any less stringent or inconsistent State provision which may have been previously authorized by EPA (50 FR 28702, July 15, 1985). Some existing State requirements may be similar to the HSWA requirement implemented by EPA. However, until EPA authorizes those State requirements, EPA enforces the HSWA requirements and not the State analogs. III. Statutory and Executive Order Reviews This rule codifies EPA-authorized hazardous waste requirements pursuant to RCRA 3006 and imposes no requirements other than those imposed by State law. Therefore, this rule complies with applicable executive orders and statutory provisions as follows. 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget

(OMB)has exempted this rule from its review under Executive Order 12866 (58 FR 51735, October 4, 1993). 2. Paperwork Reduction Act—This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). 3. Regulatory Flexibility Act—This rule codifies New York's authorized hazardous waste management regulations in the CFR and does not impose new burdens on small entities. Accordingly, I certify 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.* ). 4. Unfunded Mandates Reform Act—Because this rule codifies pre-existing State hazardous waste management program requirements which EPA already approved under 40 CFR part 271, and with which regulated entities must already comply, 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). 5. Executive Order 13132: Federalism—Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this rule because it will not have federalism implications (i.e., substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government). This action codifies existing authorized State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments—Executive Order 13175 (65 FR 67249, November 6, 2000) does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or 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). 7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks—This rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it is not based on environmental health or safety risks. 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use—This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. 9. National Technology Transfer Advancement Act—The requirements being codified are the result of New York's voluntary participation in EPA's State program authorization process under RCRA Subtitle C. 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. 10. Executive Order 12988—As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), EPA has taken the necessary steps in this action to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 11. Congressional Review Act—EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 *et seq.* , as amended) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication 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 25, 2007. List of Subjects in 40 CFR Part 272 Environmental Protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Incorporation by reference, Indians—lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply. Authority: This action is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: January 4, 2007. Alan J. Steinberg, Regional Administrator, EPA Region 2. For the reasons set forth in the preamble, 40 CFR part 272 is amended as follows: PART 272—APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 1. The authority citation for part 272 continues to read as follows: Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 2. Subpart HH is amended by revising § 272.1651 to read as follows: § 272.1651 New York State-Administered Program: final authorization.

(a)Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), New York has final authorization for the following elements as submitted to EPA in New York's base program application for final authorization which was approved by EPA effective on May 29, 1986. Subsequent program revision applications were approved effective on July 3, 1989, May 7, 1990, October 29, 1991, May 22, 1992, August 28, 1995, October 14, 1997, January 15, 2002 and March 14, 2005.

(b)The State of New York has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c)*State Statutes and Regulations.*

(1)The New York regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 *et seq.* The Director of **Federal Register** approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the New York regulations that are incorporated by reference in this paragraph from West Group, 610 Opperman Drive, Eagan, MN 55123, ATTENTION: D3-10 (Phone #: 1-800-328-9352). You may inspect a copy at EPA Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007 (Phone number:

(212)637-3185), 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* .

(i)The Binder entitled “EPA Approved New York Regulatory Requirements Applicable to the Hazardous Waste Management Program”, dated March 2005.

(ii)[Reserved]

(2)EPA considered the following statutes and regulations in evaluating the State program but is not incorporating them herein for enforcement purposes:

(i)Environmental Conservation Laws (ECL), 1997 Replacement Volume, as revised by the 2004 Cumulative Pocket Part: sections 1-0303(18), 3-0301(1) (introductory paragraph); 3-0301(1)(a) and (b); 3-0301(1)(m); 3-0301(1)(o); 3-0301(1)(w); 3-0301(1)(x); 3-0301(1)(cc); 3-0301(2) introductory paragraph; 3-0301(2)(a), (b),

(d)through (j), (l),

(m)and (q); 3-0301(2)(z); 3-0301(4); 19-0301(1) (except 19-0301(c),

(e)and (f)); 19-0303(1) through (3); 19-0304; 27-0105; 27-0701; 27-0703; 27-0705; 27-0707 (except 27-0707(2-c)); 27-0711; 27-0900 through 27-0908; 27-0909 (except 27-0909(5)); 27-0910 through 27-0922; 27-1105;70-0101; 70-0103; 70-0105 (except 70-0105(3) and 70-0105(6)); 70-0107(1) and (2); 70-0107(3) (except 70-0107(3)(a) through (k),

(m)and (n)); 70-0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-0117; 70-0119; 70-0121; 71-0301; 71-1719; 71-2705; 71-2707; 71-2709 through 71-2715; 71-2717; 71-2720; and 71-2727.

(iii)McKinney's Consolidated Laws of New York, Book 1, Executive Law (EL), Article 6: section 102.

(iv)McKinney's Consolidated Laws of New York, Book 46, Public Officers Law (POL), as amended through 2004: sections 87 and 89 (except the phrase “and one-a” at 89(5)(a)(3), and 89(5)(a)(1-a)).

(v)McKinney's Consolidated Laws of New York, Book 7B, Civil Practice Law and Rules (CPLR), as amended through 2004: sections 1013, 6301; 6311; and 6313.

(vi)Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume A-2A, Hazardous Waste Management System, as amended through April 10, 2004: sections 372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-1.4(d) through (f); 373-1.6(c); 621.1 through 621.4; 621.5 (except (d)(5), (d)(6)(i), (d)(7)(i)(a), (d)(7)(i)(c) and (d)(9)); 621.6 (except (b), (d)(4) and (d)(5)); 621.7; 621.8; 621.9 (except (a)(5), (c)(2) and (e)(2)); 621.10; 621.11 (except (d)); 621.12 through 621.15; and 621.16 (except (b),

(d)and (e)).

(3)The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, are not incorporated by reference and are not federally enforceable:

(i)Environmental Conservation Laws (ECL), 1997 Replacement Volume, as revised by the 2004 Cumulative Pocket Part: sections 27-0301; 27-0303; 27-0305; 27-0307; 27-0909(5); 27-0923; 27-0925 and 27-0926.

(ii)Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume A-2A, Hazardous Waste Management System, as amended through April 10, 2004: Section 371.4(e); 372.3(a)(1); 372.3(a)(4); 372.3(b)(6)(iv); 372.3(d)(3); 373-1.1(d)(1)(x); 373-1.4(c); 373-2.15(a)(2); and 374-3.4(a)(2).

(iii)Throughout New York's hazardous waste regulations, the State cross-references Part 364, which sets forth additional transporter requirements including permit and liability requirements (for examples, see 6 NYCRR sections 372.2(b)(8), 373-1.7(h)(3), 374-3.3(i)(1) and (2), 374-3.4(a) and 374-3.6(a)(1)). The transporter permit and liability requirements are broader in scope than the Federal program.

(iv)New York did not adopt an analog to 40 CFR 261.4(g) that excludes certain dredged materials from the State definition of hazardous waste. Instead, the State subjects these materials to full regulation as hazardous wastes.

(v)New York State regulations do not incorporate the Mineral Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17) and the related changes affecting 40 CFR 261.2(c)(3) and (c)(4)/Table, and 40 CFR 261.2(e)(1)(iii). Since New York did not adopt the exclusion at 40 CFR 261.4(a)(17) the State has a broader in scope program because the effect is to include materials that are not considered solid waste by EPA.

(4)*Unauthorized State Amendments.*

(i)The authorized provisions at sections 371.1(c)(7), 373-1.3(d)(3), and 373-2.8(a)(3) of 6 NYCRR, as amended through April 10, 2004, include amendments that are not approved by EPA. Such unauthorized amendments are not part of the State's authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the New York hazardous waste regulations incorporated by reference at paragraph (b)(1)(i) of this section, EPA will enforce the State regulations that are actually authorized by EPA. The effective dates of the State's authorized provisions are listed in the following Table: Title 6.—New York Codes, Rules and Regulations (6 NYCRR) State Citation Description Effective date 371.1(c)(7) Definition of Solid Waste. Documentation of claims for exemption 373-2.8(a)(3) Submission of applications. 373-1.3(d)(3) Financial Requirements. States and Federal government are exempt from the requirements of this section

(ii)The actual State regulatory text authorized by EPA ( *i.e.* , without the unauthorized amendments) is available as a separate document, *Addendum to the EPA Approved New York Regulatory Requirements Applicable to the Hazardous Waste Management Program, March 2005.* This document is available from EPA Region 2, EPA Region 2 Library, 290 Broadway, 16th Floor, New York, New York 10007, Phone number:

(212)637-3185.

(5)*Memorandum of Agreement.* The Memorandum of Agreement between EPA Region 2 and the State of New York, signed by the Commissioner of the State of New York Department of Environmental Conservation on July 20, 2001, and by the EPA Regional Administrator on January 16, 2002, although not incorporated by reference, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 *et seq.*

(6)*Statement of Legal Authority.* “Attorney General's Statement for Final Authorization”, signed by the Attorney General of New York in 1985 and revisions, supplements and addenda to that Statement dated August 18, 1988, July 26, 1989, August 15, 1991, October 11, 1991, July 28, 1994, May 30, 1997, February 5, 2001, and April 2, 2004, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 *et seq.*

(7)*Program Description.* The Program Description and any other materials submitted as supplements thereto, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 *et seq.* 3. Appendix A to part 272, State Requirements, is amended by revising the listing for “New York” to read as follows: Appendix A to Part 272—State Requirements New York The regulatory provisions include: Title 6, New York Codes, Rules and Regulations (6 NYCRR), Volume A-2A, Hazardous Waste Management System, as amended through April 10, 2004. Please note the following:

(1)The State's official regulations, as amended through April 10, 2004, contain typographical and printing errors that were not in the State's regulations submitted for authorization. New York subsequently corrected these errors in its official “Supplement”, dated July 15, 2005, filed with the New York Secretary of State. EPA recognizes the corrected provisions as part of the authorized program. The authorized provisions for which typographical and printing errors in the April 10, 2004 regulations have been corrected are noted below by inclusion in parentheses of July 15, 2005 after the regulatory citation.

(2)For a few regulations, the authorized regulation is an earlier version of the New York State regulation. For these regulations, EPA authorized the version of the regulations that appear in the Official Compilation of Code, Rules and Regulations dated January 31, 1992 or January 1, 1999. New York State made later changes to these regulations but these changes have not been authorized by EPA. The regulations where the authorized regulation is an earlier version of the regulation are noted below by inclusion in parentheses of January 31, 1992 or January 1, 1999 after the regulatory citations. Part 370—Hazardous Waste Management System—General: Sections 370.1(a) (except (a)(3)); 370.1(b) through (d); 370.1(e) (except (e)(1)(xv), (e)(1)(xvi) and (e)(6)(ii) through (iii)); 370.2(a); 370.2(b)(1) through (b)(15) “battery”; 370.2(b)(15) “bedrock” (January 31, 1992); 370.2(b)(17)-(b)(54); 370.2(b)(56) through (b)(71); 370.2(b)(72) (July 15, 2005); 370.2(b)(73) through (b)(91); 370.2(b)(94) through (b)(104); 370.2(b)(106) through (b)(122); 370.2(b)(123) and

(124)(July 15, 2005); 370.2(b)(126) through (b)(187); 370.2(b)(188) (July 15, 2005); 370.2(b)(189) through (b)(212); 370(b)(214) and (b)(215); 370.2(b)(216) (except the last sentence); 370.2(b)(217) through (b)(220); 370.3 (except 370.3(c)); 370.4 (except 370.4(a)(1)(i) through (v)); 370.4(a)(1)(i) through

(v)(July 15, 2005); 370.5 (except (b)). Part 371—Identification and Listing of Hazardous Waste: Sections 371.1(a) through (c); 371.1(d) (except (d)(1)(ii)(e)); 371.1(e) (except 371.1(e)(2)(vi)('b')(21); 371.1(f)(1) through (7); 371.1(f)(8) (except the phrase “or such mixing occurs at a facility regulated under Subpart 373-4 or permitted under Part 373 of this Title”); 371.1(f)(9) and (f)(10); 371.1(g)(1)(i); 371.1(g)(1)(ii) (except (g)(1)(ii)(c)); 371.1(g)(1)(iii) (except (g)(1)(iii)(a)); 371.1(g)(1)(iii)(a) (except the phrase “as defined in section 372.5 of this Title, and provide a copy of”) (January 1, 1999); 371.1(g)(2) through (4); 371.1(h) through (j); 371.2; 371.3; and 371.4(a) and (b); 371.4(c) (except K171 and K172 entries); 371.4(c), K171 and K172 entries (July 15, 2005); 371.4(d),

(f)and (i). Part 372—Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities: Sections 372.1(a) through (d); 372.1(e)(2)(ii)(c) (January 31, 1992); 372.1(e)(2)(iii)(c) (January 31, 1992); 372.1(e)(3) through (e)(8); 372.1(g) and (h); 372.2 (except (a)(8)(vi)); 372.3 (except (a)(1), (a)(4), (a)(7)(i), (a)(8), (b)(1)(ii), (b)(5)(ii), (b)(6)(iv), (c)(4) and (d)(3)); 372.5 (except

(h)and (i); 372.6; 372.7(a) and (b); 372.7(c) (except (c)(1)(ii)); and 372.7(d) (except (d)(4)); 372.7(d)(4) (January 31, 1992). Part 373, Subpart 373-1—Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements: Sections 373-1.1(a) through (c), 373-1.1(d) (except (d)(1)(iii)(b), (d)(1)(iii)(c)(6), (d)(1)(iii)(d), (d)(1)(iv)(a) and (b), (d)(1)(x), (d)(1)(xvi) and (xviii)); 373-1.1(e); 373-1.1(h) and (i); 373-1.2; 373-1.3; 373-1.4(a); 373-1.4(g) and (h); 373-1.5(a)(1); 373-1.5(a)(2) (except (a)(2)(xviii)); 373-1.5(a)(3) and (4); 373-1.5(b) and (c); 373-1.5(d) (except (d)(3)); 373-1.5(e) through

(p)(except reserved paragraphs); 373-1.6 (except (c)); 373-1.7 through 373-1.9; 373-1.10 (except (a)(1)); 373-1.10(a)(1) (January 1, 1999); and 373-1.11. Part 373, Subpart 373-2—Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities: Sections 373-2.1 through 373-2.4; 373-2.5(a); 373-2.5(b) (except the last sentence in (b)(1)(i)(b) and the entire provision at (b)(1)(vii)); 373-2.5(c) through (g); 373-2.6 through 373-2.9; 373-2.10 (except last sentence in (g)(4)(i)); 373-2.11; 373-2.12 (except 373-2.12(a)(1),

(d)and (g)(2)); 373-2.12(a)(1) (January 31, 1992); 373-2.12(g)(2) (January 31, 1992); 373-2.13; 373-2.14; 373-2.15 (except (a)(2)); 373-2.19; 373-2.23; 373-2.24; 373-2.27; 373-2.28; 373-2.29; 373-2.30; and 373-2.31. Part 373, Subpart 373-3—Interim Status Standards Regulations for Owners and Operators of Hazardous Waste Facilities: Sections 373-3.1 (except 373-3.1(a)(4) and the phrase “or Subpart 374-2 of this Title” in 373-3.1(a)(6)); 373-3.2 through 373-3.4; 373-3.5 (except last sentence in 373-3.5(b)(1)(i)(b) and (b)(1)(vii)); 373-3.6 through 373-3.9; 373-3.10 (except last sentence in (g)(4)(i)); 373-3.11 through 373-3.14; 373-3.15 (except (a)(2)); 373-3.16 through 373-3.18; 373-3.23; and 373-3.27 through 373-3.31. Part 374, Subpart 374-1—Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities: Sections 374-1.1; 374-1.3; 374-1.6 (except (a)(2)(iii)); 374-1.7; 374-1.8(a)(1); 374-1.8(a)(2) (except the second sentence “Such used oil * * * of this Title” in (a)(2)(i)); 374-1.8(a)(3) through (a)(6); 374-1.8(b) through (m); and 374-1.13. Part 374, Subpart 374-3—Standards for Universal Waste: Sections 374-3.1 (except

(f)and (g)); 374-3.2; 374-3.3; 374-3.4 (except (a)(2)); 374-3.5; 374-3.6; and 374-3.7. Part 376—Land Disposal Restrictions: Sections 376.1 (except (a)(5), (a)(9), (b)(1)(xi),

(e)and (f)); 376.2; 376.3 (except (b)(4),

(c)and (d)(2)); 376.4 (except (c)(2) and (e)(1) through (7)); and 376.5. Appendices: Appendices 19 through 25; Appendices 27 through 30; Appendix 33; Appendix 38; Appendices 40 through 49 and Appendices 51 through 55. Copies of the New York regulations that are incorporated by reference are available from West Group, 610 Opperman Drive, Eagan, MN 55123, ATTENTION: D3-10 (Phone #: 1-800-328-9352). [FR Doc. E7-5361 Filed 3-23-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Parts 1515, 1540, 1570, and 1572 [Docket No. TSA-2006-24191; TSA Amendment Nos. 1515—(New), 1540-8, 1570-2, and 1572-7] RIN 1652-AA41 Transportation Worker Identification Credential Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Correction AGENCY: Transportation Security Administration (TSA). ACTION: Final rule; correction. SUMMARY: This document contains corrections to the final rule published in the **Federal Register** on January 25, 2007 (72 FR 3492). That rule requires credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). This rule correction redesignates paragraphs in parts 1515 and 1572. In addition, this rule correction substitutes a word in parts 1540 and 1570 for consistency, deletes a word for clarity in part 1570 and inserts a word in part 1572 to clarify the type of fee. These revisions are necessary to correct typographical errors and to use terms consistently throughout the rule. DATES: Effective March 26, 2007. FOR FURTHER INFORMATION CONTACT: Christine Beyer, TSA-2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220; telephone

(571)227-2657; facsimile

(571)227-1380; e-mail *Christine.Beyer@dhs.gov.* SUPPLEMENTARY INFORMATION: Background On January 25, 2007, the Department of Homeland Security, through TSA and the U.S. Coast Guard (Coast Guard) published a final rule in the **Federal Register** (72 FR 3492) making technical changes to various provisions of chapter XII, title 49 (Transportation) of the Code of Federal Regulations (CFR), and implementing the TWIC program in the maritime sector of the nation's transportation system. The final rule enhances port security by requiring security threat assessments of individuals who have unescorted access to secure areas and improving access control measures to prevent unauthorized individuals from gaining unescorted access to secure areas. The final rule amends existing appeal and waiver procedures, and expands the provisions to apply to TWIC applicants and air cargo personnel. This rule correction document redesignates paragraphs codified in parts 1515.5 and 1572.103, substitutes the word “applicant” for “individual” in parts 1540.201, 1540.203, 1540.205, and 1570.3, deletes a word for clarity in part 1570.3, and inserts the word “fee” in part 1572.401 for clarity. Correction In rule FR Doc. 07-19, published on January 25, 2007 (72 FR 3492), make the following corrections: § 1515.5 [Corrected] 1. On page 3589, in the third column, redesignate paragraphs

(h)and

(i)as paragraphs

(g)and

(h)under § 1515.5 Appeal of Initial Determination of Threat Assessment based on criminal conviction, immigration status, or mental capacity. § 1540.201 [Corrected] 2. On page 3592 in the second column, paragraph (a)(4) under § 1540.201 Applicability and terms used in this subpart, is corrected to read as follows: § 1540.201 Applicability and terms used in this subpart.

(a)* * *

(4)Each applicant applying for unescorted access to cargo under one of the programs described in (a)(1) through (a)(3) of this section. § 1540.203 [Corrected] 3. On page 3592 in the third column, paragraph (b)(2)(ii) under § 1540.203 Operator responsibilities, is corrected to read as follows: § 1540.203 Operator responsibilities.

(b)* * *

(2)* * *

(ii)Current mailing address, including residential address if it differs from the current mailing address, and all other residential addresses for the previous five years, and e-mail address, if the applicant has an e-mail address. § 1540.205 [Corrected] 4. On page 3593 in the first and second columns, paragraph (d), as correctly designated at 72 FR 5633, February 7, 2007, under § 1540.205 Procedures for security threat assessment, is corrected to read as follows: § 1540.205 Procedures for security threat assessment.

(d)*Withdrawal by TSA.* TSA serves a Withdrawal of the Initial Determination of Threat Assessment on the applicant and a Determination of No Security Threat on the operator, if the appeal results in a determination that the applicant does not pose a security threat. § 1570.3 [Corrected] 5. On page 3594 in the first column under § 1570.3 Terms used in this subchapter, the definition of “Initial Determination of Threat Assessment” is corrected to read as follows: § 1570.3 Terms used in this subchapter. *Initial Determination of Threat Assessment* means an initial administrative determination by TSA that an applicant poses a security threat warranting denial of an HME or a TWIC. § 1572.103 [Corrected] 6. On page 3600 through 3601, in the third and first columns respectively, redesignate the second paragraph (b)(2)(xi), paragraph (b)(2)(xii), paragraph (b)(2)(xii), and paragraph (b)(2)(xiv), as paragraphs (b)(2)(xii) through

(xv)respectively, under § 1572.103 Disqualifying criminal offenses. § 1572.401 [Corrected] 7. On page 3603 in the first column, paragraph

(a)under § 1572.401 Fee collection options, is corrected to read as follows: § 1572.401 Fee collection options.

(a)*State collection and transmission.* If a State collects fingerprints and applicant information under 49 CFR part 1572, the State must collect and transmit to TSA the Threat Assessment Fee, in accordance with the requirements of 49 CFR 1572.403. The State also must collect and remit the FBI fee, in accordance with established procedures. Issued in Arlington, Virginia, on March 21, 2007. Mardi Ruth Thompson, Deputy Chief Counsel for Regulations, Transportation Security Administration. [FR Doc. E7-5487 Filed 3-23-07; 8:45 am] BILLING CODE 9110-05-P 72 57 Monday, March 26, 2007 Proposed Rules COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 38 RIN 3038-AC28 Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations AGENCY: Commodity Futures Trading Commission. ACTION: Proposed rule. SUMMARY: The Commission hereby proposes amendments to the Acceptable Practices 1 for section 5(d)(15) (“Core Principle 15”) of the Commodity Exchange Act (“CEA” or “Act”). 2 The amendments clarify the definition of “public director” contained in the Acceptable Practices. 3 The Commission believes that the proposed amendments will remove potential ambiguities and correct a technical drafting error. The amendments are consistent with the Acceptable Practices' intent to ensure the inclusion of truly public directors on designated contract market (“DCM”) boards of directors and Regulatory Oversight Committees (“ROCs”), as well as truly public persons on their disciplinary panels. The Commission welcomes comment on the proposed amendments. 1 The acceptable practices for core principles reside in Appendix B to Part 38 of the Commission's Regulations, 17 CFR Part 38, App. B. 2 The Act is codified at 7 U.S.C. 1 *et seq.* (2000). 3 Those Acceptable Practices were adopted by the Commission on January 31, 2007, 72 FR 6936 (February 14, 2007), after having been originally proposed by the Commission on June 28, 2006, 71 FR 38740 (July 7, 2006). DATES: Comments should be submitted on or before April 25, 2007. ADDRESSES: Comments should be sent to Eileen A. Donovan, Acting Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, N.W., Washington, DC 20581. Comments may be submitted via e-mail at *secretary@cftc.gov.* “Regulatory Governance” must be in the subject field of responses submitted via e-mail, and clearly indicated in written submissions. Comments may also be submitted at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Rachel F. Berdansky, Acting Deputy Director for Market Compliance,

(202)418-5429; or Sebastian Pujol Schott, Special Counsel,

(202)418-5641, Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background On February 14, 2007, the Commission published final Acceptable Practices for Core Principle 15 of the Act. 4 The published Acceptable Practices are the first for Core Principle 15 and are applicable to all DCMs. 5 They pertain to minimizing conflicts of interest in decision making by DCMs, and offer all DCMs a “safe harbor” by which they may minimize such conflicts and thereby comply with Core Principle 15. To receive safe harbor treatment, DCMs must implement the Acceptable Practices' various operational provisions in their entirety, including instituting boards of directors that are composed of at least 35% public directors and establishing oversight of all regulatory functions through ROCs consisting exclusively of public directors. 6 In addition to these operational provisions, the Acceptable Practices also set forth a public director definition. The proposed amendments consist exclusively of revisions to that definition. 4 Core Principle 15 states: “CONFLICTS OF INTEREST—The board of trade shall establish and enforce rules to minimize conflicts of interest in the decisionmaking process of the contract market and establish a process for resolving such conflicts of interest.” CEA § 5(d)(15), 7 U.S.C. 7(d)(15). 5 Any board of trade that is registered with the Securities and Exchange Commission as a national securities exchange, is a national securities association registered pursuant to section 15(A)(a) of the Securities Exchange Act of 1934, or is an alternative trading system, and that operates as a DCM in security futures products under Section 5f of the Act and Commission Regulation 41.31, is exempt from the core principles enumerated in Section 5 of the Act and the acceptable practices thereunder. 6 The Acceptable Practices became effective on March 16, 2007. Existing DCMs were given two years, measured from the effective date, to achieve full compliance with Core Principle 15. II. Need for Clarifying Amendments The Commission proposes to amend two subsections of the Acceptable Practices, Subsections (b)(2)(ii)(B) and (b)(2)(ii)(C), which together with Subsections (b)(2)(i), (b)(2)(ii)(A) and (b)(2)(ii)(D), establish the definition of a DCM public director. 7 In general, the amendments address ambiguities that may arise from those provisions' different uses of the terms “affiliate” and “affiliated.” Such uses include references to corporate affiliation; personal affiliation; affiliation with a DCM member; and affiliation with a firm. The amendments also correct a technical drafting error and define “payments.” The proposed amendments are consistent with the intent of both the proposed and final Acceptable Practices, and should not be interpreted as a diminution in the level of independence that those criteria are intended to ensure for public directors. In light of the nature of these amendments, the Commission does not anticipate that it will be necessary to extend the comment period. 7 Other than Subsections (b)(2)(ii)(B) and (b)(2)(ii)(C), the Commission is not proposing changes to any other provision of the Acceptable Practices for Core Principle 15. III. Description of Clarifying Amendments A. Subsection (b)(2)(ii)(B) Subsection (b)(2)(ii)(B) precludes DCM members, employees of members, and persons “affiliated” with members from service as public directors. As adopted, the Acceptable Practices define “affiliated with a member” as being an officer or director of a member, or having “any other relationship with the member such that his or her impartiality could be called into question in matters concerning the member.” This impartiality provision reflects a qualitative test intended to capture specific disqualifying relationships between individuals and DCM members. The Commission proposes to amend the definition of “affiliated” in Subsection (b)(2)(ii)(B) by removing any reference to the qualitative “impartiality” test outlined above. This eliminates the qualitative test and replaces it with an exact articulation of the relationships that are prohibited under Subsection (b)(2)(ii)(B). Specifically, the amendment states that a person is “affiliated” with a DCM member, and thus disqualified as a public director, if he or she is an “officer, director, or partner of the member.” B. Subsection (b)(2)(ii)(C) Subsection (b)(2)(ii)(C) creates a bright-line, $100,000 combined annual payments test for potential public directors and the firms with which they are affiliated (“payment recipients”). A particular payment's relevance to the $100,000 bright-line test depends upon the source (“payment provider”) and nature of the payment. The Commission proposes to amend this subsection to define “payment;” clarify the term “affiliate,” as used in the subsection; remove the term “affiliated” in referring to certain relationships and replace it with the specific payment providers and recipients that the Commission intends to reach; and correct a technical drafting error. The first amendment defines the nature of “payment,” limiting it to compensation for professional services rendered. The amendment reflects the Commission's intent to capture those persons and firms providing professional services to a DCM and/or its members, as well as the employees, officers, directors, and partners of such firms. The second amendment to Subsection (b)(2)(ii)(C) clarifies the clause “any affiliate of the contract market.” Clarification is provided via explicit cross-reference to Subsection (b)(2)(ii)(A), which defines the affiliates of a contract market to include the parents or subsidiaries of the contract market or entities that share a common parent with the contract market. This proposed amendment is consistent with the Commission's original intent. Two other amendments to Subsection (b)(2)(ii)(C) address payment providers and recipients, resolving potential ambiguities arising from multiple uses of the term “affiliated.” In addition, one of the amendments corrects a drafting error in this subsection which resulted from the inadvertent inclusion of “entity” in the clause “any person or entity affiliated with a member of the contract market” (“member payment-providers provision”). The inclusion of “entity” in the member payment-providers provision resulted in a standard that encompassed a range of payment providers broader than the Commission intended. The Commission proposes to remedy its error by deleting “entity.” With respect to “affiliated,” the Commission notes that the term is not defined in the member payment-providers provision. Potential ambiguity could arise in importing and applying a definition from elsewhere in the Acceptable Practices. Accordingly, the Commission proposes to amend and clarify the member payment-providers provision by replacing the term “affiliated” with a precise articulation of the member payment providers it intends to reach. Consistent with the proposed Acceptable Practices, the Commission proposes to amend the adopted member payment-providers provision so that it refers to payments “from a member or an officer or director of a member* * *.” Similarly, the Commission has determined to specifically define the payment recipients that it intends to reach. In the adopted Acceptable Practices, the relevant recipients include “a firm with which the director is affiliated, as defined above,” implying a cross-reference to Subsection (b)(2)(ii)(B). Furthermore, through this cross-reference, the payment recipients provision incorporates the qualitative impartiality test embedded within the adopted Subsection (b)(2)(ii)(B). 8 8 Discussed in Section III(A) of this preamble. As previously noted, the Commission has determined that the qualitative impartiality test in Subsection (b)(2)(ii)(B) is best replaced with a specific articulation of the relevant relationships. Similarly, the Commission believes that a specific articulation is appropriate with respect to payment recipients in Subsection (b)(2)(ii)(C), both to remove any ambiguities which may exist and to eliminate the cross-reference upon which the payment recipients provision currently relies. Accordingly, the Commission proposes to amend Subsection (b)(2)(ii)(C) to reach payments made to the director and payments made to firms “of which the director is an employee, officer, director, or partner.” Finally, as adopted, the last sentence in Subsection (b)(2)(ii)(C) states, in part, that “compensation for services as a director does not count toward the $100,000 payment limit.” This provision was intended to avoid the dilemma of DCM public directors forfeiting their public director eligibility because of compensation received for serving in such capacity. The Commission notes, however, that proposed changes elsewhere in this Subsection contain new references to various types of directors and that those changes may create uncertainty as to the meaning of “director” in this context. Accordingly, the Commission proposes to insert “of the contract market” after “director,” making clear that compensation for services as a director of the contract market does not count toward the $100,000 payment cap. IV. Related Matters A. Cost-Benefit Analysis Section 15(a) of the Act requires the Commission to consider the costs and benefits of its action before issuing a new regulation or order under the CEA. 9 By its terms, Section 15(a) requires the Commission to “consider the costs and benefits” of a subject rule or order without requiring the Commission to quantify the costs and benefits of its action or to determine whether the benefits of the action outweigh its costs. Section 15(a) requires that the costs and benefits of proposed rules be evaluated in light of five broad areas of market and public concern:

(1)Protection of market participants and the public;

(2)efficiency, competitiveness, and financial integrity of futures markets;

(3)price discovery;

(4)sound risk management practices; and

(5)other public interest considerations. In conducting its analysis, the Commission may, in its discretion, give greater weight to any one of the five enumerated areas of concern and may determine that notwithstanding its costs, a particular rule is necessary or appropriate to protect the public interest or to effectuate any of the provisions or to accomplish any of the purposes of the CEA. 10 9 7 U.S.C. 19(a). 10 *E.g, Fishermen's Dock Co-op., Inc.* v. *Brown.* 75 F.3d 164 (4th Cir. 1996); *Center for Auto Safety* v. *Peck* , 751 F.2d 1336 (D.C. Cir. 1985)(agency has discretion to weigh factors in undertaking costs-benefits analyses). On February 14, 2007, the Commission published final Acceptable Practices for Core Principle 15 that included prophylactic measures designed to minimize conflicts of interest in a DCM's decision making process. 11 The final rulemaking thoroughly considered the costs and benefits of the Acceptable Practices and responded to comments relating to the costs of adhering to their requirements. 11 72 FR 6936 (February 14, 2007). The amendments herein to the adopted Acceptable Practices are proposed to enhance regulatory certainty by addressing potential definitional ambiguities and a drafting error. The removal of such ambiguities will facilitate the inclusion of public directors on DCM governing boards and committees and ensure that DCMs are able to comply with the requirements of the Acceptable Practices. In turn, compliance with the Acceptable Practices will assure DCMs of their compliance with the requirements of Core Principle 15 as they pertain to conflicts of interest in self-regulation and self-regulatory organizations. The amendments should not impose additional costs, but in fact may reduce costs of compliance in light of the removal of ambiguities. They assure that what is intended to be a bright-line test operates as such. After considering the above mentioned factors and issues, the Commission has determined to propose these amendments to the Acceptable Practices of Core Principle 15. The Commission specifically invites public comment on its application of the criteria contained in Section 15(a) of the Act and furthermore invites interested parties to submit any quantifiable data that they may have concerning the costs and benefits of the proposed amendments to the Acceptable Practices of Core Principle 15. B. Paperwork Reduction Act of 1995 These proposed amendments to the Acceptable Practices of Core Principle 15 would not impose any new recordkeeping or information collection requirements, or other collections of information that require approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* Accordingly, the Paperwork Reduction Act does not apply. We solicit comment on the accuracy of our estimate that no additional recordkeeping or information collection requirements or changes to existing collection requirements would result from the amendments proposed herein. C. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , requires federal agencies, in promulgating rules, to consider the impact of those rules on small entities. The proposed amendments to the Acceptable Practices for Core Principle 15 affect DCMs. The Commission has previously determined that DCMs are not small entities for purposes of the Regulatory Flexibility Act. 12 Accordingly, the Chairman, on behalf of the Commission, hereby certifies pursuant to 5 U.S.C. 605(b) that the proposed amendments to the Acceptable Practices will not have a significant economic impact on a substantial number of small entities. 12 *See* Policy Statement and Establishment of Definitions of “Small Entities” for Purposes of the Regulatory Flexibility Act, 47 FR 18618, 18619 (Apr. 30, 1982). V. Text of Proposed Amendments to Acceptable Practices for Core Principle 15 List of Subjects in 17 CFR Part 38 Commodity futures, Reporting and recordkeeping requirements. In light of the foregoing, and pursuant to the authority in the Act, and in particular, Sections 3, 5, 5c(a) and 8a(5) of the Act, the Commission hereby proposes to amend Part 38 of Title 17 of the Code of Federal Regulations as follows: PART 38—DESIGNATED CONTRACT MARKETS 1. The authority citation for part 38 continues to read as follows: Authority: 7 U.S.C. 2, 5, 6, 6c, 7, 7a-2, and 12a, as amended by Appendix E of Pub. L. 106-554, 114 Stat. 2763A-365. 2. In Appendix B to Part 38 amend paragraphs (b)(2)(ii)(B) and (b)(2)(ii)(C) of the Acceptable Practices for Core Principle 15 to read as follows: Appendix B to Part 38—Guidance on, and Acceptable Practices in, Compliance with Core Principles Core Principle 15 of section 5(d) of the Act: CONFLICTS OF INTEREST

(b)* * *

(2)* * *

(ii)* * *

(B)The director is a member of the contract market, or a person employed by or affiliated with a member. “Member” is defined according to Section 1a(24) of the Commodity Exchange Act and Commission Regulation 1.3(q). In this context, a person is “affiliated” with a member if he or she is an officer, director, or partner of the member;

(C)The director, or a firm of which the director is an employee, officer, director or partner, receives more than $100,000 in combined annual payments from the contract market, any affiliate of the contract market, as defined in Subsection (2)(ii)(A), or from a member or an officer or director of a member of the contract market. As used in this Subsection (2)(ii)(C), “payments” means compensation for professional services. Compensation for services as a director of the contract market does not count toward the $100,000 payment limit, nor does deferred compensation for services prior to becoming a director, so long as such compensation is in no way contingent, conditioned, or revocable; Issued in Washington, DC, on March 20, 2007 by the Commission. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. E7-5468 Filed 3-23-07; 8:45 am] BILLING CODE 6351-01-P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 416 [Docket No. SSA-2006-0103] RIN 0960-AF99 Technical Updates to Applicability of the Supplemental Security Income

(SSI)Reduced Benefit Rate for Individuals Residing in Medical Treatment Facilities AGENCY: Social Security Administration (SSA). ACTION: Notice of proposed rulemaking. SUMMARY: We propose to revise our regulations to codify two provisions of the Balanced Budget Act of 1997 that affect the payment of benefits under title XVI of the Social Security Act (the Act). One of the provisions extended temporary institutionalization benefits to children receiving SSI benefits who enter private medical treatment facilities and who otherwise would be ineligible for temporary institutionalization benefits because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term. DATES: To be sure that we consider your comments, we must receive them by May 25, 2007. ADDRESSES: You may give us your comments: by Internet through the Federal eRulemaking Portal at *http://www.regulations.gov* ; by e-mail to *regulations@ssa.gov* ; by telefax to

(410)966-2830; or by letter to the Commissioner of Social Security, PO Box 17703, Baltimore, MD 21235-7703. You may also deliver them to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, between 8 a.m. and 4:30 p.m. on regular business days. Comments are posted on our Internet site. You also may inspect the comments on regular business days by making arrangements with the contact person shown in the preamble. FOR FURTHER INFORMATION CONTACT: Curt Dobbs, Social Insurance Specialist, Office of Income Security Programs, Social Security Administration, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410)965-7963 or TTY

(410)966-5609, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Background The basic purpose of the SSI program is to ensure a minimum level of income to individuals who are age 65 or older, or blind or disabled, and who have limited income and resources. The Balanced Budget Act of 1997 (Public Law 105-33), enacted August 5, 1997, contained two provisions that affected the payment of SSI benefits to certain SSI beneficiaries who are institutionalized. One of the provisions extended temporary institutionalization benefits to children who enter private medical treatment facilities and who otherwise would be subject to a reduced benefit because of private insurance coverage. The other provision removed obsolete terminology in the Act that referred to particular categories of inpatient medical facilities and substituted the broader, more descriptive term “medical treatment facility.” This change in terminology permits us to correct an unintended inequity in the amount of SSI benefits that were payable to certain children under the obsolete terminology. Extending Temporary Institutionalization Benefits to Children Under Age 18 in Private Institutions Residents of public institutions generally are ineligible to receive SSI payments. However, there are some exceptions to this general rule. One exception in section 1611(e)(1)(B) of the Act provides that residents of medical treatment facilities (which we are proposing to define as a facility licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services) may be eligible for SSI if Medicaid pays a substantial part (more than 50 percent) of the cost of the beneficiary's care. In such cases, SSI payments to the resident of the medical treatment facility are limited to a maximum of $30 a month. Another exception in section 1611(e)(1)(G) of the Act allows payment of full SSI benefits for up to 3 full months after entering a public facility if a physician certifies that the recipient's stay in the facility is likely not to exceed 3 months and we determine the recipient needs to continue to maintain and provide for the expenses of the home to which he or she may return. These benefits are referred to as “temporary institutionalization benefits.” The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), enacted August 22, 1996, amended section 1611(e)(1)(B) of the Act to allow children under age 18 who are in medical treatment facilities and who have private health insurance to receive the reduced SSI payment ($30). However, Public Law 104-193 did not amend the statutory provision on temporary institutionalization to extend such benefits to children with private health insurance. Consequently, children who were temporarily in private medical facilities could not be eligible for 3 months of full benefits if private health insurance, or a combination of Medicaid and private health insurance, paid more than 50 percent of the cost of their care. Payments to these children were limited to the reduced benefit amount of no more than $30 a month beginning with their first full month of institutionalization. Section 5522(c) of Public Law 105-33 revised section 1611(e)(1)(G) of the Act to correct this omission. Prior to this revision, section (e)(1)(G) specified that the recipient must be an inmate of either a public institution whose primary purpose is to provide medical or psychiatric care, or a hospital, extended care facility, nursing home, or intermediate care facility that receives payments under a State plan approved under title XIX. As a result of Public Law 105-33, and subject to SSI eligibility and benefit computation rules, those children in private medical facilities for whom private health insurance, or a combination of Medicaid and private health insurance was paying more than 50 percent of the cost of care, now can be eligible for continuation of their full SSI benefits for up to 3 months under section 1611(e)(1)(G) of the Act. For example, when a child who is receiving SSI while living at home goes into a medical treatment facility, and private insurance through the parent's employment pays for more than 50 percent of the cost of care, the child can continue to receive SSI benefits during a temporary institutionalization of up to 3 months. Providing SSI benefits during a temporary period of institutionalization is a provision designed to enable SSI beneficiaries (adult or child) to provide for the expenses of the home where they live and to reduce the risk of losing their place of residence due to a sudden loss of SSI benefits during a temporary period of institutionalization. Revised Terminology for Inpatient Providers Section 5522(c) of Public Law 105-33 also replaced outdated terminology in section 1611(e)(1)(B) of the Act. Prior to this statutory change, section 1611(e)(1)(B) specified certain categories of inpatient providers used in the Medicaid program. In the early years of the SSI program, the terminology “hospital, extended care facility, nursing home, or intermediate care facility” provided a comprehensive list of all possible inpatient settings as defined by the Medicaid program. However, as Medicaid dropped or renamed some of those coverage categories and added new categories, the list in section 1611(e)(1)(B) became obsolete and was no longer used. As a result, prior to Public Law 105-33, children in certain kinds of inpatient facilities were subject to the reduced benefit amount of no more than $30, while children in other kinds of Medicaid covered inpatient facilities could receive the full SSI benefit. For example, Medicaid created the new coverage category of Psychiatric Residential Treatment Facility

(PRTF)for individuals under age 21. PRTFs can receive substantial Medicaid payments, including the room and board payment. Before Public Law 105-33 made this technical amendment, children residing in a PRTF received full SSI benefits because that kind of facility was not listed in section 1611(e)(1)(B) as a facility whose residents would be subject to the $30 payment limit. For many PRTF residents, Medicaid was paying all of their expenses, and yet Public Law 104-193 required payment of the full SSI benefit rate. This situation created an inequity between those children and children in other kinds of Medicaid covered inpatient facilities. This change in terminology now allows for similarly situated children (i.e., children residing in medical treatment facilities where Medicaid is providing for more than 50 percent of the cost of their care) to be paid the same amount of SSI benefits. Explanation of Proposed Changes We propose to make the following changes to our rules to codify provisions of Public Law 105-33 that affect the payment of benefits under title XVI of the Act to individuals who are in institutions: • We propose to revise § 416.212(b)(1) by adding “or private” to the introductory text to reflect the provision that gives full temporary institutionalization benefits to children who enter private medical treatment facilities when Medicaid pays more than 50 percent of the cost of their care. • We propose to revise §§ 416.201 and 416.414(c) to remove the definition for “medical care facility” and replace it with a new definition for “medical treatment facility.” • We propose to amend §§ 416.201, 416.211(b) and (c)(5)(iv), 416.414(a), (b)(2) and (3)(i)-(ii), 416.571, 416.1149(a)(1) and (c)(1)(i)-(ii), 416.1165(g)(6) and (i)(1), 416.1167(a)(2), and 416.1202(b)(2)(i) by eliminating the obsolete terms “medical facility” and “medical care facility” and replacing them with the term “medical treatment facility.” • We propose to amend § 416.708(k) by eliminating the terms “hospital”, “skilled nursing facility”, and “intermediate care facility” and replacing them with the term “medical treatment facility.” Clarity of These Regulations Executive Order 12866, as amended by Executive Order 13258, requires each agency to write all rules in plain language. In addition to comments you may have on these proposed rules, we also invite your comments on how to make these rules easier to understand. For example: • Have we organized the material to suit your needs? • Are the requirements in the rules clearly stated? • Do the rules contain technical language or jargon that is unclear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rules easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rules easier to understand? Regulatory Procedures Executive Order 12866, as Amended by Executive Order 13258 We have consulted with the Office of Management and Budget

(OMB)and determined that these proposed rules meet the criteria for a significant regulatory action under Executive Order 12866, as amended by Executive Order 13258. Thus, they were reviewed by OMB. Regulatory Flexibility Act We certify that these proposed rules will not have a significant economic impact on a substantial number of small entities as they affect individuals only. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act In order to codify two provisions of the Balanced Budget Act of 1997, we are proposing to revise our regulations that affect the payment of benefits under title XVI of the Act. One of the provisions extended temporary institutionalization benefits to children who enter private medical treatment facilities and who otherwise would be subject to a reduced benefit because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term. As a result, we are amending the terminology in § 416.708

(k)by eliminating the terms “hospital”, “skilled nursing facility”, and “intermediate care facility” and replacing them with the term “medical treatment facility.” As outlined below this section contains specific public reporting requirements that require clearance under the Paperwork Reduction Act of 1995. Respondents to this collection are SSI recipients who are admitted to, or discharged from, a medical treatment facility or other public or private institution. Title/section & collection description Annual number of respondents Frequency of response Average burden per response (minutes) Estimated annual burden (hours) What you must report 416.708(k) Admission to or discharge from:

(1)A medical treatment facility, 34,200 1 7 3,990

(2)A public institution, or

(3)A private institution An Information Collection Request has been submitted to OMB for clearance. We are soliciting comments on the burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility and clarity; and on ways to minimize the burden on respondents, including the use of automated collection techniques or other forms of information technology. Comments should be sent to OMB by fax or by email to: Office of Management and Budget, *Attn:* Desk Officer for SSA, *Fax Number:* 202-395-6974, *Email address:* *OIRA_Submission@omb.eop.gov* . Comments can be received for up to 60 days after publication of this notice and will be most useful if received within 30 days of publication. This does not affect the deadline for the public to comment to SSA on the proposed regulations. These information collection requirements will not become effective until approved by OMB. When OMB has approved these information collection requirements, SSA will publish a notice in the **Federal Register** . To receive a copy of the OMB clearance package, your staff may call the SSA Reports Clearance Officer on 410-965-0454. (Catalog of Federal Domestic Assistance Program No. 96.006, Supplemental Security Income) List of Subjects in 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: December 13, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. For the reasons set out in the preamble, we propose to amend subparts B, D, E, G, K, and L of part 416 of chapter III of title 20 of the Code of Federal Regulations as follows: PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart B—[Amended] 1. The authority citation for subpart B of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C. 902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 1382h note). 2. Section 416.201 is amended by removing the definition of “Medical care facility” and adding a definition of “Medical treatment facility” in alphabetical order to read as follows: § 416.201 General definitions and terms used in this subpart. *Medical treatment facility* means an institution or that part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services. §§ 416.201 and 416.211 [Amended] 3. In 20 CFR part 416, subpart B, remove the words “medical facility” and “medical care facility” each time they appear and add in their place the words “medical treatment facility” in the following places: a. Section 416.201 in the definitions of “Medical care facility” and “Public emergency shelter for the homeless”; and b. Section 416.211(b) and (c)(5)(iv). 4. Section 416.212 is amended by revising the introductory text in paragraph (b)(1) to read as follows: § 416.212 Continuation of full benefits in certain cases of medical confinement.

(b)* * *

(1)Subject to eligibility and regular computation rules (see subparts B and D of this part), you are eligible for the benefits payable under section 1611(e)(1)(G) of the Social Security Act for up to 3 full months of medical confinement during which your benefits would otherwise be suspended because of residence in a public institution or reduced because of residence in a public or private institution where Medicaid pays a substantial part (more than 50 percent) of the cost of your care or, if you are a child under age 18, reduced because of residence in a public or private institution which receives payments under a health insurance policy issued by a private provider, or a combination of Medicaid and a health insurance policy issued by a private provider, pay a substantial part (more than 50 percent) of the cost of your care if— Subpart D—[Amended] 5. The authority citation for subpart D of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611(a), (b), (c), and (e), 1612, 1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382(a), (b), (c), and (e), 1382a, 1382f, and 1383). 6. Section 416.414 is amended by revising the section heading and paragraph

(c)to read as follows: § 416.414 Amount of benefits; eligible individual or eligible couple in a medical treatment facility.

(c)*Definition.* For purposes of this section, a *medical treatment facility* means an institution or that part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services. § 416.414 [Amended] 7. In addition to the amendment set forth above, in 20 CFR part 416, subpart D, remove the words “medical facility” and “medical care facility” and add in their place the words “medical treatment facility” in § 416.414(a), (b)(2), and (b)(3)(i) through (ii). Subpart E—[Amended] 8. The authority citation for subpart E of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e), and 1631(a)-(d) and

(g)of the Social Security Act (42 U.S.C. 902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d) and (g)); 31 U.S.C. 3720A. § 416.571 [Amended] 9. In 20 CFR part 416, subpart E, remove the words “medical facility” wherever they appear and add in their place the words “medical treatment facility” in § 416.571. Subpart G—[Amended] 10. The authority citation for subpart G of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 1382c, and 1383); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). 11. Section 416.708 is amended by revising paragraph

(k)to read as follows: § 416.708 What you must report.

(k)*Admission to or discharge from a medical treatment facility, public institution, or private institution.* You must report to us your admission to or discharge from—

(1)A medical treatment facility; or

(2)A public institution (defined in § 416.201); or

(3)A private institution. *Private institution* means an institution as defined in § 416.201 which is not administered by or the responsibility of a governmental unit. Subpart K—[Amended] 12. The authority citation for subpart K of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383 and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). §§ 416.1149, 416.1165 and 416.1167 [Amended] 13. In 20 CFR part 416, subpart K, remove the words “medical facility” and “medical care facility” and add in their place the words “medical treatment facility” in the following places: a. Section 416.1149(a)(1) and (c)(1)(i) through (ii); b. Section 416.1165(g)(6) and (i)(1); and c. Section 416.1167(a)(2). Subpart L—[Amended] 14. The authority citation for subpart L of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631 and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383 and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). § 416.1202 [Amended] 15. In 20 CFR part 416, subpart L, remove the words “medical facility” and “medical care facility” and add in their place the words “medical treatment facility” in § 416.1202(b)(2)(i). [FR Doc. E7-5134 Filed 3-23-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 19 and 20 RIN 2900-AM49 Supplemental Statement of the Case AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs

(VA)proposes to amend its regulations regarding the time limit for filing a response to a Supplemental Statement of the Case in appeals to the Board of Veterans' Appeals (Board). We propose to change the response period from 60 days to 30 days. The purpose of this change is to improve efficiency in the appeals process and reduce the time that it takes to resolve appeals while still providing appellants with a reasonable period to respond to a Supplemental Statement of the Case. DATES: Comments must be received by VA on or before May 25, 2007. ADDRESSES: Written comments may be submitted through *http://www.Regulations.gov;* by mail or hand-delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to

(202)273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AM49—Supplemental Statement of the Case.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call

(202)273-9515 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov* . FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice Chairman, Board of Veterans' Appeals (012), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)565-5978. SUPPLEMENTARY INFORMATION: The Board is an administrative body within VA that decides appeals from denials by Agencies of Original Jurisdiction

(AOJs)of claims for veterans' benefits, as well as occasional cases of original jurisdiction. The Board is under the administrative control and supervision of a Chairman who is directly responsible to the Secretary of Veterans Affairs. 38 U.S.C. 7101(a). The Board's Appeals Regulations and Rules of Practice are found at 38 CFR parts 19 and 20. An appeal to the Board is initiated by a timely filed Notice of Disagreement and completed (also called “perfected”) by a timely filed Substantive Appeal after a Statement of the Case is furnished. 38 U.S.C. 7105(a); 38 CFR 20.200. Under applicable law, the AOJ provides notice of any decision made by VA affecting the payment of benefits or the granting of relief. 38 U.S.C. 5104; 38 CFR 3.103(b)(1). The claimant has one year from the date of mailing that notice to file a Notice of Disagreement. 38 U.S.C. 7105(b)(1); 38 CFR 20.302(a). Following receipt of a timely Notice of Disagreement, the AOJ will prepare a Statement of the Case, which must include:

(1)A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed;

(2)a citation to pertinent laws and regulations and a discussion of how such laws and regulations affected the AOJ's decision; and

(3)the AOJ decision on each issue and a summary of the reasons for such decision. 38 U.S.C. 7105(d)(1); 38 CFR 19.29. Except in cases of simultaneously contested claims, the claimant has 60 days to file a Substantive Appeal in response to the Statement of the Case or the remainder of the one-year period from the date of notice of the decision being appealed, whichever period ends later. 38 U.S.C. 7105(d)(3); 38 CFR 20.302(b)(1). In simultaneously contested claims, a Substantive Appeal and any response to a Supplemental Statement of the Case must be filed within 30 days from the date of mailing of the Statement of the Case and Supplemental Statement of the Case, respectively. 38 U.S.C. 7105, 7105A(b); 38 CFR 20.501(b) and (c). Often, the AOJ receives additional evidence in support of the appeal after the Statement of the Case was issued but before the appeal is certified for appellate review and transferred to the Board. If the additional evidence is new (i.e., not duplicative of evidence previously of record that was discussed in the Statement of the Case or a prior Supplemental Statement of the Case) and relevant to the appeal, the AOJ will prepare a document known as a Supplemental Statement of the Case and furnish a copy to the appellant and his or her representative, if any. 38 CFR 19.31(b)(1), 19.37(a). The purpose of a Supplemental Statement of the Case is to inform the appellant of any material changes in, or additions to, the information included in the Statement of the Case or any prior Supplemental Statement of the Case. 38 CFR 19.31(a). A Supplemental Statement of the Case will also be furnished if the AOJ discovers a material defect in the Statement of the Case or a prior Supplemental Statement of the Case, or determines that for any other reason the Statement of the Case or a prior Supplemental Statement of the Case is inadequate. 38 CFR 19.31(b). Additionally, if an appeal is remanded by the Board to the AOJ and a claim cannot be granted on remand, a Supplemental Statement of the Case is generally provided to the appellant regarding that issue. 38 CFR 19.31(c), 19.38. Thereafter, the case is returned to the Board. Currently, 38 CFR 19.38, 20.302(c), and 20.303 provide information regarding the Supplemental Statement of the Case. These regulations indicate that appellants are allowed a period of 60 days from the date of mailing of the Supplemental Statement of the Case to submit a response. Moreover, under 38 CFR 20.303, an extension of the 60-day period for responding to the Supplemental Statement of the Case, when such a response is required, may be granted for good cause. We propose to change the 60-day period in each of these regulations to 30 days, to help expedite the appeals process while still providing appellants with a reasonable period to respond. We believe that the beneficial effects of the amendment will significantly outweigh any potential adverse effects on appellants and we are soliciting comments on this point. Unlike the Statement of the Case, which must contain specific information about the evidence and issues in the case, the applicable laws and regulations, and the reasons for each determination, a Supplemental Statement of the Case is not required to contain the same degree of detail. As its name implies, a Supplemental Statement of the Case is a supplement to the Statement of the Case. The document is intended to inform the appellant of any material changes to, or additions to, the information included in the Statement of the Case. 38 CFR 19.31(a). In no case will a Supplemental Statement of the Case be used to announce AOJ decisions on issues that were not previously addressed in a Statement of the Case. 38 CFR 19.31(a). Therefore, due to the limited purpose of a Supplemental Statement of the Case, less time should be needed to respond to a Supplemental Statement of the Case as compared to the Statement of the Case. In addition, under this proposed rule change, an extension of the 30-day period for responding to a Supplemental Statement of the Case may still be granted for good cause. 38 CFR 20.303. Significantly, provided that a Substantive Appeal has been timely filed in accordance with 38 CFR 20.302(b), a response to a Supplemental Statement of the Case is strictly optional and is not required to perfect an appeal. 38 CFR 20.302(c). If there is no response to the Supplemental Statement of the Case within the allowed period, any remaining processing of the case can be completed and the appeal can be certified and transferred to the Board. In practice, VA adjudicators will hold the case for the full response period to allow the appellant every opportunity to respond to the Supplemental Statement of the Case. By reducing the response period from 60 days to 30 days, VA can allow the case to move forward faster than under current regulations, thus helping expedite the adjudication of appealed cases. In addition to the 30-day period to respond to the Supplemental Statement of the Case, once his or her appeal has been certified and transferred to the Board, the appellant typically still has 90 days to submit further evidence. 38 CFR 20.1304(a). Although 38 CFR 20.1304(a) states that the appellant has 90 days or until the Board promulgates a decision to submit evidence, as a practical matter, with the exception of a limited class of cases, such as cases that were advanced on the Board's docket pursuant to 38 U.S.C. 7107(a), the Board generally does not decide cases until after the 90-day period has passed. This effectively provides most appellants with the full 90 days to submit additional evidence. Moreover, under § 20.1304(b), even after the 90-day period expires an appellant may still move to submit additional evidence if he or she can demonstrate good cause for the delayed submission. This proposed rule would not affect the statutorily provided 60-day period to respond to a Statement of the Case. Rather, this proposed rule change is confined to the Supplemental Statement of the Case, which is a document created solely by VA regulation to describe VA's AOJ activity when, most commonly, after a Statement of the Case was issued but before the appeal is certified and transferred to the Board, non-duplicative evidence is received that is relevant to the issue or issues on appeal, or when the AOJ plans to return a case to the Board following a Board remand for further development. For the reasons stated above, we propose to change the 60 day period to respond to a Supplemental Statement of the Case to 30 days in 38 CFR 19.38, 20.302(c), and 20.303. Paperwork Reduction Act This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521). Regulatory Flexibility Act The Secretary hereby certifies that this proposed rule would 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. By reducing the period allowed for submitting an optional response to a Supplemental Statement of the Case to 30 days, this proposed rule would affect claimants for VA benefits who appeal to the Board. It may also affect a few small organizations appealing to the Board, including attorneys appealing the cancellation of their accreditation by the VA General Counsel and accredited attorneys appealing decisions affecting payment of their fees out of past-due benefits awarded to VA claimants. This proposed rule may also affect a few small governmental jurisdictions appealing to the Board, such as state agencies appealing VA decisions on per diem payments for services provided to veterans in state homes. However, reducing the period permitted for submitting an optional response to a Supplemental Statement of the Case would not have a significant economic impact on a substantial number of these small entities. Rather, it would expedite the processing of their appeals to the Board. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirement of 5 U.S.C. 603 and 604. 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 Executive Order classifies a “significant regulatory action,” requiring review by the Office of Management and Budget

(OMB)unless OMB waives such review, as any regulatory action that is likely to result in a rule that may:

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined and it has been determined not to be a significant regulatory action under Executive Order 12866. 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 one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector. Catalog of Federal Domestic Assistance Numbers The Catalog of Federal Domestic Assistance program numbers and titles for this proposal are 64.100, Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces; 64.101, Burial Expenses Allowance for Veterans; 64.102, Compensation for Service-Connected Deaths for Veterans' Dependents; 64.103, Life Insurance for Veterans; 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.106, Specially Adapted Housing for Disabled Veterans; 64.109, Veterans Compensation for Service-Connected Disability; 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death; 64.114, Veterans Housing-Guaranteed and Insured Loans; 64.115, Veterans Information and Assistance; 64.116, Vocational Rehabilitation for Disabled Veterans; 64.117, Survivors and Dependents Educational Assistance; 64.118, Veterans Housing-Direct Loans for Certain Disabled Veterans; 64.119, Veterans Housing-Manufactured Home Loans; 64.120, Post-Vietnam Era Veterans' Educational Assistance; 64.124, All-Volunteer Force Educational Assistance; 64.125, Vocational and Educational Counseling for Servicemembers and Veterans; 64.126, Native American Veteran Direct Loan Program; 64.127, Monthly Allowance for Children of Vietnam Veterans Born with Spina Bifida; and 64.128, Vocational Training and Rehabilitation for Vietnam Veterans' Children with Spina Bifida or Other Covered Birth Defects. List of Subjects in 38 CFR Parts 19 and 20 Administrative practice and procedure, Claims, Veterans. Approved: November 30, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set forth in the preamble, VA proposes to amend 38 CFR parts 19 and 20 as follows: PART 19—BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS 1. The authority citation for part 19 continues to read as follows: Authority: 38 U.S.C. 501(a), unless otherwise noted. Subpart B—Appeals Processing by Agency of Original Jurisdiction § 19.38 [Amended] 2. Section 19.38 is amended by removing “60-day” and adding, in its place, “30-day”. PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE 3. The authority citation for part 20 continues to read as follows: Authority: 38 U.S.C. 501(a) and as noted in specific sections. Subpart D—Filing § 20.302 [Amended] 4. Section 20.302(c) is amended by removing “60” and adding, in its place, “30”. § 20.303 [Amended] 5. Section 20.303 is amended by removing “or the 60-day period for responding to a Supplemental Statement of the Case” and adding, in its place, “or the 30-day period for responding to a Supplemental Statement of the Case”. [FR Doc. E7-5435 Filed 3-23-07; 8:45 am] BILLING CODE 8320-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 272 [EPA-R02-RCRA-2006-0518; FRL-8278-1 New York: Incorporation by Reference of State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA proposes to revise the codification of New York's authorized hazardous waste program which is set forth in the regulations entitled “Approved State Hazardous Waste Management Programs”, New York's authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations

(CFR)those provisions of the State regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, as amended and commonly referred to as the Resource Conservative and Recovery Act (RCRA). In the “Rules and Regulations” section of this **Federal Register** , the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date indicated, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Comments must be received on or before April 25, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-RCRA-2006-0518, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail:* *infurna.michael@epa.gov.* • *Fax:*

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The Federal *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 *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 or any form of encryption, and be free of any defects or viruses. (For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* ). Docket: All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available on in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy. You can inspect the records related to this codification effort in the EPA Region 2 Library by appointment only. To make an appointment please call

(212)637-3185. FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd floor, New York, NY 10007; telephone number

(212)637-4177; fax number:

(212)637-437; e-mail address: *infurna.michael@epa.gov.* SUPPLEMENTARY INFORMATION: For additional information please see the immediate final rule published in the “Rules and Regulations” section of this **Federal Register** . Dated: January 4, 2007. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. 07-1454 Filed 3-23-07; 8:45 am]

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