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Code · REGISTER · 2007-04-24 · Unknown

Unknown. Final rule; correction

31,190 words·~142 min read·/register/2007/04/24/07-1979·

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-04-24.xml --- 72 78 Tuesday, April 24, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 20341-20343 07-2012 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:
Parachute with skirt reefing system, 20331 07-2022 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 20343-20344 E7-7732 Children Children and Families Administration NOTICES Meetings: People with Intellectual Disabilities, President's Committee, 20344 E7-7759 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Kentucky, 20322-20323 E7-7698 Coast Guard Coast Guard RULES Merchant marine officers and seamen:
Large passenger vessels; crew requirements, 20278-20286 E7-7696 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Dominican Republic-Central American Free Trade Agreement; commercial availability— Cotton/polyester circular knit fleece fabrics, 20329-20330 E7-7787 Copyright Copyright Office, Library of Congress NOTICES Reports and guidance documents; availability, etc.:
Cable and satellite statutory licenses; operation of and continued necessity; report to Congress; correction, 20374 E7-7731 Defense Defense Department See Army Department NOTICES Base realignments and closures; list, 20330-20331 07-2025 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 20331-20332 E7-7734 E7-7737 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Camaco, LLC, 20366-20367 E7-7726 Hitachi Electronic Devices (USA), Inc., et al., 20367 E7-7725 Missbrenner Prints, Inc., et al., 20367-20369 E7-7722 Shafer Electronics Co. et al., 20369-20371 E7-7723 US Global Flag LLC, Inc., et al., 20371 E7-7721 Valspar-Furniture Sales Group & International Color Design Center et al., 20371-20372 E7-7724 Agency information collection activities; proposals, submissions, and approvals, 20372-20373 E7-7689 Energy Energy Department See Energy Efficiency and Renewable Energy Office NOTICES Presidential permit applications:
British Columbia Transmission Corp., 20332-20333 E7-7753 Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program: Liebherr Hausgerate; waiver from electric refrigerator and refrigerator-freezer test procedures, 20333-20335 E7-7757 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Surface coating of automobiles, light-duty trucks, and plastic parts and products, 20227-20237 E7-7760 Air pollution control; new motor vehicles and engines:
Motor vehicles; fuel economy labeling and estimate calculations; correction, 20403 C6-9749 Air programs: Fuels and fuel additives— St. Louis, Illinois-Missouri ozone nonattainment area; Illinois Reformulated Gasoline Program extension, 20237-20242 E7-7777 PROPOSED RULES Air pollutants, hazardous; national emission standards: Surface coating of automobiles, light-duty trucks, and plastic parts and products, 20302-20304 E7-7758 Solid wastes: Safe and environmentally sound recycling and resource conservation; and solid waste definition revisions, 20304-20305 E7-7761 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20335-20336 E7-7773 E7-7776 Meetings:
Clean Air Scientific Advisory Committee; teleconference, 20336-20337 E7-7774 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 20289-20291 E7-7733 Avions Marcel Dassault-Breguet, 20293-20296 E7-7741 Diamond Aircraft Industries GmbH, 20296-20298 E7-7752 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 20291-20293 E7-7736 Piaggio Aero Industries S.p.A., 20298-20300 E7-7754 SOCATA-Groupe Aerospatiale, 20300-20302 E7-7756 FCC Federal Communications Commission NOTICES Meetings;
Sunshine Act, 20337-20338 07-2049 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 20243-20278 07-1978 07-1979 Federal Highway Federal Highway Administration NOTICES Federal agency actions on proposed highways; judicial review claims: Yakima County, WA; Yakima grade separation, 20399-20400 E7-7829 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Fluvial arctic grayling, 20305-20314 E7-7484 NOTICES Comprehensive conservation plans; availability, etc.:
Kirwin National Wildlife Refuge, KS, 20360 E7-7740 Endangered and threatened species permit applications, determinations, etc., 20360-20362 E7-7748 Food Food and Drug Administration RULES Medical devices: Obstetrical and gynecological devices— Computerized labor monitoring system; classification, 20225-20227 E7-7702 NOTICES Human drugs: Best Pharmaceuticals for Children Act— Pediatric studies; CELEBREX, etc.; medical and clinical pharmacology review summaries; availability, 20344-20345 E7-7717 Reports and guidance documents; availability, etc.:
Computerized labor monitoring systems; Class II special controls; industry and FDA staff guidance, 20345-20346 E7-7700 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20318-20319 E7-7715 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Louisiana M-I L.L.C.; barite grinding and milling facilities, 20323 E7-7784 Texas M-I L.L.C.; barite grinding and milling facilities, 20323-20324 E7-7783 Forest Forest Service NOTICES Environmental statements; notice of intent:
Shasta-Trinity National Forest, CA, 20319-20321 07-2018 Meetings: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 20321 07-2014 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20321-20322 E7-7750 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:
American Health Information Community, 20338-20340 07-2005 07-2006 07-2007 07-2008 07-2009 07-2010 Minority Health Advisory Committee, 20340-20341 E7-7790 Special Exposure Cohort; employee class designations: Nevada Test Site, 20341 07-2002 07-2003 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20346 E7-7762 Committees; establishment, renewal, termination, etc.: Interdisciplinary, Community-Based Linkages Advisory Committee, 20346-20347 E7-7792 Meetings:
Interdisciplinary, Community-Based Linkages Advisory Committee, 20347 E7-7781 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES FHA programs; introduction: Uniform physical condition standards and physical inspection requirements; physical inspection report response time, 20406-20408 E7-7706 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20354-20358 E7-7703 E7-7704 E7-7708 E7-7709 E7-7714 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:
American Indians Into Psychology Program; correction, 20347-20348 07-2013 Industry Industry and Security Bureau RULES Export administration regulations: Commerce Control List— DEA contact information, Libyan designation rescission and intercepting devices controls, and North Korean luxury goods exports; revisions and correction, 20221-20223 E7-7730 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20358-20359 E7-7707 Environmental statements; notice of intent:
Summit and Wasatch Counties, UT; Central Utah Project water conversion from irrigation to municipal and industrial use, 20359-20360 E7-7749 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Idaho Falls District, 20362 E7-7751 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 20321 07-2014 Legal Legal Services Corporation NOTICES Meetings;
Sunshine Act, 20374 07-2052 Library Library of Congress See Copyright Office, Library of Congress Minerals Minerals Management Service NOTICES Meetings: Royalty Policy Committee, 20362 E7-7718 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.: Ford Motor Co., 20400-20401 E7-7719 National Institute National Institute of Standards and Technology NOTICES Meetings: Voice over Internet protocol utilization for communication between public safety personnel; roundtable workshop, 20324 E7-7785 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 20348 E7-7786 Meetings:
Advisory Committee to Director, 20348 07-2032 National Cancer Institute, 20348-20349 07-2034 National Eye Institute, 20349 07-2036 National Heart, Lung, and Blood Institute, 20349 07-2038 National Institute of Allergy and Infectious Diseases, 20352 07-2039 National Institute of Child Health and Human Development, 20350 07-2026 National Institute of Diabetes and Digestive and Kidney Diseases, 20350-20351 07-2030 National Institute of Environmental Health Sciences, 20350 07-2029 National Institute of General Medical Sciences, 20351-20352 07-2033 National Institute on Alcohol Abuse and Alcoholism, 20350, 20352 07-2028 07-2037 Scientific Review Center, 20352-20354 07-2035 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Northeastern United States fisheries— Yellowtail flounder, 20287-20288 E7-7789 PROPOSED RULES Fishery and conservation management: West Coast States and Western Pacific fisheries— Pacific salmon; correction, 20403 C7-1946 Fishery conservation and management: Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 20314-20317 07-2016 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Vandenberg Air Force Base, CA; harbor activities related to Delta IV/Evolved Expendable Launch Vehicle; small numbers of marine mammals, 20324-20328 E7-7788 Meetings:
New England Fishery Management Council; correction, 20328-20329 E7-7778 South Atlantic Fishery Management Council; canceled, 20329 E7-7779 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20363-20364 07-2019 Environmental statements; availability, etc.: Badlands National Park, SD; general management plan, 20364 E7-7744 Environmental statements; notice of intent: Badlands National Park, SD; general management plan, 20364-20365 07-2020 Environmental statements; record of decision:
Grand Teton National Park, WY; transportation plan, 20365-20366 E7-7739 Niobrara National Scenic River, NE; general management plan, 20366 E7-7745 Utah Museum of Natural History, University of Utah, UT; construction and operation, 20366 E7-7742 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 20374-20375 07-2050 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 20375 07-2046 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 20375-20389 E7-7534 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 20373-20374 E7-7727 E7-7728 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Service NOTICES National Historic Preservation Act: 30th Street Main Post Office, Philadelphia, PA; property disposition, 20389-20390 E7-7814 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Dutch-American Friendship Day (Proc. 8128), 20419-20420 07-2058 National Day of Prayer (Proc. 8129), 20421-20422 07-2059 Small Business Week (Proc. 8127), 20415-20418 07-2057 Presidio Presidio Trust NOTICES Meetings, 20390 E7-7738 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 20390-20391 E7-7716 Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20402 E7-7755 SEC Securities and Exchange Commission RULES Securities:
Broker-dealer Forms BD and BDW; technical amendments, 20223-20225 E7-7746 Securities listed on Nasdaq Capital Market tier of NASDAQ Stock Market LLC; designation as covered securities, 20410-20414 E7-7713 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20391-20392 E7-7710 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 20392-20395 E7-7711 NASDAQ Stock Market LLC, 20395-20396 E7-7729 New York Stock Exchange LLC, 20396-20399 E7-7712 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20399 E7-7808 Substance Substance Abuse and Mental Health Services Administration NOTICES Opioid treatment programs; certification revocations:
New Horizon Rehabilitation Services et al., 20354 07-1994 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES World Trade Organization: European Union— Romania and Bulgaria; tariff concessions and applied duties; potential withdrawal and increase due to EU enlargement; hearing canceled, 20389 E7-7809 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration Separate Parts In This Issue Part II Housing and Urban Development Department, 20406-20408 E7-7706 Part III Securities and Exchange Commission, 20410-20414 E7-7713 Part IV Executive Office of the President, Presidential Documents, 20415-20422 07-2057 07-2058 07-2059 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 78 Tuesday April 24, 2007 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 732, 742, 746, and 774 [Docket No. 070313058-7059-01] RIN 0694-AE00 Revisions and Technical Correction to the Export Administration Regulations AGENCY:
Bureau of Industry and Security, Commerce. ACTION: Final rule; correction. SUMMARY: This rule amends the Export Administration Regulations
(EAR)by making a technical correction to the contact information for the Drug Enforcement Administration. In addition, this rule amends the EAR by making corrections inadvertently omitted in three rules previously published in the **Federal Register** : the August 31, 2006, final rule implementing the rescission of Libya's designation as a state sponsor of terrorism; the November 20, 2006, final rule imposing foreign policy controls on surreptitious communications intercepting devices; and the January 26, 2007, final rule imposing restrictions on exports and reexports of luxury goods to the Democratic People's Republic of Korea (North Korea). DATES: This rule is effective April 24, 2007. ADDRESSES: Although this is a final rule, comments are welcome and should be sent to *publiccomments@bis.doc.gov* , fax
(202)482-3355, or to Regulatory Policy Division, Bureau of Industry and Security, Room H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer to regulatory identification number
(RIN)0694-AE00 in all comments, and in the subject line of e-mail comments. Comments on the collection of information should be sent to David Rostker, Office of Management and Budget (OMB), by e-mail to *David_Rostker@omb.eop.gov* , or by fax to
(202)395-7285. FOR FURTHER INFORMATION CONTACT: Steven Emme, Regulatory Policy Division, Bureau of Industry and Security, Telephone:
(202)482-2440. SUPPLEMENTARY INFORMATION: This rule makes corrections to the Export Administration Regulations
(EAR)as described below. Drug Enforcement Administration Contact Information Previously, the International Chemical Control Unit and the International Drug Unit of the Drug Enforcement Administration
(DEA)oversaw the import and export of listed chemicals used in the production of controlled substances. However, those units of the DEA have merged to form the Office of Diversion Control, Import-Export Unit. As such, the contact information for the DEA is updated in Supplement No. 3 to part 730. This rule removes the contact information for the International Chemical Control Unit and the International Drug Unit of the DEA and replaces them with the contact information for the “Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit”. Moreover, the telephone number, fax number, and the URL for the homepage of said office of the DEA are included by inserting “Tel.
(202)307-4916, Fax:
(202)307-4702, Internet: *http://www.deadiversion.usdoj.gov/imp_exp/index.html* ” for “Chemicals” and “Tel.
(202)307-7182 or
(202)307-7181, Fax:
(202)307-7503, Internet: *http://www.deadiversion.usdoj.gov/imp_exp/index.html* .” for “Controlled Substances”. Rescission of Libya's Status as a State Terrorism Sponsor The August 31, 2006, final rule (71 FR 51714) implemented the rescission of Libya's designation as a state sponsor of terrorism. To reflect that change, this rule removes remaining associations between Libya and the group of terrorist supporting countries that were inadvertently not removed in the August 31, 2006, final rule. In Supplement No. 2 to Part 742, “Libya” is removed from the title of “Anti-Terrorism Controls: Iran, Libya, North Korea, Syria and Sudan Contract Sanctity Dates and Related Policies”. Moreover, “Libya” is removed from the introductory text to paragraph
(27)of Supplement No. 2 to Part 742, which previously stated: “For Iran, Syria, Sudan, North Korea, or Libya a license is required for all such equipment described in ECCNs 3B001 and 3B991.”. Surreptitious Listening Devices In regard to the November 20, 2006, final rule (71 FR 67034) imposing foreign policy controls on surreptitious communications intercepting devices, this rule corrects the heading to the Export Control Classification Number
(ECCN)5A980 for surreptitious listening devices. The heading of ECCN 5A980, which previously read as “Communications intercepting devices; and parts and accessories therefor.”, is removed and replaced with “Devices primarily useful for the surreptitious interception of wire, oral, or electronic communications; and parts and accessories therefor.”. Restriction of Luxury Goods to North Korea This rule corrects punctuation, wording, and a mislabeled citation, as well as specific ECCNs, with respect to the January 26, 2007, final rule (72 FR 3722) imposing restrictions on exports and reexports of luxury goods to North Korea. First, in § 732.3, the phrase “Cuba, Iran, Iraq, North Korea, and Rwanda” is amended in the first sentence of the introductory text of paragraph
(i)to change the “and” to an “or”. Also, the introductory text to section 746.4(a) is corrected by adding a parenthesis to the end of the sentence. Moreover, the introductory text to Supplement No. 1 to part 746 is rephrased to clarify the wording and correct the citation. Thus, it reads “The following further amplifies the illustrative list of goods set forth in § 746.4(b)(1):” rather than “The following further amplifies the illustrative of list luxury goods set forth in § 746.4(c):”. Additionally, the January 26, 2007, final rule on North Korea further omitted necessary changes to exports or reexports of machetes under ECCN 0A988 and to certain microprocessors in ECCN 3A991. This rule corrects ECCN 0A988 by including North Korea in the license requirement for machetes. As such, the third sentence under “Control(s)”, which distinguishes machete controls from conventional military steel helmet controls is deleted, and the second sentence is revised to read: “A license is required for conventional military steel helmets as described by 0A018.d.1 and for machetes to Iraq, North Korea, and Rwanda.”. For ECCN 3A991, the first of two License Requirements Notes provided for a No License Required designation for certain microprocessors with a “Composite Theoretical Performance * * * below 550 MTOPS” that are exported or reexported to North Korea. This rule corrects that oversight by removing the first License Requirements Note. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006, 71 FR 44551 (August 7, 2006), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. Rulemaking Requirements 1. This final rule has been determined to be not significant for purposes of E.O. 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget
(OMB)Control Number. This rule involves a collection of information subject to the requirements of the PRA. This collection has previously been approved by OMB under control number 0694-0088 (Multi-Purpose Application), which carries a burden hour estimate of 58 minutes to prepare and submit form BIS-748. This rule is not expected to result in any change for collection purposes. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Steven Emme, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects 15 CFR Part 730 Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials. 15 CFR Part 732 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 742 Exports, Terrorism. 15 CFR Parts 746 and 774 Exports, Reporting and recordkeeping requirements. Accordingly, parts 730, 732, 742, 746, and 774 of the Export Administration Regulations (15 CFR parts 730-799) are corrected by making the following correcting amendments: PART 730—[AMENDED] 1. The authority citation for 15 CFR part 730 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note, Pub. L. 108-175; 22 U.S.C. 3201 *et seq.* ; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p.133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). 2. Supplement No. 3 to part 730 is amended by revising the “Drugs, Chemicals and Precursors” section to read as follows: Supplement No. 3 to Part 730—Other U.S. Government Departments and Agencies With Export Control Responsibilities Drugs, Chemicals and Precursors Chemicals: Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit, Tel.
(202)307-4916, Fax: 202-307-4702, Internet: *http://www.deadiversion.usdoj.gov/imp_exp/index.html* . 21 CFR Parts 1311 Through 1313 Controlled Substances: Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit, Tel.
(202)307-7182 or
(202)307-7181, Fax:
(202)307-7503, Internet: *http://www.deadiversion.usdoj.gov/imp_exp/index.html* . 21 CFR Parts 1311 Through 1313 Drugs and Biologics: Food and Drug Administration, Import/Export, Tel.
(301)594-3150, Fax:
(301)594-0165. 21 U.S.C. 301 *et seq* . Investigational drugs permitted: Food and Drug Administration, International Affairs, Tel.
(301)443-4480, Fax:
(301)443-0235. 21 CFR 312.1106 PART 732—[AMENDED] 3. The authority citation for 15 CFR part 732 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). § 732.3 [Amended] 4. Section 732.3 is amended by revising the phrase “Cuba, Iran, Iraq, North Korea, and Rwanda” in the first sentence of the introductory text of paragraph
(i)to read “Cuba, Iran, Iraq, North Korea, or Rwanda”. PART 742—[AMENDED] 5. The authority citation for 15 CFR part 742 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 18 U.S.C. 2510 *et seq.* ; 22 U.S.C. 3201 *et seq.* ; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; Sec 1503, Pub.L. 108-11,117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). 6. Supplement No. 2 to part 742, Anti-Terrorism Controls: Iran, Libya, North Korea, Syria and Sudan Contract Sanctity Dates and Related Policies, is amended: a. By revising the heading as set forth below; b. By revising the first sentence of paragraph (c)(27), to read as follows: Supplement No. 2 to Part 742—Anti-Terrorism Controls: Iran, North Korea, Syria and Sudan Contract Sanctity Dates and Related Policies
(c)* * *
(27)*Semiconductor manufacturing equipment.* For Iran, Syria, Sudan, or North Korea, a license is required for all such equipment described in ECCNs 3B001 and 3B991. PART 746—[AMENDED] 7. The authority citation for 15 CFR part 746 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C. 6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899, January 16, 2007. § 746.4 [Amended] 8. In paragraph
(a)of § 746.4, correct the phrase “as EAR99 (definitions in part 772 of the EAR.” to read “as EAR99 (definitions in part 772 of the EAR).”. 9. In Supplement No. 1 to part 746-Examples of Luxury Goods, amend the introductory text to read as follows: Supplement No. 1 to Part 746—Examples of Luxury Goods The following further amplifies the illustrative list of luxury goods set forth in § 746.4(b)(1): PART 774—[AMENDED] 12. The authority citation for 15 CFR part 774 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 10 U.S.C. 7420; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 *et seq.* ; 22 U.S.C. 287c, 22 U.S.C. 3201 *et seq.* , 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). Supplement No. 1 to Part 774—The Commerce Control List—[Amended] 13. In Supplement No. 1 to part 774, Category 0—“Nuclear Materials, Facilities, and Equipment [and Miscellaneous Items]” is amended by revising the “License Requirements” section of ECCN 0A988 to read as follows: 0A988 Conventional military steel helmets as described by 0A018.d.1; and machetes. License Requirements *Reason for Control:* UN. *Control(s):* UN applies to entire entry. A license is required for conventional military steel helmets as described by 0A018.d.1 and for machetes to Iraq, North Korea, and Rwanda. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information. 14. In Supplement No. 1 to part 774, Category 3—“Electronics” is amended by revising the “License Requirements Notes” section of 3A991 to read as follows: 3A991 Electronic devices and components not controlled by 3A001. *License Requirements Notes:* See 744.17 of the EAR for additional license requirements for commodities classified as 3A991.a.1. 15. In Supplement No. 1 to part 774 (the Commerce Control List), Category 5—Telecommunications, ECCN 5A980 is amended by revising the Heading to read as follows: 5A980 Devices primarily useful for the surreptitious interception of wire, oral, or electronic communications; and parts and accessories therefor. Dated: April 18, 2007. Eileen Albanese, Director, Office of Exporter Services. [FR Doc. E7-7730 Filed 4-23-07; 8:45 am] BILLING CODE 3510-33-P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 249 [Release No. 34-55643] Technical Amendments to Form BD and Form BDW AGENCY: Securities and Exchange Commission. ACTION: Final rule; technical amendments. SUMMARY: The Securities and Exchange Commission (“Commission” or “SEC”) is making technical amendments to Form BD and Form BDW, the uniform broker-dealer registration form and the uniform request for withdrawal from broker-dealer registration, respectively. The technical amendments will update the current list of self-regulatory organizations (“SROs”) and government jurisdictions listed on Form BD and Form BDW, and make conforming changes to the definition “jurisdiction” in the forms. DATES: *Effective Date:* April 23, 2007. FOR FURTHER INFORMATION CONTACT: Paula Jenson, Deputy Chief Counsel, or Haimera Workie, Branch Chief, at
(202)551-5550, Office of the Chief Counsel, Division of Market Regulation, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. SUPPLEMENTARY INFORMATION: Form BD requires an applicant or registrant to indicate the SRO and governmental jurisdiction with which it is registering or registered. For a “partial withdrawal,” 1 Form BDW requires the applicant to specify the SRO and governmental jurisdiction from which it is withdrawing. 2 The Commission is making technical amendments to Item 2 of Form BD and Item 3 of Form BDW to update the list of governmental jurisdictions to include the United States Virgin Islands, and to update the list of SROs to include The NASDAQ Stock Market LLC and the International Securities Exchange, LLC, as well as to reflect the name change of The Cincinnati Stock Exchange, Inc. to National Stock Exchange, Inc. 3 and the name change of the Pacific Exchange, Inc. to NYSE Arca, Inc. 4 In addition, we are making conforming changes to the definition of “jurisdiction” to include the United States Virgin Islands. “Jurisdiction” will be defined as: “A state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any subdivision or regulatory body thereof.” 1 A “full withdrawal” terminates registration with the SEC, all SROs, and all jurisdictions. However, a “partial withdrawal” terminates registration with specific jurisdictions and SROs, but does not terminate registration with the SEC and at least one SRO and jurisdiction. 2 Section 15(b) of the Securities Exchange Act of 1934 (“Exchange Act”) provides that broker-dealers can register and withdraw from registration under procedures developed by the Commission. Exchange Act Rule 15b1-1 requires that an application for registration of a broker or dealer that is filed pursuant to Section 15(b) of the Exchange Act be filed on Form BD in accordance with the instructions on the form. Exchange Act Rule 15b6-1 requires that a notice of withdrawal from registration as a broker or dealer filed pursuant to Section 15(b) of the Exchange Act be filed on Form BDW in accordance with the instructions on the form. 3 Exchange Act Rel. No. 48774 (November 12, 2003), 68 FR 65332 (November 19, 2003). 4 Exchange Act Rel. No. 53615 (April 7, 2006), 71 FR 19226 (April 13, 2006). I. Certain Findings Under the Administrative Procedure Act (“APA”), notice of proposed rulemaking is not required when the agency, for good cause, finds “that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 The Commission is making technical amendments to Item 2 of Form BD and Item 3 of Form BDW in light of the formation of or name changes to SROs and in light of new requirements for broker-dealer registration in the United States Virgin Islands. 6 The Commission is also making conforming amendments to the definition of “jurisdiction” to include the United States Virgin Islands. These technical amendments will update the currently out-of-date list of SROs and government jurisdictions contained in Form BD and Form BDW, as well as provide related changes to the definition of “jurisdiction” in the forms. The Commission, therefore, finds that publishing the amendments for comment is unnecessary. 7 5 5 U.S.C. 553(b). 6 The United States Virgin Islands Uniform Securities Act of 2004 (“Uniform Securities Act”) became effective on February 12, 2005. *See* 9 V.I. CODE ANN. §§ 601-672 (2004). The Uniform Securities Act requires registration by broker-dealers. *See* 9 V.I CODE ANN. § 631. Prior to the enactment of the Uniform Securities Act, the United States Virgin Islands did not have regulations that addressed broker-dealer registration and therefore it was not included as a jurisdiction on Form BD and Form BDW. Adding the United States Virgin Islands onto the list of jurisdictions would facilitate the use of these forms by broker-dealers and would eliminate the need for separate paper filings of registration forms by broker-dealers in the United States Virgin Islands. 7 For similar reasons, the amendments do not require analysis under the Regulatory Flexibility Act or analysis of major rule status under the Small Business Regulatory Enforcement Fairness Act. *See* 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility Act analyses, the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking); 5 U.S.C. 804(3)(C) (for purposes of Congressional review of agency rulemaking, the term “rule” does not include any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties). Publication of a substantive rule not less than 30 days before its effective date is required by the APA except as otherwise provided by the agency for good cause. 8 For the same reasons described above with respect to notice and opportunity for comment, the Commission finds that there is good cause for making these technical amendments effective on April 23, 2007. 8 5 U.S.C. 553(d). II. Consideration of Promotion of Efficiency, Competition, and Capital Formation Section 3(f) of the Exchange Act, 9 provides that whenever the Commission is engaged in rulemaking and is required to consider or determine whether an action is necessary or appropriate in the public interest, the Commission shall consider, in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation. In addition, Section 23(a)(2) of the Exchange Act requires the Commission, in adopting rules under the Exchange Act, to consider the anticompetitive effects of such rules, if any, and to refrain from adopting a rule that would impose a burden on competition not necessarily or appropriate in furtherance of the purposes of the Exchange Act. 10 9 15 U.S.C. 78c(f). 10 15 U.S.C. 78w(a)(2). Because the amendments are limited to technical amendments, we do not anticipate that any competitive advantages or disadvantages would be created. We do not expect the amendments, as technical amendments, to have a significant effect on efficiency, or on capital formation or the capital markets resulting from any obligations imposed by the Commission. As previously noted, however, there will be some increased efficiency in the administration of the United States Virgin Islands regulations because adding the United States Virgin Islands to the list of jurisdictions will facilitate the use of these forms by broker-dealers doing business in that jurisdiction and will eliminate the need for separate paper filings of registration forms by these broker-dealers. III. Statutory Authority We are adopting the technical amendments to Forms BD and BDW under the authority set forth in the Exchange Act and, in particular, Sections 15(a), 15(b), 17(a), and 23(a) therein. 11 11 15 U.S.C. 78o(a), 78o(b), 78q(a), and 78w(a). Text of Form Amendments List of Subjects in 17 CFR Part 249 Broker-dealers, Reporting and recordkeeping requirements, Securities. For the reasons set out in the preamble, 17 CFR part 249 is amended as follows: PART 249—FORMS, SECURITIES EXCHANGE ACT OF 1934 1. The authority citation for Part 249 continues to read in part as follows: Authority: 15 U.S.C. 78a, *et seq.* and 7201 *et seq.* ; and 18 U.S.C. 1350, unless otherwise noted. § 249.501 [Amended] 2. Form BD (referenced in § 249.501) is amended by: a. In the Explanation of Terms, 1. General section, revising “JURISDICTION—A state, the District of Columbia, the Commonwealth of Puerto Rico, or any subdivision or regulatory body thereof.” to read “JURISDICTION—A state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any subdivision or regulatory body thereof.”; and b. In Item 2, revising the SRO and Jurisdiction tables. The revision reads as follows: Form BD 2. * * * S ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐___ R O AMEX BSE CBOE CHX NSX NASD NQX NYSE PHLX ARCA ISE OTHER (specify) J ☐ Alabama ☐ Hawaii ☐ Michigan ☐ North Carolina ☐ Texas U ☐ Alaska ☐ Idaho ☐ Minnesota ☐ North Dakota ☐ Utah R ☐ Arizona ☐ Illinois ☐ Mississippi ☐ Ohio ☐ Vermont I ☐ Arkansas ☐ Indiana ☐ Missouri ☐ Oklahoma ☐ Virgin Islands S ☐ California ☐ Iowa ☐ Montana ☐ Oregon ☐ Virginia D ☐ Colorado ☐ Kansas ☐ Nebraska ☐ Pennsylvania ☐ Washington I ☐ Connecticut ☐ Kentucky ☐ Nevada ☐ Puerto Rico ☐ West Virginia C ☐ Delaware ☐ Louisiana ☐ New Hampshire ☐ Rhode Island ☐ Wisconsin T ☐ District of Columbia ☐ Maine ☐ New Jersey ☐ South Carolina ☐ Wyoming I ☐ Florida ☐ Maryland ☐ New Mexico ☐ South Dakota O ☐ Georgia ☐ Massachusetts ☐ New York ☐ Tennessee N 3. Form BDW (referenced in § 249.501a) is amended by: a. In the Explanation of Terms section, revising “The term JURISDICTION means a state, the District of Columbia, the Commonwealth of Puerto Rico, or any subdivision or regulatory body thereof.” to read “The term JURISDICTION means a state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any subdivision or regulatory body thereof.”; and b. In Item 3, revising the SRO and Jurisdiction tables. The revision reads as follows: Form BDW 3. * * * S ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐___ R O AMEX BSE CBOE CHX NSX NASD NQX NYSE PHLX ARCA ISE OTHER (specify) J ☐ Alabama ☐ Hawaii ☐ Michigan ☐ North Carolina ☐ Texas U ☐ Alaska ☐ Idaho ☐ Minnesota ☐ North Dakota ☐ Utah R ☐ Arizona ☐ Illinois ☐ Mississippi ☐ Ohio ☐ Vermont I ☐ Arkansas ☐ Indiana ☐ Missouri ☐ Oklahoma ☐ Virgin Islands S ☐ California ☐ Iowa ☐ Montana ☐ Oregon ☐ Virginia D ☐ Colorado ☐ Kansas ☐ Nebraska ☐ Pennsylvania ☐ Washington I ☐ Connecticut ☐ Kentucky ☐ Nevada ☐ Puerto Rico ☐ West Virginia C ☐ Delaware ☐ Louisiana ☐ New Hampshire ☐ Rhode Island ☐ Wisconsin T ☐ District of Columbia ☐ Maine ☐ New Jersey ☐ South Carolina ☐ Wyoming I ☐ Florida ☐ Maryland ☐ New Mexico ☐ South Dakota O ☐ Georgia ☐ Massachusetts ☐ New York ☐ Tennessee N By the Commission. Dated: April 19, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-7746 Filed 4-23-07; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 884 [Docket No. 2007N-0120] Medical Devices; Obstetrical and Gynecological Devices; Classification of Computerized Labor Monitoring System AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is classifying the computerized labor monitoring systems into class II (special controls). Elsewhere in this issue of the **Federal Register** , FDA is announcing the availability of a guidance document entitled, “Guidance for Industry and FDA Staff; Class II Special Controls Guidance Document: Computerized Labor Monitoring Systems,” which will serve as the special controls for these devices. The agency is classifying these devices into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of these devices. DATES: This rule is effective May 24, 2007. The classification was effective January 30, 2007. FOR FURTHER INFORMATION CONTACT: Glenn Bell, Center for Devices and Radiological Health (HFZ-470), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-4100. SUPPLEMENTARY INFORMATION: I. What is The Background Of This Rulemaking? In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976, the date of enactment of the Medical Device Amendments of 1976 (the amendments), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval, unless the device is classified or reclassified into class I or class II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the act, to a predicate device that does not require premarket approval. The agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of FDA's regulations. Section 513(f)(2) of the act provides that any person who submits a premarket notification under section 510(k) of the act for a device that has not previously been classified may, within 30 days after receiving an order classifying the device in class III under section 513(f)(1) of the act, request FDA to classify the device under the criteria set forth in section 513(a)(1) of the act. FDA shall, within 60 days of receiving such a request, classify the device by written order. This classification shall be the initial classification of the device type. Within 30 days after the issuance of an order classifying the device, FDA must publish a notice in the **Federal Register** announcing such classification (section 513(f)(2) of the act). In accordance with section 513(f)(1) of the act, FDA issued an order on October 5, 2006, classifying the Computerized Labor Monitoring System in class III, because it was not substantially equivalent to a device that was introduced or delivered for introduction into interstate commerce for commercial distribution before May 28, 1976, or a device that was subsequently reclassified into class I or class II. Barnev Ltd. submitted a petition dated October 15, 2006, requesting classification of the Computerized Labor Monitoring System under section 513(f)(2) of the act. The manufacturer recommended that the device be classified into class II (Ref. 1). In accordance with section 513(f)(2) of the act, FDA reviewed the petition in order to classify the device under the criteria for classification set forth in 513(a)(1) of the act. Devices are to be classified into class II if general controls, by themselves, are insufficient to provide reasonable assurance of safety and effectiveness, but there is sufficient information to establish special controls to provide reasonable assurance of the safety and effectiveness of the device for its intended use. After review of the information submitted in the petition, FDA determined that computerized labor monitoring systems can be classified into class II with the establishment of special controls. FDA believes that these special controls, in addition to general controls, are adequate to provide reasonable assurance of the safety and effectiveness of the device. The device is assigned the generic name “Computerized Labor Monitoring System.” It is identified as a system intended to continuously measure cervical dilation and fetal head descent and provide a display that indicates the progress of labor. The computerized labor monitoring system includes a monitor and ultrasound transducers. Ultrasound transducers are placed on the maternal abdomen and cervix and on the fetal scalp to provide the matrix of measurements used to produce the display. FDA has identified the risks to health associated with this type of device as— A. Patient Injury—tissue injury or bleeding to baby or mother B. Electrical Hazards—electrical shock C. Acoustical (ultrasound) Tissue Damage—acoustical heating of tissue due to ultrasound D. Electromagnetic Interference and Electrostatic Discharge Hazards—electromagnetic emissions interfering with other medical devices or electromagnetic susceptibility causing the device to function improperly due to emissions of other devices E. Mismanagement of Patient—unattended birth or improper clinical decisions based on device output information F. Adverse Tissue Reaction—adverse tissue reaction to bio-incompatible materials G. Infection - bacterial, viral, or fungal infection of baby or mother FDA believes that the class II special controls guidance document will aid in mitigating the potential risks to health as described in table 1 of this document. **Table 1.—Risks to Health and Mitigation Measures** Identified Risk Mitigation Measures Patient Injury Nonclinical Analysis and Testing Software Clinical Information Labeling Electrical Hazards Nonclinical Analysis and Testing Electrical Safety Labeling Acoustical (ultrasound) Tissue Damage Nonclinical Analysis and Testing Ultrasound Safety Labeling Electromagnetic Interference and Electrostatic Discharge Hazards Electromagnetic Compatibility Labeling Mismanagement of Patient Nonclinical Analysis and Testing Software Clinical Information Labeling Adverse Tissue Reaction Biocompatibility Infection Sterilization Information FDA believes that the special controls, in addition to general controls, address the risks to health identified previously and provide reasonable assurances of the safety and effectiveness of the device type. Thus, on January 30, 2007, FDA issued an order to the petitioner classifying the device into class II. FDA is codifying this classification at 21 CFR 884.2800. Following the effective date of the final classification rule, manufacturers will need to address the issues covered in the special controls guidance. However, the manufacturer need only show that its device meets the recommendations of the guidance or in some other way provides equivalent assurance of safety and effectiveness. Section 510(m) of the act provides that FDA may exempt a class II device from the premarket notification requirement under 510(k) of the act, if FDA determines that premarket notification is not necessary to provide reasonable assurance of the safety and effectiveness of the device. For this type of device, FDA has determined that premarket notification is necessary to provide reasonable assurance of the safety and effectiveness of the device and, therefore, the type of device is not exempt from premarket notification requirements. Persons who intend to market this type of device must submit to FDA a premarket notification, prior to marketing the device, which contains information about the computerized labor monitoring system they intend to market. II. What is The Environmental Impact Of This Rule? The agency has determined under 21 CFR 25.34(b) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Thus, neither an environmental assessment nor an environmental impact statement is required. III. What is The Economic Impact Of This Rule? FDA has examined the impacts of the final rule under Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). 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 agency believes that this final rule is not a significant regulatory action under the Executive order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because classification of this device into class II will relieve manufacturers of the cost of complying with the premarket approval requirements of section 515 of the act (21 U.S.C. 360e), and may permit small potential competitors to enter the marketplace by lowering their costs, the agency certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing ``any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.'' The current threshold after adjustment for inflation is $122 million, using the most current
(2005)Implicit Price Deflator for the Gross Domestic Product. FDA does not expect this final rule to result in any 1-year expenditure that would meet or exceed this amount. IV. Does This Final Rule Have Federalism Implications? FDA has analyzed this final rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the rule does not contain policies that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the agency has concluded that the rule does not contain policies that have federalism implications as defined in the Executive order and, consequently, a federalism summary impact statement is not required. V. How Does This Rule Comply with the Paperwork Reduction Act of 1995? This final rule contains no collections of information. Therefore, clearance by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 is not required. VI. What References are on Display? The following reference has been placed on display in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. Petition from Barnev Ltd., dated October 15, 2006. List of Subjects in 21 CFR Part 884 Medical devices. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 884 is amended as follows: PART 884-OBSTETRICAL AND GYNECOLOGICAL DEVICES 1. The authority citation for 21 CFR part 884 continues to read as follows: Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371. 2. Section 884.2800 is added to subpart C to read as follows: § 884.2800 Computerized Labor Monitoring System.
(a)*Identification* . A computerized labor monitoring system is a system intended to continuously measure cervical dilation and fetal head descent and provide a display that indicates the progress of labor. The computerized labor monitoring system includes a monitor and ultrasound transducers. Ultrasound transducers are placed on the maternal abdomen and cervix and on the fetal scalp to provide the matrix of measurements used to produce the display.
(b)*Classification* . Class II (special controls). The special controls are the FDA guidance document entitled: “Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Computerized Labor Monitoring Systems.” See § 884.1(e) for availability of this guidance document. Dated: April 13, 2007. Linda S. Kahan, Deputy Director, Center for Devices and Radiological Health. [FR Doc. E7-7702 Filed 4-23-07; 8:45 am] BILLING CODE 4160-01-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2002-0093; FRL-8304-2] RIN 2060-AN10 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks; National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action on amendments to the National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks (Automobiles and Light-Duty Trucks NESHAP) which were promulgated on April 26, 2004, under the authority of section 112(d) of the Clean Air Act. The direct final rule amends provisions in the Automobiles and Light-Duty Trucks NESHAP to clarify the interaction between the Automobiles and Light-Duty Trucks NESHAP and the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products (Plastic Parts NESHAP), to clarify the meaning of certain regulatory provisions, and to correct certain errors identified in the regulatory text. EPA is also taking direct final action on amendments to the Plastic Parts NESHAP to clarify that screen printing is not subject to that rule. DATES: The direct final rule is effective on June 25, 2007 without further notice, unless EPA receives adverse written comment or a public hearing is requested. If we receive adverse comment or a request for a public hearing, we will publish a timely withdrawal in the **Federal Register** informing the public that this rule, or the relevant provisions of this rule, will not take effect. Written comments must be received on or before May 24, 2007 unless a public hearing is requested by May 4, 2007. If a public hearing is requested, written comments must be received on or before June 8, 2007. If anyone contacts EPA requesting to speak at a public hearing, a public hearing will be held on May 9, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0093, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-docket@epa.gov* and *salman.dave@epa.gov* . • *Fax:*
(202)566-1741 and
(919)541-0246. • *Mail:* U.S. Postal Service, send comments to: Air and Radiation Docket (6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. • *Hand Delivery:* In person or by courier, deliver comments to: Air and Radiation Docket (6102T), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). *Instructions.* Direct your comments to Docket ID No. EPA-HQ-OAR-2002-0093. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be confidential business information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *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, 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 *www.regulations.gov* or in hard copy at the Air and Radiation Docket, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air and Radiation Docket is
(202)566-1742. FOR FURTHER INFORMATION CONTACT: For further information contact Mr. David Salman, EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Research Triangle Park, NC 27711; telephone number
(919)541-0859; fax number
(919)541-0246; e-mail address: *salman.dave@epa.gov* . SUPPLEMENTARY INFORMATION: *Why is EPA using a direct final rule* ? EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. This direct final rule amends provisions in the Automobiles and Light-Duty Trucks NESHAP to clarify the interaction between the Automobiles and Light-Duty Trucks NESHAP and the Plastic Parts NESHAP, to clarify the meaning of certain regulatory provisions, and to correct certain errors identified in the regulatory text. The direct final rule also amends the Plastic Parts NESHAP to clarify that screen printing is not subject to that rule. However, in the “Proposed Rules” section of today's **Federal Register** , we are publishing a separate document that will serve as the proposed rule if adverse comments are received on this direct final rule or a public hearing is requested, and the direct final rule is, therefore, withdrawn. We will not institute a second comment period on the proposed rule. Any parties interested in commenting must do so at this time. For further information about commenting on this direct final rule, see the ADDRESSES section of this document. If EPA receives adverse comment or a public hearing is requested, we will publish a timely withdrawal in the **Federal Register** informing the public that this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. If we receive adverse comment on a distinct provision of this rulemaking, we will publish a timely withdrawal in the **Federal Register** indicating which provisions we are withdrawing. The provisions that are not withdrawn will become effective on the date set out above, notwithstanding adverse comment on any other provision. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. *Regulated Entities.* Categories and entities potentially regulated by this action include: Category NAICS* code Examples of potentially regulated entities Industry 336111 Automobile manufacturing. 336112 Light truck and utility vehicle manufacturing. 336211 Motor vehicle body manufacturing. 336120 Heavy duty truck manufacturing. 323113 Commercial screen printing. * North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria of the rule. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. *Worldwide Web (WWW).* In addition to being available in the docket, an electronic copy of today's direct final action will also be available on the WWW through the Technology Transfer Network (TTN). Following the Administrator's signature, a copy of the NESHAP will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at *http://www.epa.gov/ttn/oarpg/* . The TTN at EPA's Web site provides information and technology exchange in various areas of air pollution control. *Public Hearing.* If a public hearing is held, it will be held at 10 a.m. at the EPA's Environmental Research Center Auditorium, Research Triangle Park, NC, or at an alternate site nearby. *Judicial Review.* Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of the direct final rule amendments is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by June 25, 2007. Moreover, under section 307(b)(2) of the CAA, the requirements established by the direct final rule amendments may not be challenged separately in any civil or criminal proceeding brought by EPA to enforce these requirements. *Outline.* The information presented in this preamble is organized as follows: I. Background II. Amendments A. Applicability B. Recordkeeping C. Electrodeposition Primer D. Transfer Efficiency E. Equations F. Monitoring G. Uncounted Capture and Control H. Definitions III. Statutory and Executive Order Reviews A. Executive Order 12866, Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility D. Unfunded Mandates Reform Act E. Executive Order 13132, Federalism F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Congressional Review Act I. Background On April 26, 2004, we issued the final Automobiles and Light-Duty Trucks NESHAP (69 FR 22602). The final NESHAP established standards to control organic hazardous air pollutant
(HAP)emissions from new and existing automobile and light-duty truck surface coating operations. This action amends the final Automobiles and Light-Duty Trucks NESHAP to clarify the interaction between that rule and the Plastic Parts NESHAP, to clarify the meaning of certain regulatory provisions, and to correct certain errors in the regulatory text. On April 19, 2004, we issued the final Plastic Parts NESHAP (69 FR 20968). The final NESHAP established standards to control organic hazardous air pollutant
(HAP)emissions from new and existing plastic parts coating operations. Today's action amends the Plastic Parts NESHAP to clarify that screen printing is not subject to that rule. None of the amendments will have any effect on the stringency of the rules. II. Amendments All of the amendments discussed below are amendments to the Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII), except for one amendment to the Plastic Parts NESHAP (40 CFR part 63, subpart PPPP) which is discussed at the end of section II.A. “ *Applicability* .” A. Applicability Plastic or composite body parts are used in many automobiles and light-duty trucks. These parts are typically fabricated (molded, stamped, formed, etc.) and prime coated at plastic or composites molding facilities, and then sent to automobile or light-duty truck assembly facilities where they receive an additional prime coat and topcoat. The coating activities at plastic or composites molding facilities were considered in the development of the Plastic Parts NESHAP (40 CFR part 63, subpart PPPP) and are subject to that regulation. The coating activities at automobile or light-duty truck assembly facilities were considered in the development of the final Automobiles and Light-Duty Trucks NESHAP and are subject to that regulation. The application of “topcoat to new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks” is used as an applicability criterion in 40 CFR 63.3081(b) of the final Automobiles and Light-Duty Trucks NESHAP. The intent of this applicability criterion was to keep the coating of plastic or composite body parts at plastic or composites molding facilities, which is subject to the Plastic Parts NESHAP, from being subject to the Automobiles and Light-Duty Trucks NESHAP. The structure of this applicability criterion was based on our knowledge, at the time, of the application of prime coat to plastic or composite body parts at plastic or composites molding facilities. Specifically, at the time we developed the applicability criterion, we were unaware of any application of topcoat to plastic or composite body parts occurring at plastic or composites molding facilities. We have since learned that there is some application of topcoat to plastic or composite body parts at plastic or composites molding facilities. The applicability criterion in 40 CFR 63.3081(b) of the Automobiles and Light-Duty Trucks NESHAP, therefore, could have the unintended consequence of making coating at plastic and composite molding facilities subject to Automobiles and Light-Duty Trucks NESHAP. We have amended 40 CFR 63.3081(b) and added a definition of “plastic or composites molding facility” to clarify that the application of topcoat to plastic or composite body parts at a plastic or composites molding facility does not trigger applicability of this subpart as long as all of the body parts topcoated at the plastic or composites molding facility for use in new automobiles or new light-duty trucks were fabricated (molded, stamped, formed, etc.) at that facility or at another plastic or composites molding facility with the same owner or operator, none of the new vehicles in which these body parts are used are assembled at the plastic or composites molding facility, and the plastic or composites molding facility does not topcoat all of the body parts for any single new automobile or new light-duty truck. We are also amending the Plastic Parts NESHAP because there has been some confusion as to whether that NESHAP regulates screen printing. Specifically, the definition of the term “coating” in the Plastic Parts NESHAP includes the word “ink.” Some screen printing is done on plastic. Screen printing on plastic, however, is part of the printing and publishing source category. The printing and publishing source category is addressed in the National Emission Standards for the Printing and Publishing Industry (40 CFR part 63, subpart KK). We are, therefore, amending 40 CFR 63.4481 of the Plastic Parts NESHAP to clarify that screen printing is not subject to the Plastic Parts NESHAP. B. Recordkeeping After publication of the final Automobiles and Light-Duty Trucks NESHAP, a question was raised about the types of records required to be kept under 40 CFR 63.3130(o). The question was whether these records were limited to operating instructions, or whether other records, such as construction blueprints, also needed to be maintained. We have amended 40 CFR 63.3130(o) to clarify that the operating instructions for each add-on control device and each continuous parameter monitoring system must be kept on-site for the life of the equipment in a location readily available to plant operators and inspectors. C. Electrodeposition Primer An electrodeposition primer tank or system typically contains tens of thousands of gallons of material. As a result, monthly material usage for electrodeposition primer is typically determined by tracking additions to the tank or system over the month. This contrasts to other coating operations, such as topcoat or primer-surfacer, where monthly usage of each material is typically determined by tracking additions to a small ( *e.g.* , 500 gallon) day tank over the month and the change in the amount of material in the day tank from the beginning of the month to the end of the month. After publication of the final rule, we were asked if we could clarify that material usage and other parameters relevant to electrodeposition primer are determined based upon additions to the tank or system over the month. We have amended 40 CFR 63.3161(e) to clarify that for electrodeposition primer the mass fraction of organic HAP, density and volume of each material used is to be determined for each material added to the tank or system during the month. We have amended 40 CFR 63.3161(f) to clarify that for electrodeposition primer the volume fraction of coating solids is to be determined for each material added to the tank or system during the month. The determination of capture efficiency is discussed in 40 CFR 63.3165 of the final rule. The introductory text to 40 CFR 63.3165 of the final rule states that a bake oven air seal is not considered a natural draft opening to a permanent total enclosure or a temporary total enclosure provided the direction of air movement across the interface between the bake oven air seal and the bake oven is into the bake oven. This includes electrodeposition bake oven air seals. Capture of emissions from electrodeposition bake ovens is also discussed in 40 CFR 63.3171(f) of the final rule. After publication of the final rule, we were asked if we could clarify that electrodeposition bake oven air seals were intended to be considered in the same manner under 40 CFR 63.3171(f) as they are considered in 40 CFR 63.3165 introductory text. We have amended 40 CFR 63.3171(f) to clarify that an electrodeposition bake oven air seal is not considered a natural draft opening provided the direction of air movement across the interface between the bake oven air seal and the bake oven is into the bake oven. D. Transfer Efficiency The final rule requires that transfer efficiency be determined for many coatings used in automobile or light-duty truck coating operations. The final rule states that transfer efficiency may be determined using ASTM Method D5066-91 (Reapproved 2001), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive Paints-Weight Basis (incorporated by reference, see 40 CFR 63.14), or the guidelines presented in Protocol for Determining Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22). The final rule provides default transfer efficiency values for electrodeposition primer coatings, glass bonding primers, glass bonding adhesives, and final repair coatings. The guidelines provide default transfer efficiency values for certain specialty or low-use coatings such as blackout and interior color. After publication of the final rule, a question was raised about whether the default transfer efficiency values in the guidelines could be used for chip resistant edge primer, lower body anti-chip coating and underbody anti-chip coating. These types of coatings are not explicitly mentioned in the guidelines, because the guidelines do not discuss primer-surfacer operations in detail. We believe it is appropriate to apply the default transfer efficiency values in the guidelines to these types of coatings and are amending the rule accordingly. Similar to blackout, lower-body anti-chip coating and chip resistant edge primer are applied to relatively small areas of the vehicle. Underbody anti-chip coatings are typically applied with efficient airless applicators. Specifically, we have amended 40 CFR 63.3161(g) to provide default transfer efficiency values for these types of coatings. We have also added definitions of “chip resistant edge primer,” “lower body anti-chip coating,” and “underbody anti-chip coating,” and revised the definitions of “anti-chip coating,” “deadener,” and “primer-surfacer” to better identify the types of coatings for which default transfer efficiency values can be used. E. Equations We have corrected Equation 5 in 40 CFR 63.3161(l) by removing “/100” from the end of the equation. This division by 100 is incorrect because the transfer efficiency
(TE)is expressed as a decimal value rather than as a percentage. We have revised Equation 4 in § 63.3165(e) by changing the symbol “Pi” to “Pv,i” to emphasize that the panel test result in this equation is expressed in mass
(kg)of volatile organic compounds
(VOC)per *volume* (liter) of coating solids deposited. This helps distinguish this equation from Equation 7 in 40 CFR 63.3165(e) where the symbol “Pm,i” is used to emphasize that the panel test result in that equation is expressed in *mass*
(kg)of VOC per mass
(kg)of coating solids deposited. We have revised the description of the symbol “Wvoc <sup>c,i</sup> ” in Equations 6 and 7 in 40 CFR 63.3165(e) to specify that the guidelines for combining analytical VOC content and formulation solvent content are in Section 9 of the Protocol for Determining Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Coating Operations (Protocol). The description of the symbol “Wvoc <sup>c,i</sup> ” in Equations 6 and 7 in 40 CFR 63.3165(e) of the final rule provided only a general reference to the Protocol. We have corrected Equation 7 in 40 CFR 63.3165(e) by adding a multiplier of “100” to the numerator of the equation. This multiplier is needed in order for the result of the equation to be expressed as a percentage. F. Monitoring The temperature operating limits for thermal oxidizers, catalytic oxidizers and condensers are identified as “3-hour” operating limits in Table 1 of the final rule. The “3-hour” specification was inadvertently omitted from 40 CFR 63.3167(a)(2), (b)(2), and (d)(2) of the final rule. We have revised 40 CFR 63.3167(a)(2), (b)(2), and (d)(2) to clarify that these operating limits are 3-hour averages. Catalyst activity testing and internal inspection of the catalyst are specified in 40 CFR 63.3167(b)(6) of the final Automobiles and Light-Duty Trucks rule. Similar specifications are provided in 40 CFR 63.4567(b)(4) of the Plastic Parts NESHAP. The specifications in the Plastic Parts NESHAP include an explanation of how to proceed if problems are found during annual catalyst activity testing or annual internal inspection of the catalyst. This explanation was inadvertently omitted from the final Automobiles and Light-Duty Trucks rule. We have revised 40 CFR 63.3167(b)(6) to explain how to proceed if problems are found during annual catalyst activity testing or annual internal inspection of the catalyst. The exceptions provided in 40 CFR 63.3167(f), for capture devices that are part of a PTE or that capture emissions from a downdraft spray booth or from a flashoff area or bake oven associated with a downdraft spray booth, were inadvertently omitted from the entry for “Emission capture system that is not a PTE” in Table 1 of the final rule. We have revised Table 1 of the final rule to make the entry for “Emission capture system that is not a PTE” consistent with 40 CFR 63.3167(f) of the final rule and to correct a typographical error. G. Uncounted Capture and Control Some facilities have capture systems or add-on control devices installed and operated to control VOC emissions which they do not need to take into account in order to demonstrate compliance with the emission limitations for organic hazardous air pollutants in the final rule. After publication of the final rule, we were asked whether testing and monitoring requirements apply to capture systems or add-on control devices that are not taken into account in demonstrating compliance with the emission limitations for organic hazardous air pollutants in the final rule. Other surface coating NESHAP have separate compliance demonstration provisions for “emission rate without add-on control” and “emission rate with add-on control”. We intended to provide the same flexibility in the Automobiles and Light-Duty Trucks NESHAP. We, therefore, have added new sections 40 CFR 63.3169 and 40 CFR 63.3174 and added a definition of “controlled coating operation” to clarify that the requirements for capture system or add-on control device reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency do not apply to capture systems or add-on control devices which the owner or operator *chooses not* to take into account when demonstrating compliance with the applicable emission limitations. If, at a later date, the owner or operator decides to take any such capture system or add-on control device into account when demonstrating compliance with the emission limitations, then, at that time, the owner or operator must comply with the reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency for that capture system or add-on control device. H. Definitions In addition to the definition changes described above, we have made several other changes to the definitions in the final rule. After publication of the final rule, we were asked if we could clarify that “bake oven air seals” may be present both on bake ovens associated with spray booths and on bake ovens associated with electrodeposition primer operations. We have revised the definition of “bake oven air seal” to clarify that both bake ovens associated with spray booth and electrodeposition primer bake ovens may have bake oven air seals. We have also revised the definition of “spray booth air seal” to make it consistent with the definition of “bake oven air seal.” The definition of “bake oven air seal” referred to “entry or entry vestibule to or an exit or exit vestibule” whereas the definition of “spray booth air seal” inadvertently referred only to “entry vestibule or exit vestibule.” We have revised the definition of “touchup bottle” to allow the container size to be up to 0.25 liters and to clarify that the applicator may be a brush or other non-atomizing applicator. III. Statutory and Executive Order Reviews A. Executive Order 12866, Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. OMB has previously approved the information collection requirements contained in the existing regulations (40 CFR part 63, subpart IIII) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* , and has assigned OMB control number 2060-0550, EPA ICR No. 2045.03. A copy of the Information Collection Request
(ICR)may be obtained from Ms. Susan Auby by mail at the Office of Environmental Information, Collection Strategies Division (2822), EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at *auby.susan@epa.gov* , or by calling
(202)566-1672. *Burden* means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Analysis The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's direct final rule on small entities, small entity is defined as:
(1)A small business according to Small Business Administration size standards for companies identified by NAICS codes 336111 (automobile manufacturing) and 336112 (light truck and utility vehicle manufacturing) with 1,000 or fewer employees or by NAICS code 323113 (commercial screen printing) with 500 or fewer employees;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. Based on the above definition, there are no small entities presently engaged in automobile and light-duty truck surface coating. While there are small entities presently engaged in commercial screen printing, today's direct final rule amendments would not impose any requirements on commercial screen printers. After considering the economic impacts of the final rule on small entities, EPA has concluded and hereby certifies that this action will not have a significant economic impact on a substantial number of small entities. This is based on the observation that this action affects no small entities since none are engaged in the surface coating of automobiles and light-duty trucks, and no requirements are imposed on commercial screen printers. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires us to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that the direct final rule amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. The direct final rule amendments add no additional burden on sources. Thus, the direct final rule amendments are not subject to the requirements of sections 202 and 205 of the UMRA. E. Executive Order 13132, Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” The direct final rule amendments do not have federalism implications. They will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. No facilities subject to the direct final rule amendments are owned by State or local governments. Therefore, State and local governments will not have any direct compliance costs resulting from the direct final rule amendments. Furthermore, the direct final rule amendments do not require these governments to take on any new responsibilities. Thus, Executive Order 13132 does not apply to the direct final rule amendments. F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” The direct final rule amendments do not have tribal implications as specified in Executive Order 13175. They will not have substantial direct effects on tribal governments, 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, because we are not aware of any Indian tribal governments or communities affected by the direct final rule amendments. Thus, Executive Order 13175 does not apply to the direct final rule amendments. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that:
(1)Is determined to be “economically significant” as defined under Executive Order 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. The direct final rule amendments are not subject to Executive Order 13045 because they are based solely on technology performance. H. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy *Supply, Distribution, or Use* The direct final rule amendments are not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because they are not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act The direct final rule amendments do not involve technical standards. Therefore, EPA is not considering the use of any VCS. J. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801, *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing the direct final rule amendments and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the direct final rule amendments in the **Federal Register** . A “major rule” cannot take effect until 60 days after it is published in the **Federal Register** . The direct final rule amendments are not a “major rule” as defined by 5 U.S.C. 804(2). The direct final rule amendments will be effective on June 25, 2007. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, and Reporting and recordkeeping requirements. Dated: April 18, 2007. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, Title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows: PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, *et seq.* Subpart IIII—[Amended] 2. Section 63.3081 is amended by revising paragraph
(b)to read as follows: § 63.3081 Am I subject to this subpart?
(b)You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3082, that, except as noted in paragraph (b)(1) of this section, is located at a facility which applies topcoat to new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks, and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP). You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3082, in which you choose to include, pursuant to § 63.3082(c), any coating operations which apply coatings to new other motor vehicle bodies or body parts for new other motor vehicles; parts intended for use in new automobiles, new light-duty trucks, or new other motor vehicles; or aftermarket repair or replacement parts for automobiles, light-duty trucks, or other motor vehicles; and the affected source is located at a facility that is a major source, is located at a major source, or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams
(Mg)(10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
(1)You are not subject to this subpart if you meet all of the criteria of paragraphs (b)(1)(i) through
(iii)of this section:
(i)Your coating operation is located at a plastic or composites molding facility;
(ii)All of the body parts topcoated at your facility for use in new automobiles or new light-duty trucks were fabricated (molded, stamped, formed, etc.) at your facility or at another plastic or composites molding facility which you own or operate, and none of the new vehicles in which these body parts are used are assembled at your facility; and
(iii)You do not topcoat all of the body parts for any single new automobile or new light-duty truck at your facility.
(2)[Reserved] 3. Section 63.3130 is amended by revising paragraph
(o)to read as follows: § 63.3130 What records must I keep?
(o)For each add-on control device and for each continuous parameter monitoring system, a copy of the equipment operating instructions must be maintained on-site for the life of the equipment in a location readily available to plant operators and inspectors. You may prepare your own equipment operating instructions, or they may be provided to you by the equipment supplier or other third party. 4. Section 63.3161 is amended by: a. Revising paragraph (e); b. Revising paragraph
(f)introductory text; c. Adding a new sentence at the end of paragraph (g); and d. Revising paragraph
(l)to read as follows: § 63.3161 How do I demonstrate initial compliance?
(e)*Determine the mass fraction of organic HAP, density, and volume used.* Follow the procedures specified in § 63.3151(a) through
(c)to determine the mass fraction of organic HAP and the density and volume of each coating and thinner used during each month. For electrodeposition primer operations, the mass fraction of organic HAP, density, and volume used must be determined for each material added to the tank or system during each month.
(f)*Determine the volume fraction of coating solids for each coating.* You must determine the volume fraction of coating solids (liter of coating solids per liter of coating) for each coating used during the compliance period by a test or by information provided by the supplier or the manufacturer of the material, as specified in paragraphs (f)(1) and
(2)of this section. For electrodeposition primer operations, the volume fraction of solids must be determined for each material added to the tank or system during each month. If test results obtained according to paragraph (f)(1) of this section do not agree with the information obtained under paragraph (f)(2) of this section, the test results will take precedence unless, after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility's data are correct.
(g)* * * For blackout, chip resistant edge primer, interior color, in-line repair, lower body anti-chip coatings, or underbody anti-chip coatings, you may assume 40 percent transfer efficiency for air atomized spray, 55 percent transfer efficiency for electrostatic spray and high volume-low pressure spray, and 80 percent transfer efficiency for airless spray.
(l)*Calculate the total volume of coating solids deposited.* Determine the total volume of coating solids deposited, liters, in the combined electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems used in coating operations added to the affected source pursuant to § 63.3082(c) using Equation 5 of this section: ER24AP07.001 Where: V <sup>sdep</sup> = Total volume of coating solids deposited during the month, liters. Vol <sup>c,i</sup> = Total volume of coating, i, used during the month, liters. V <sup>s,i</sup> = Volume fraction of coating solids for coating, i, liter solids per liter coating, determined according to § 63.3161(f). TE <sup>c,i</sup> = Transfer efficiency of coating, i, determined according to § 63.3161(g), expressed as a decimal, for example 60 percent must be expressed as 0.60. M = Number of coatings used during the month. 5. Section 63.3165 is amended by: a. Revising Equation 4 in paragraph
(e)introductory text; b. Revising Equation 6 in paragraph (e)(2); and c. Revising paragraph (e)(3) to read as follows: § 63.3165 How do I determine the emission capture system efficiency?
(e)* * * ER24AP07.002 Where: CE <sup>i</sup> = Capture efficiency for coating, i, or for the group of coatings, including coating, i, for the flash-off area or bake oven for which the panel test is conducted, percent. P <sup>v,i</sup> = Panel test result for coating, i, or for the coating representing coating, i, in the panel test, kg of VOC per liter of coating solids deposited. V <sup>sdep,i</sup> = Volume of coating solids deposited per volume of coating used for coating, i, or composite volume of coating solids deposited per volume of coating used for the group of coatings including coating, i, in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted, liter of coating solids deposited per liter of coating used, from Equation 5 of this section. VOC <sup>i</sup> = Mass of VOC per volume of coating for coating, i, or composite mass of VOC per volume of coating for the group of coatings including coating, i, kg per liter, from Equation 6 of this section.
(2)* * * ER24AP07.003 Where: VOC <sup>i</sup> = Mass of VOC per volume of coating for coating, i, or composite mass of VOC per volume of coating for the group of coatings including coating, i, used during the month in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted, kg VOC per liter coating. D <sup>c,i</sup> = Density of coating, i, or average density of the group of coatings, including coating, i, kg coating per liter coating, density determined according to § 63.3151(b). Wvoc <sup>c,i</sup> = Mass fraction of VOC in coating, i, or average mass fraction of VOC for the group of coatings, including coating, i, kg VOC per kg coating, determined by Method 24 (appendix A to 40 CFR part 60) or the guidelines for combining analytical VOC content and formulation solvent content presented in Section 9 of “Protocol for Determining Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,” EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22).
(3)As an alternative, you may choose to express the results of your panel tests in units of mass of VOC per mass of coating solids deposited and convert such results to a percent using Equation 7 of this section. If you panel test representative coatings, then you may convert the panel test result for each representative coating either to a unique percent capture efficiency for each coating grouped with that representative coating by using coating specific values for the mass of coating solids deposited per mass of coating used, mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section; or to a composite percent capture efficiency for the group of coatings by using composite values for the group of coatings for the mass of coating solids deposited per mass of coating used and average values for the mass of VOC per volume of coating, average values for the group of coatings for mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency for that coating by using coating specific values for the mass of coating solids deposited per mass of coating used, mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section. Panel test results expressed in units of mass of VOC per mass of coating solids deposited must be converted to percent capture efficiency using Equation 7 of this section: ER24AP07.004 Where: CE <sup>i</sup> = Capture efficiency for coating, i, or for the group of coatings including coating, i, for the flash-off area or bake oven for which the panel test is conducted, percent. P <sup>m,i</sup> = Panel test result for coating, i, or for the coating representing coating, i, in the panel test, kg of VOC per kg of coating solids deposited. W <sup>sdep,i</sup> = Mass of coating solids deposited per mass of coating used for coating, i, or composite mass of coating solids deposited per mass of coating used for the group of coatings, including coating, i, in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted, kg of solids deposited per kg of coating used, from Equation 8 of this section. Wvoc <sup>c,i</sup> = Mass fraction of VOC in coating, i, or average mass fraction of VOC for the group of coatings, including coating, i, kg VOC per kg coating, determined by Method 24 (appendix A to 40 CFR part 60) or the guidelines for combining analytical VOC content and formulation solvent content presented in Section 9 of “Protocol for Determining Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,” EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22). 6. Section 63.3167 is amended by: a. Revising the second sentence of paragraph (a)(2); b. Revising paragraph (b)(2); c. Revising paragraph (b)(6); and d. Revising the second sentence of paragraph (d)(2) to read as follows: § 63.3167 How do I establish the add-on control device operating limits during the performance test?
(a)* * *
(2)* * * This average combustion temperature is the minimum 3-hour average operating limit for your thermal oxidizer.
(b)* * *
(2)Use all valid data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. The minimum 3-hour average operating limits for your catalytic oxidizer are the average temperature just before the catalyst bed maintained during the performance test of that catalytic oxidizer and 80 percent of the average temperature difference across the catalyst bed maintained during the performance test of that catalytic oxidizer, except during periods of low production, the latter minimum operating limit is to maintain a positive temperature gradient across the catalyst bed. A low production period is when production is less than 80 percent of production rate during the performance test of that catalytic oxidizer.
(6)You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(4) or (b)(5) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(6)(i) through
(iii)of this section.
(i)Annual sampling and analysis of the catalyst activity ( *i.e.* , conversion efficiency) following the manufacturer's or catalyst supplier's recommended procedures. If problems are found during the catalyst activity test, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations.
(ii)Monthly external inspection of the catalytic oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures.
(iii)Annual internal inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found during the annual internal inspection of the catalyst, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations. If the catalyst bed is replaced and is not of like or better kind and quality as the old catalyst, then you must conduct a new performance test to determine destruction efficiency according to § 63.3166. If a catalyst bed is replaced and the replacement catalyst is of like or better kind and quality as the old catalyst, then a new performance test to determine destruction efficiency is not required and you may continue to use the previously established operating limits for that catalytic oxidizer.
(d)* * *
(2)* * * This average condenser outlet gas temperature is the maximum 3-hour average operating limit for your condenser. 7. Section 63.3169 is added to read as follows: § 63.3169 What are the requirements for a capture system or add-on control device which is not taken into account when demonstrating compliance with the applicable emission limitations? You may have capture systems or add-on control devices which you choose not to take into account when demonstrating compliance with the applicable emission limitations. For any such capture system or add-on control device, you are not required to comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency. If, at a later date, you decide to take any such capture system or add-on control device into account when demonstrating compliance with the emission limitations, then at that time you must comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, and removal efficiency, as applicable, for that capture system or add-on control device. 8. Section 63.3171 is amended by revising paragraph
(f)to read as follows: § 63.3171 How do I demonstrate initial compliance?
(f)*Capture of electrodeposition bake oven emissions.* You must show that the electrodeposition bake oven meets the criteria in sections 5.3 through 5.5 of Method 204 of appendix M to 40 CFR part 51 and directs all of the exhaust gases from the bake oven to an add-on control device. For purposes of this showing, an electrodeposition bake oven air seal is not considered a natural draft opening provided you demonstrate that the direction of air movement across the interface between the bake oven air seal and the bake oven is into the bake oven. You may use lightweight strips of fabric or paper, or smoke tubes to make such demonstrations. You cannot count air flowing from an electrodeposition bake oven air seal into an electrodeposition bake oven as air flowing through a natural draft opening unless you elect to treat that electrodeposition bake oven air seal as a natural draft opening. 9. Section 63.3174 is added to read as follows: § 63.3174 What are the requirements for a capture system or add-on control device which is not taken into account when demonstrating compliance with the applicable emission limitations? You may have capture systems or add-on control devices which you choose not to take into account when demonstrating compliance with the applicable emission limitations. For any such capture system or add-on control device, you are not required to comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency. If, at a later date, you decide to take any such capture system or add-on control device into account when demonstrating compliance with the emission limitations, then at that time you must comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, and removal efficiency, as applicable, for that capture system or add-on control device. 10. Section 63.3176 is amended by: a. Revising the definitions of “Anti-chip coating,” “Bake oven air seal,” “Controlled coating operation,” “Deadener,” “In-line repair,” “Primer-surfacer,” “Spray booth air seal,” and “Touchup bottle.” b. Adding in alphabetical order definitions of “Chip resistant edge primer,” “Lower body anti-chip coating,” “Plastic or composites molding facility,” and “Underbody anti-chip coating” to read as follows: § 63.3176 What definitions apply to this subpart? *Anti-chip coating* means a specialty type of coating designed to reduce stone chipping damage. Anti-chip coating may be applied to broad areas of the vehicle or to selected vehicle surfaces that are most vulnerable to impingement by stones and other road debris. Anti-chip coating is typically applied after the *electrodeposition primer* and before the *topcoat.* Anti-chip coating is a type of *primer-surfacer.* *Bake oven air seal* means an entry or entry vestibule to or an exit or exit vestibule from a bake oven which isolates the bake oven from the area immediately preceding (for an entry or entry vestibule) or immediately following (for an exit or exit vestibule) the bake oven. No significant VOC generating activity takes place in a bake oven air seal. Fresh air is supplied into a bake oven air seal and is then directed in part into the bake oven and in part into the area immediately preceding or immediately following the bake oven. All types of bake ovens, including ovens associated with spray booths and electrodeposition primer bake ovens, may have bake oven air seals. *Chip resistant edge primer* means an *anti-chip coating* applied to the leading edge of parts such as the hood or roof. *Controlled coating operation* means a *coating operation* from which some or all of the organic HAP emissions are routed through a *capture system* and an *add-on control device* which are taken into account when demonstrating compliance with an emission limitation in this subpart. *Deadener* means a specialty coating applied to selected vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment. *In-line repair* means the operation performed and coating(s) applied to correct damage or imperfections in the topcoat on parts that are not yet on a completely assembled motor vehicle. The curing of the coatingspplied in these operations is accomplished at essentially the same temperature as that used for curing the previously applied topcoat. Also referred to as high bake repair or high bake reprocess. In-line repair is considered part of the topcoat operation. *Lower body anti-chip coating* means an *anti-chip coating* applied to lower body surfaces such as rocker panels, valence panels, lower portions of doors, or lower portions of fenders. *Plastic or composites molding facility* means a facility where the purchase cost of capital equipment used for plastic or composites molding, including presses, tooling, and associated material processing and handling equipment, is greater than the purchase cost of capital equipment used for the surface coating of new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks. *Primer-surfacer* means an intermediate protective coating applied on the *electrodeposition primer* and under the *topcoat.* Primer-surfacer provides adhesion, protection, and appearance properties to the total finish. Primer-surfacer may also be called *guide coat* or *surfacer.* *Anti-chip coating* is a type of primer-surfacer. *Spray booth air seal* means an entry or entry vestibule to or exit or exit vestibule from a spray booth which isolates the spray booth from the area immediately preceding (for an entry or entry vestibule) or immediately following (for an exit or exit vestibule) the spray booth. No coating application or other VOC generating activity takes place in a spray booth air seal. Fresh air is supplied into a spray booth air seal and is then directed in part into the spray booth and in part into the area immediately preceding or immediately following the spray booth. *Touchup bottle* means a coating container with a volume of 0.25 liter or less used with a brush or other non-atomizing applicator. *Underbody anti-chip coating* means an *anti-chip coating* applied to the underbody or wheel wells primarily for the purpose of protecting these areas of the vehicle from stone chipping. 11. Table 1 to subpart IIII of part 63 is amended by revising entry 7 to read as follows: Table 1 to Subpart IIII of Part 63—Operating Limits for Capture Systems and Add-on Control Devices * * * * * * For the following device * * * You must meet the following operating limit * * * And you must demonstrate continuous compliance with the operating limit by * * * * * * 7. Emission capture system that is not a PTE a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.3167(f). This applies only to capture devices that are not part of a PTE that meets the criteria of § 63.3165(a) and that are not capturing emissions from a downdraft spray booth or from a flashoff area or bake oven associated with a downdraft spray booth i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.3168(g); ii. Reducing the data to 3-hour block averages; and iii. Maintaining the 3-hour average gas volumetric flow rate or duct static pressure for each capture device at or above the gas volumetric flow rate or duct static pressure limit. Subpart PPPP—[Amended] 12. Section 63.4481 is amended by revising paragraph
(c)introductory text and adding paragraph (c)(17) to read as follows: § 63.4481 Am I subject to this subpart?
(c)This subpart does not apply to surface coating or a coating operation that meets any of the criteria of paragraphs (c)(1) through
(17)of this section.
(17)Screen printing. [FR Doc. E7-7760 Filed 4-23-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2006-0841; FRL-8304-1] RIN 2060-A034 Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to Illinois Portion of the St. Louis, Illinois-Missouri Ozone Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Under section 211(k)(6) of the Clean Air Act, the Administrator of EPA shall require the sale of reformulated gasoline
(RFG)in an ozone nonattainment area classified as marginal, moderate, serious or severe upon the application of the Governor of the state in which the nonattainment area is located. This final action extends the Act's prohibition against the sale of conventional gasoline ( *i.e.* , gasoline that is not RFG) to the Illinois portion of the St. Louis, Illinois-Missouri moderate ozone nonattainment area. The Agency will implement this prohibition for refiners and all other persons in the fuel distribution system other than retailers and wholesale purchaser-consumers on June 1, 2007. For retailers and wholesale purchaser-consumers, EPA's final action implements the prohibition on July 1, 2007. As of the compliance date for retailers and wholesale purchaser-consumers, this area will be treated as a covered area for all purposes of the Federal RFG program. DATES: This final rule is effective April 20, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2006-0841. All documents in the docket are listed on the *http://www.regulations.gov* Web site. 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy at the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air Docket is
(202)566-1742. FOR FURTHER INFORMATION CONTACT: Kurt Gustafson, Transportation and Regional Programs Division (Mail Code 6406J), Environmental Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460; telephone number: 202-343-9219; fax number: 202-343-2800; e-mail address: *gustafson.kurt@epa.gov* . SUPPLEMENTARY INFORMATION: Under section 211(k)(6) of the Clean Air Act, as amended (Act), the Administrator of EPA must require the sale of reformulated gasoline in an ozone nonattainment area classified as Marginal, Moderate, Serious, or Severe upon the application of the governor of the state in which the nonattainment area is located. This final action extends the prohibition set forth in section 211(k)(5) against the sale of conventional ( *i.e.* , non-reformulated) gasoline to the Illinois portion of the St. Louis, Illinois-Missouri moderate ozone nonattainment area. For all persons other than retailers and wholesale purchaser-consumers ( *i.e.* , refiners, importers,and distributors), this rule establishes the implementation date of the prohibition in Section 211(k)(5) as June 1, 2007. For retailers and wholesale purchaser-consumers, this rule establishes the implementation date of the prohibition in section 211(k)(5) on July 1, 2007. As of the implementation date for retailers and wholesale purchaser-consumers, the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area will be a covered area for all purposes in the Federal RFG program. The final preamble and regulatory language are also available electronically from the **Federal Register** Web site or via the docket at the *http://www.regulations.gov* site listed above. General Information Does This Action Apply to Me? This action may affect you if you produce, distribute, or sell gasoline for use in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area. The table below gives some examples of entities that may have to comply with the regulations. However, since these are only examples, you should carefully examine these and other existing regulations in 40 CFR part 80. If you have any questions, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. *Regulated entities:* Entities potentially regulated by this action are those which produce, supply or distribute motor gasoline. Regulated categories and entities include: Category NAICS Codes a SIC Codes b Examples of potentially regulated entities Industry 324110 2911 Petroleum Refiners. Industry 422710 5171 Gasoline Marketers and Distributors. 422720 5172 Industry 484220 4212 Gasoline Carriers. 484230 4213 a North American Industry Classification System (NAICS). b Standard Industrial Classification
(SIC)system code. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your business is regulated by this action, you should carefully examine the list of areas covered by the reformulated gasoline program in § 80.70 of title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. The remainder of this final rulemaking is organized in the following sections: I. Background A. Opt-In Provision/Process B. EPA Procedures and Illinois Opt-In Request II. Final Action III. Response to Comments IV. Environmental Impact V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations C. Paperwork Reduction Act D. Regulatory Flexibility Act E. Unfunded Mandates Reform Act F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks I. Executive Order 13211: Actions That Significantly Effect Energy Supply J. National Technology Transfer Advancement Act K. Statutory Authority L. Congressional Review Act I. Background A. Opt-In Provision/Process As part of the Clean Air Act Amendments of 1990, Congress added a new subsection
(k)to section 211 of the Act. Subsection
(k)prohibits the sale of conventional gasoline ( *i.e.* , gasoline that EPA has not certified as reformulated) in certain ozone nonattainment areas beginning January 1, 1995. Section 211(k)(10)(D) defines the areas covered by the reformulated gasoline
(RFG)program as the nine ozone nonattainment areas having a 1980 population in excess of 250,000 and having the highest ozone design values during the period 1987 through 1989. 1 In addition, under section 211(k)(10)(D), any area reclassified as a severe ozone nonattainment area under section 181(b) is also included in the RFG program. EPA first published final regulations for the RFG program on February 16, 1994. See 59 FR 7716. 1 Applying these criteria, EPA has determined the nine covered areas to be the metropolitan areas including Los Angeles, Houston, New York City, Baltimore, Chicago, San Diego, Philadelphia, Hartford and Milwaukee. Certain other ozone nonattainment areas may be included in the program at the request of the Governor of the State in which the area is located. Section 211(k)(6)(A) provides that upon the application of a Governor, EPA shall apply the prohibition against selling conventional gasoline in “any area in the State classified under subpart 2 of Part D of Title I as a marginal, moderate, serious or severe” ozone nonattainment area. Subparagraph 211(k)(6)(A) further provides that EPA is to apply the prohibition as of the date the Administrator “deems appropriate, not later than January 1, 1995, or 1 year after such application is received, whichever is later.” In some cases the effective date may be extended for such an area as provided in section 211(k)(6)(B) based on a determination by EPA that there is “insufficient domestic capacity to produce” RFG. EPA is to publish a Governor's application in the **Federal Register** . B. EPA Procedures and Illinois Opt-In Request EPA received an application July 10, 2006 from the Honorable Rod R. Blagojevich, Governor of the State of Illinois, for the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area to be included in the reformulated gasoline program. The State indicated that the RFG program would provide the area with needed reductions in ozone-forming emissions and air toxics. The Governor requested a January 1, 2007 implementation date. EPA published the Governor's letter in the **Federal Register** , as required by section 211(k)(6). On December 27, 2006 (71 FR 77690) EPA proposed to extend the RFG program to the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area by setting two implementation dates. EPA requested comment on start dates and proposed an effective date of May 1, 2007 for refiners, importers, and distributors and June 1, 2007 for retailers and wholesale purchaser-consumers. Today EPA is taking final action on that NPRM and establishing effective dates for opt in of the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area to the RFG program. For all persons other than retailers and wholesale purchaser-consumers (i.e., refiners, importers, and distributors), this rule establishes the implementation date of the prohibition in section 211(k)(5) as June 1, 2007. For retailers and wholesale purchaser-consumers, this rule establishes the implementation date of the prohibition in Section 211(k)(5) as July 1, 2007. As of the implementation date for retailers and wholesale purchaser-consumers, the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area will be a covered area for all purposes in the Federal RFG program. After publication of the NPRM, EPA received a request for a public hearing. EPA published a notice in the ** Federal Register ** announcing that a public hearing would be held on February 21, 2007, in Chicago, Illinois, and extending the comment period until March 23, 2007 (30 days after the hearing). The transcript of the public hearing has been placed in the docket for this action. II. Final Action The Federal RFG program includes seasonal requirements. Summertime RFG must meet certain VOC control requirements to reduce emissions of VOCs, an ozone precursor. Under the RFG program, there are two compliance dates for VOC-controlled RFG. At the refinery level, and all other points in the distribution system other than the retail level, compliance with RFG VOC-control requirements is required from May 1 to September 15. At the retail level (service stations and wholesale purchaser-consumers), compliance is required from June 1 to September 15. See 40 CFR 80.78 (a)(1)(v). Pipeline requirements and demands for RFG from the supply industry drive refineries to establish their own internal compliance date earlier than May so that they can then assure that terminals are capable of meeting the RFG VOC-control requirements by May 1. EPA regulations specify that the RFG covered areas of certain states that are in “VOC control Region 1”, while those of other states are in “VOC control Region 2.” VOC requirements for the RFG sold in these Regions differ somewhat. EPA regulations also provide that RFG in covered areas which are partially in VOC control Region 1 and partially in VOC control Region 2 are included in VOC control Region 1, except in the case of the Philadelphia-Wilmington-Trenton CMSA which shall be included in VOC control Region 2 (see 40 CFR 80.71(c)). Since the St. Louis, Illinois-Missouri ozone nonattainment area is partially in VOC control Region 2 and partially in VOC control Region 1, the Illinois portion of the St. Louis, Illinois-Missouri nonattainment area opting into the program under this action shall be included in VOC control Region 1. This means that RFG in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area must comply with the emission standards for VOC control for Region 1 which are slightly more stringent than those for Region 2 (see 40 CFR 80.41). Based on our evaluation of the appropriate lead time and start date(s) and pursuant to the Governor's letter and the provisions of section 211(k)(6), EPA is today adopting regulations that apply the prohibitions of subsection 211(k)(5) to the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area for all persons other than retailers and wholesale purchaser-consumers as of June 1, 2007. This date applies to the refinery level and all other points in the distribution system other than the retail level. For retailers and wholesale purchaser-consumers, EPA is adopting regulations that apply the prohibitions of subsection 211(k)(5) to the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area on July 1, 2007. As of the implementation date for retailers and wholesale purchaser-consumers, this area will be treated as a covered area for all purposes of the Federal RFG program. The application of the prohibition of section 211(k)(5) to the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area could take effect no later than July 10, 2007, under section 211(k)(6)(A), which stipulates that the effective program date must be no “later than January 1, 1995 or 1 year after [the Governor's] application is received, whichever is later.” The Governor of Illinois's request was dated July 10, 2006. EPA believes the implementation dates adopted today achieve a reasonable balance between requiring the earliest possible start dates to achieve air quality benefits for the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area and providing adequate lead time for industry to prepare for program implementation. These dates will provide environmental benefits by allowing the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area to achieve VOC reduction benefits for most of the 2007 VOC control season. As in other fuel rules, EPA believes it is appropriate to apply new requirements to refiners and distributors thirty days prior to the date that they are applicable to retailers and wholesale purchasers-consumers. This allows the retailers and wholesale purchasers-consumers time to empty their tanks of the older product they may have purchased immediately before the implementation date for refiners and distributors. EPA has concluded, based on its analysis of available information, that the refining and distribution industry's capacity to supply Federal RFG to the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area this summer exceeds the estimated demand. EPA has also concluded that the implementation dates adopted today provide adequate lead time to industry to set up storage and sales agreements to ensure supply of RFG to the East St. Louis ozone nonattainment area. III. Response to Comments Several parties including the State of Illinois, the State of Missouri, BP, and the Illinois Petroleum Council submitted comments supporting the proposed effective dates. Four parties, an association representing the interests of Independent gasoline marketers, and three retail marketing companies, submitted adverse comments on the proposed rulemaking. The adverse comments also addressed issues that were outside the scope of the proposal ( *e.g.* , whether or not RFG should even be implemented). EPA is responding to relevant portions of the adverse comments in this section. First, the commenters expressed concern that gasoline shortages in the St. Louis area could result from EPA's granting of the opt-in request, due to the need to supply additional reformulated gasoline to the Illinois portion of the St. Louis, Illinois-Missouri nonattainment area (the Missouri portion already uses RFG). The commenters indicated that difficulties already exist in obtaining RFG for the Missouri portion of the St. Louis ozone nonattainment area, and that these difficulties would get worse with additional demand for RFG if EPA finalized its proposed opt-in for the Illinois portion of the St. Louis nonattainment area. Some of the commenters surmised that supply in the area benefits from two supply options: supplies of RFG being available on the Missouri side and low RVP fuel being available on the Illinois side, both of which can be supplied to East St. Louis. Section 211(k)(6)(A) provides the Administrator broad discretion to establish an appropriate effective date for opt-in areas. The effective date shall be no later than one year after the governor's request to opt in is received, which in this case would be July 10, 2007, unless EPA determines that there is insufficient domestic capacity. Factors EPA generally considers in setting effective dates include, but are not limited to, supply logistics, the number of current and potential suppliers for that market, whether such suppliers have experience producing RFG or the capability to produce RFG, intent of suppliers to withdraw from the market, availability of adequate gasoline volumes, and the amount of lead time needed by suppliers and the distribution industry to set up storage and sales agreements to ensure supply. By evaluating these factors, EPA can make a determination as to whether industry's capacity to supply RFG for an opt-in area meets or exceeds the demand. Under section 211(k)(6)(B) the Administrator may determine, after consultation with the Secretary of Energy, that there is “insufficient domestic capacity” to produce RFG. Despite the comments received by marketers and retailers, described above, EPA is not making such a determination in this case. EPA has consulted with the Department of Energy
(DOE)and with refiners supplying gasoline to the area of concern, and has concluded that there is adequate domestic capability to produce RFG to meet the current demand nationwide as well as the addition of the Illinois portion of the St. Louis, Illinois-Missouri nonattainment area in the summer of 2007. EPA notes that no comments were received from refiners or bulk terminal operators concerned about storage capacity or supply. We note in the docket that EPA has spoken with the major suppliers to the area and none have expressed supply concerns. To the contrary, the Illinois Petroleum Council submitted written comment in support of the proposal. The elimination of the need to supply an additional grade of fuel ( *i.e.* 7.2 RVP fuel now required in East St. Louis) will not adversely impact supply as it is our understanding from consultation with these refiners that the capacity which is currently used to produce the 7.2 psi blend will be converted to produce additional RFG supplies for the Region. The commenters also expressed concern that the price differential between reformulated gasoline sold in the Illinois side of the St. Louis covered area and that sold on the Missouri side would impact marketers. They also point to a vehicle owner's ability to refuel in either conventional gas areas or the Missouri RFG area where they may expect a lower price. EPA notes that, in this action, it is simply setting an effective date for the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area, and does not have the discretion under Section 211(k)(6) to deny the governor's request to opt in. Therefore, even if a price differential would result in some drivers choosing to refuel in the Missouri portion of the nonattainment area, or a non-covered area, versus the Illinois side, that result would not provide a basis for EPA's denial of the governor's request. Moreover, EPA is setting the effective date for the opt in close to one year from receipt of the governor's request. Additional significant delay is not permitted under the Clean Air Act absent a finding of inadequate supply. As discussed above, EPA has determined that there will not be any RFG supply issues for the opt in area covered by today's rule. In addition, postponing the effective date would likely not affect, in the long-term, any price differential that may exist, and would result in the loss of important and needed emissions reductions for the summer of 2007. IV. Environmental Impact The Federal RFG program typically results in reductions in ozone-forming emissions and air toxics. Reductions in ozone precursors are environmentally significant because they lead to reductions in ozone formation, with the associated improvements in human health and welfare. Exposure to ground-level ozone (or smog) can cause respiratory problems, chest pain, and coughing and may worsen bronchitis, emphysema, and asthma. Animal studies suggest that long-term exposure (months to years) to ozone can damage lung tissue and may lead to chronic respiratory illness. Reductions in emissions of toxic air pollutants are environmentally important because they carry significant benefits for human health and welfare primarily by reducing the number of cancer cases each year. Illinois EPA analyzed the emissions benefits which could be achieved by switching from 7.2 RVP fuel to RFG. Using the U.S. EPA's MOBILE6a model, Illinois projected that year 2010 motor vehicle VOC emissions could be reduced by 5.4 percent and carbon monoxide by 2.2 percent. The use of RFG in the Illinois portion of the St. Louis, Illinois-Missouri nonattainment area would also decrease benzene emissions by 75 tons per year, which equates to a 44 percent reduction from motor vehicles. On a total toxic emissions basis, the use of RFG would reduce emissions of the five primary motor vehicle related air toxics by 63 tons per year in 2010, a total percentage reduction of 23.5 percent. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. EPA notes that the economic impacts of the RFG program were assessed in EPA's Regulatory Impact Analysis for the 1994 RFG rules. See 59 FR 7810-7811 (February 16, 1994). In that analysis the production cost of RFG was estimated to be 4 to 8 cents more per gallon than conventional gasoline. Since conventional gas regulations have evolved since that time to be more like RFG and since the State has a low RVP requirement that also more closely resembles RFG, EPA expects the costs of RFG in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area to be at the low end or lower than this range. Nonetheless, using the 4 to 8 cent per gallon estimate, the cost of the program to the area would be significantly lower than the trigger for a significant regulatory action. B. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order
(EO)12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. C. Paperwork Reduction Act This action does not impose any new information collection burden. Refiners are currently subject to the information collection requirements for Federal reformulated gasoline and conventional gasoline. Today's rule adds an additional ozone nonattainment area as a Federal RFG covered area; the rule does not change the information collection requirements already associated with Federal RFG. However, the Office of Management and Budget
(OMB)has previously approved the information collection requirements contained in the existing regulations (see 59 FR 7716, February 16, 1994), under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number number 2060-0277 (EPA ICR No. 1951.21). A copy of the OMB approved Information Collection Request
(ICR)may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling
(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. D. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as:
(1)A small business that has not more than 1,500 employees (as defined by the Small Business Administration's
(SBA)regulations at 13 CFR 121.201);
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. In promulgating the RFG and the related anti-dumping regulations for conventional gasoline, the Agency analyzed the impact of the regulations on small businesses. The Agency concluded that the regulations may possibly have some economic effect on a substantial number of small refiners, but that the regulations may not significantly affect other small entities, such as gasoline blenders, terminal operators, service stations and ethanol blenders. See 59 FR 7810-7811 (February 16, 1994). As stated in the preamble to the final RFG/anti-dumping rule, exempting small refiners from the RFG regulations would result in the failure of meeting CAA standards. 59 FR 7810. However, since most small refiners are located in the mountain states or in California, which has its own RFG program, the vast majority of small refiners are unaffected by the Federal RFG requirements (although all refiners of conventional gasoline are subject to the anti-dumping requirements). Moreover, all businesses, large and small, maintain the option to produce conventional gasoline to be sold in areas not obligated by the Act to receive RFG or those areas which have not chosen to opt into the RFG program. A complete analysis of the effect of the RFG/anti-dumping regulations on small businesses is contained in the Regulatory Flexibility Analysis which was prepared for the RFG and anti-dumping rulemaking, and can be found in the docket for that rulemaking. The docket number is: EPA Air Docket A-92-12. Today's action will affect only those refiners, importers or blenders of gasoline that choose to produce or import RFG for sale in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area, and gasoline distributors and retail stations in those areas. As discussed above, EPA determined that, because of their location, the vast majority of small refiners would be unaffected by the RFG requirements. For the same reason, most small refiners will be unaffected by today's action. Other small entities, such as gasoline distributors and retail stations located in the area that will become a covered area as a result of today's action, will be subject to the same requirements as those small entities which are located in current RFG covered areas. The Agency did not find the RFG regulations to significantly affect these entities. Based on this, EPA certifies that this final rule will not have a significant adverse impact on a substantial number of small entities. E. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UMRA. Although EPA does not believe that UMRA imposes requirements for this rulemaking, EPA notes that the environmental and economic impacts of the RFG program were assessed in EPA's Regulatory Impact Analysis for the 1994 RFG rules. EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. The rule would only impose requirements on certain refiners and other entities in the gasoline distribution system, and not small governments. The requirements of the rule will be enforced by the Federal government at the national level. Thus, a small government agency plan did not need to be developed under section 203 of the Unfunded Mandates Reform Act. F. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The rule would only impose requirements on certain refiners and other entities in the gasoline distribution system, and not on States. The requirements of the rule will be enforced by the Federal government at the national level. Thus, Executive Order 13132 does not apply to this rule. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This direct final rule does not have tribal implications, as specified in Executive Order 13175. Today's direct final rule will affect only those refiners, importers or blenders of gasoline that choose to produce or import RFG for sale in the East St. Louis ozone nonattainment area, and gasoline distributors and retail stations in those areas. Thus, Executive Order 13175 does not apply to this rule. H. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that:
(1)Is determined to be “economically significant” as defined under EO 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to the EO because it is not economically significant as defined in EO 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. I. Executive Order 13211: Actions That Significantly Effect Energy Supply This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTAA”), Public Law 104-113, 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in our regulatory activities unless it would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , materials specifications, test methods, sampling procedures, and business practices) developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This final rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. K. Statutory Authority The Statutory authority for the action finalized today is granted to EPA by sections 211(c) and
(k)and 301 of the Clean Air Act, as amended; 42 U.S.C. 7545(c) and
(k)and 7601. L. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective April 20, 2007. List of Subjects in 40 CFR Part 80 Environmental protection, Air pollution control, Fuel additives, Gasoline, Motor vehicle pollution. Dated: April 18, 2007. Stephen L. Johnson, Administrator. 40 CFR part 80 is amended as follows: PART 80—[AMENDED] 1. The authority citation for part 80 continues to read as follows: Authority: 42 U.S.C. 7414, 7545, 7542, and 7601(a). 2. Section 80.70 is amended by adding paragraph (k)(2) to read as follows: § 80.70 Covered areas.
(k)* * *
(2)The Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area is a covered area beginning on July 1, 2007. The prohibitions of section 211(k)(5) of the Clean Air Act apply to all persons other than retailers and wholesale purchaser-consumers in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area beginning on June 1, 2007. The prohibitions of section 211(k)(5) of the Clean Air Act apply to retailers and wholesale purchaser-consumers in the Illinois portion of the St. Louis, Illinois-Missouri ozone nonattainment area beginning July 1, 2007. [FR Doc. E7-7777 Filed 4-23-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Modified Base (1% annual-chance) Flood Elevations
(BFEs)are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: — State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Arkansas: Benton (FEMA Docket No.: B-7467) City of Rogers (05-06-0683P) June 21, 2006; June 28, 2006; *Arkansas Democrat Gazette Rogers Hometown News* The Honorable Steve Womack, Mayor, City of Rogers, 300 West Poplar Street, Rogers, Arkansas 72756 May 25, 2006 050013 California: Marin (FEMA Docket No.: B-7467) City of Novato (05-09-A080P) January 11, 2006; January 18, 2006; *Novato Advance* The Honorable Carole D. Knutson, Mayor, City of Novato, 75 Rowland Way, Suite 200, Novato, California 94945-5054 April 19, 2006 060178 Merced (FEMA Docket No.: B-7467) City of Atwater (05-09-0622P) February 16, 2006; February 23, 2006; *Merced Sun-Star* The Honorable Rudy Trevino, Mayor, City of Atwater, 750 Bellevue Road, Atwater, California 95301 January 26, 2006 060189 Merced (FEMA Docket No.: B-7467) Unincorporated Areas of Merced County (05-09-0622P) February 16, 2006; February 23, 2006; *Merced Sun-Star* Mr. Demetrios O. Tatum, County Executive Officer, Merced County, Merced County Administration Building, 2222 M Street, Merced, California 95340 January 26, 2006 060188 Monterey (FEMA Docket No.: B-7467) City of Marina (05-09-A506P) May 11, 2006; May 18, 2006; *The Salinas Californian* The Honorable Ila Mettee-McCutchon, Mayor, City of Marina, 211 Hillcrest, Marina, California 93933 August 17, 2006 060727 Placer (FEMA Docket No.: B-7467) City of Roseville (05-09-1257P) June 21, 2006; June 28, 2006; *The Press-Tribune* The Honorable Gina Garbolino, Mayor, City of Roseville, 311 Vernon Street, Roseville, California 95678 September 27, 2006 060243 Riverside (FEMA Docket No.: B-7467) City of Norco (04-09-1444P) November 16, 2005; November 23, 2005; *The Press-Enterprise* Mr. Jeff Allred, City Manager, City of Norco, 2870 Clark Avenue, Norco, California 92860 February 22, 2006 060256 Riverside (FEMA Docket No.: B-7467) City of La Quinta (04-09-1145P) February 9, 2006; February 16, 2006; *The Press-Enterprise* The Honorable Donald Adolph, Mayor, City of La Quinta, P.O. Box 1504, La Quinta, California 92247 January 19, 2006 060709 Riverside (FEMA Docket No.: B-7467) City of Lake Elsinore (06-09-B090P) June 15, 2006; June 22, 2006; *The Press-Enterprise* The Honorable Robert Magee, Mayor, City of Lake Elsinore, Administrative Office, City Hall, 130 South Main Street, Lake Elsinore, California 92530 September 21, 2006 060636 San Joaquin (FEMA Docket No.: B-7467) City of Lathrop (06-09-B114P) April 27, 2006; May 4, 2006; *The Record* The Honorable Apolinar Sangalang, Mayor, City of Lathrop, 16775 Howland Road, Suite 1, Lathrop, California 95330 April 13, 2006 060738 Santa Clara (FEMA Docket No.: B-7467) City of Palo Alto (06-09-A606P) July 19, 2006; July 26, 2006; *Palo Alto Weekly* The Honorable Judy Kleinberg, Mayor, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California 94301 October 25, 2006 060348 Santa Clara (FEMA Docket No.: B-7467) City of San Jose (05-09-0938P) March 16, 2006; March 23, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113 June 22, 2006 060349 Santa Clara (FEMA Docket No.: B-7467) City of San Jose (05-09-A216P) March 23, 2006; March 30, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113 February 28, 2006 060349 Ventura (FEMA Docket No.: B-7467) City of Simi Valley (05-09-0780P) February 2, 2006; February 9, 2006; *Ventura County Star* The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063 May 11, 2006 060421 Ventura (FEMA Docket No.: B-7467) City of Simi Valley (06-09-A639P) May 18, 2006; May 25, 2006; *Ventura County Star* The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063 August 24, 2006 060421 Adams (FEMA Docket No.: B-7467) City of Thornton (06-08-A627X) December 16, 2005; December 23, 2005; *Eastern Colorado News* The Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, Colorado 80229 March 24, 2006 080007 Arapahoe (FEMA Docket No.: B-7467) City of Centennial (05-08-0333P) January 19, 2006; January 26, 2006; *The Littleton Independent* The Honorable Randy Pye, Mayor, City of Centennial, 12503 East Euclid Drive, Suite 200, Centennial, Colorado 80111 April 27, 2006 080315 Arapahoe (FEMA Docket No.: B-7467) Unincorporated Areas of Arapahoe County (05-08-0333P) January 19, 2006; January 26, 2006; *The Littleton Independent* The Honorable Lynn Myers, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166-0001 April 27, 2006 080011 Douglas (FEMA Docket No.: B-7467) Town of Parker (06-08-B014P) March 30, 2006; April 6, 2006; *Douglas County News-Press* The Honorable David Casiano, Mayor, Town of Parker, 20120 East Mainstreet, Parker, Colorado 80138 March 8, 2006 080310 Douglas (FEMA Docket No.: B-7467) Town of Parker (06-08-B338P) August 10, 2006; August 17, 2006; *Douglas County News-Press* The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, Colorado 80138-7334 July 26, 2006 080310 Douglas (FEMA Docket No.: B-7467) Unincorporated Areas of Douglas County (06-08-B010P) May 11, 2006; May 18, 2006; *Douglas County News-Press* The Honorable Walter Maxwell, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104 April 10, 2006 080049 Douglas (FEMA Docket No.: B-7467) Unincorporated Areas of Douglas County (06-08-B338P) August 10, 2006; August 17, 2006; *Douglas County News-Press* The Honorable Walter Maxwell, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104 July 26, 2006 080049 El Paso (FEMA Docket No.: B-7467) City of Colorado Springs (04-08-0651P) April 19, 2006; April 26, 2006; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 July 26, 2006 080060 El Paso (FEMA Docket No.: B-7467) City of Colorado Springs (05-08-0575P) May 17, 2006; May 24, 2006; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 August 23, 2006 080060 El Paso (FEMA Docket No.: B-7467) City of Colorado Springs (05-08-0586P) March 1, 2006; March 8, 2006; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 June 7, 2006 080060 El Paso (FEMA Docket No.: B-7467) City of Colorado Springs (06-08-B006P) February 22, 2006; March 1, 2006; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 February 14, 2006 080060 El Paso (FEMA Docket No.: B-7467) City of Fountain (05-08-0089P) November 16, 2005; November 23, 2005; *El Paso County Advertiser and News* The Honorable Ken Barela, Mayor, City of Fountain, 116 South Main Street, Fountain, Colorado 80817 February 22, 2006 080061 El Paso (FEMA Docket No.: B-7467) Unincorporated areas of El Paso County (04-08-0651P) April 19, 2006; April 26, 2006; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903 July 26, 2006 080059 El Paso (FEMA Docket No.: B-7467) Unincorporated Areas of El Paso County (05-08-0089P) November 16, 2005; November 23, 2005; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903 February 22, 2006 080059 El Paso (FEMA Docket No.: B-7467) Unincorporated Areas of El Paso County (05-08-0586P) March 1, 2006; March 8, 2006; *El Paso County Advertiser and News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208 June 7, 2006 080059 Florida: Hillsborough (FEMA Docket No.: B-7467) Unincorporated Areas of Hillsborough County (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Ms. Patricia G. Bean, County Administrator, Hillsborough County, County Center, 26th Floor, 601 East Kennedy Boulevard, Tampa, Florida 33602 November 30, 2006 120112 Leon (FEMA Docket No.: B-7467) City of Tallahasee (05-04-2969P) May 18, 2006; May 25, 2006; *Tallahasee Democrat* The Honorable John Marks, Mayor, City of Tallahassee, 300 South Adams Street, Tallahasse, Florida 32301 August 24, 2006 120144 Orange (FEMA Docket No.: B-7467) City of Orlando (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Buddy Dyer, Mayor, City of Orlando, P.O. Box 4990, Orlando, Florida 32802 June 14, 2006 120186 Orange (FEMA Docket No.: B-7467) City of Winter Park (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Kenneth Marchman, Mayor, City of Winter Park, 401 Park Avenue South, Winter Park, Florida 32789 June 14, 2006 120188 Orange (FEMA Docket No.: B-7467) Unincorporated Areas of Orange County (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Richard T. Crotty, Mayor, Orange County, 201 South Rosalind Avenue, Fifth Floor, Orlando, Florida 32801 June 14, 2006 120179 Pasco (FEMA Docket No.: B-7467) Unincorporated Areas of Pasco County (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Mr. John J. Gallagher, County Administrator, Pasco County, West Pasco Government Center, 7530 Little Road, Suite 340, New Port Richey, Florida 34654 November 30, 2006 120230 Pinellas (FEMA Docket No.: B-7467) Unincorporated Areas of Pinellas (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Mr. Steve Spratt, County Administrator, Pinellas County, 315 Court Street, Clearwater, Florida 33756 November 30, 2006 125139 Polk (FEMA Docket No.: B-7467) Village of Highland Park (06-04-BP16) July 27, 2006; August 3, 2006; *The Polk County Democrat* The Honorable Earl Sehi, Mayor, Village of Highland Park, 1317 North Highland Park Drive, Lake Wales, Florida 33853 October 23, 2006 120386 Polk (FEMA Docket No.: B-7467) City of Lakeland (04-04-B007P) January 5, 2006; January 12, 2006; *Polk County Democrat* The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5012 April 13, 2006 120267 Polk (FEMA Docket No.: B-7467) City of Lakeland (05-04-2888P) November 10, 2005; November 17, 2005; *The Polk County Democrat* The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5012 October 31, 2005 120267 Polk (FEMA Docket No.: B-7467) Unincorporated Areas of Polk County (04-04-B007P) January 5, 2006; January 12, 2006; *Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005 April 13, 2006 120261 Polk (FEMA Docket No.: B-7467) Unincorporated Areas of Polk County (05-04-1186P) June 5, 2006; June 12, 2006; *The Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005 May 19, 2006 120261 Polk (FEMA Docket No.: B-7467) Unincorporated Areas of Polk County (05-04-1899P) November 14, 2005; November 21, 2005; *The Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005 November 8, 2005 120261 Polk (FEMA Docket No.: B-7467) Unincorporated Areas of Polk County (05-04-BP16P) July 27, 2006; August 3, 2006; *The Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005 October 23, 2006 120261 Santa Rosa (FEMA Docket No.: B-7467) Unincorporated Areas of Santa Rosa County (06-04-BA86P) May 17, 2006; May 24, 2006; *Santa Rosa's Press Gazette* The Honorable Robert A. “Bob” Cole, Chairman, Board of County Commissioners, Santa Rosa County, 6495 Caroline Street, Suite M, Milton, Florida 32570 August 23, 2006 120274 Illinois: Adams (FEMA Docket No.: B-7467) City of Quincy (05-05-2301P) August 24, 2006; August 31, 2006; *Quincy Herald-Whig* The Honorable John A. Spring, Mayor, City of Quincy, 730 Maine Street, Quincy, Illinois 62301 July 31, 2006 170003 Adams (FEMA Docket No.: B-7467) Unincorporated Areas of Adams County (05-05-2301P) August 24, 2006; August 31, 2006; *Quincy Herald-Whig* The Honorable Mike McLaughlin, Chairman, Adams County Board, 521 Vermont Street, Quincy, Illinois 62301 July 31, 2006 170001 Cook (FEMA Docket No.: B-7467) Unincorporated Areas of Cook County (05-05-1222P) February 16, 2006; February 23, 2006; *Daily Herald* The Honorable John H. Stronger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602 May 25, 2006 170054 Kankakee (FEMA Docket No.: B-7467) Village of Manteno (06-05-BE61P) June 22, 2006; June 29, 2006; *Daily Journal* The Honorable Timothy Nugent, Mayor, Village of Manteno, 269 North Main Street, Manteno, Illinois 60950 September 28, 2006 170878 Kendall (FEMA Docket No.: B-7467) Unincorporated Areas of Kendall County (06-05-B570P) April 13, 2006; April 20, 2006; *Kendall County Record* The Honorable Paul Anderson, County Clerk, Kendall County, 111 Fox Street, Yorkville, Illinois 60560 March 27, 2006 170341 La Salle (FEMA Docket No.: B-7467) Unincorporated Areas of La Salle County (05-05-1524P) April 19, 2006; April 26, 2006; *The Mendota Reporter* Mr. Glen
(Joe)Dougherty, Chairman, La Salle County Board of Commissioners, 707 Etna Road, Ottawa, Illinois 61350 March 24, 2006 170400 Will (FEMA Docket No.: B-7467) Village of Plainfield (06-05-B013P) August 24, 2006; August 31, 2006; *Daily Southtown* The Honorable James A. Waldorf, Village President, Village of Plainfield, 14000 West Lockport Street, Plainfield, Illinois 60544 November 30, 2006 170771 Will (FEMA Docket No.: B-7467) Unincorporated Areas of Will County (05-05-3131P) March 23, 2006; March 30, 2006; *Daily Southtown* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432 June 29, 2006 170695 Will (FEMA Docket No.: B-7467) Unincorporated Areas of Will County (06-05-B013P) August 24, 2006; August 31, 2006; *Daily Southtown* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432 November 30, 2006 170695 Indiana: Bartholomew (FEMA Docket No.: B-7467) Unincorporated Areas of Bartholomew County (06-05-BD86P) May 18, 2006; May 25, 2006; *The Republic* The Honorable Fred L. Armstrong, Mayor, City of Columbus, Columbus City Hall, 123 Washington Street, Columbus, Indiana 47201 April 27, 2006 180007 Lake (FEMA Docket No.: B-7467) Town of St. John (05-05-A422P) July 20, 2006; July 27, 2006; *Post-Tribune* Mr. Stephen Z. Kil, Manager, Town of St. John, 10955 West, 93rd Avenue, St. John, Indiana 46373 October 26, 2006 180141 LaPorte (FEMA Docket No.: B-7467) City of Michigan City (06-05-B876P) July 20, 2006; July 27, 2006; *The News-Dispatch* The Honorable Chuck Oberlie, Mayor, City of Michigan City, 100 East Michigan Boulevard, Michigan City, Indiana 46052 July 31, 2006 180147 Marion (FEMA Docket No.: B-7467) City of Indianapolis (05-05-0743P) February 10, 2006; February 17, 2006; *Indianapolis Recorder* The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204 May 18, 2006 180159 Marion (FEMA Docket No.: B-7467) City of Indianapolis (05-05-2979P) April 20, 2006; April 27, 2006; *Indianapolis Newspaper Daily Star* The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204 May 4, 2006 180159 Kentucky: Warren (FEMA Docket No.: B-7467) City of Bowling Green (05-04-1251P) March 30, 2006; April 6, 2006; *Park City Daily News* The Honorable Elaine Walker, Mayor, City of Bowling Green, P.O. Box 430, Bowling Green, Kentucky 42101 March 13, 2006 210219 Maine: Cumberland (FEMA Docket No.: B-7467) City of Falmouth (05-01-0287P) June 22, 2006; June 29, 2006; *Falmouth Community Leader* Mr. John D. Harris, Town Manager, Town of Falmouth, 71 Falmouth Road, Falmouth, Maine 04105 September 28, 2006 230045 Michigan: Kalamazoo (FEMA Docket No.: B-7467) City of Kalamazoo (05-05-2181P) June 22, 2006; June 29, 2006; *The Kalamazoo Gazette* Mr. Kenneth P. Collard, City Manager, City of Kalamazoo, City Hall, 241 West South Street, Kalamazoo, Michigan 49007 June 26, 2006 260315 Kalamazoo (FEMA Docket No.: B-7467) City of Portage (05-05-2181P) June 22, 2006; June 29, 2006; *The Kalamazoo Gazette* Mr. Maurice S. Evans, City Manager, City of Portage, City Hall, 7900 South Westmedge Avenue, Portage, Michigan 49002 June 26, 2006 260577 Wayne (FEMA Docket No.: B-7467) Township of Canton (05-05-3132P) February 16, 2006; February 23, 2006; *Canton Eagle* The Honorable Thomas J. Yack, Supervisor, Township of Canton, 1150 South Canton Center Road, Canton, Michigan 48188 January 26, 2006 260219 Minnesota: Isanti (FEMA Docket No.: B-7467) City of Isanti (04-05-B083P) January 4, 2006; January 11, 2006; *Isanti County News* The Honorable David Apitz, Mayor, City of Isanti, P.O. Box 126, Isanti, Minnesota 55040 April 12, 2006 270199 Isanti (FEMA Docket No.: B-7467) Unincorporated Areas of Isanti County (04-05-B083P) January 4, 2006; January 11, 2006; *Isanti County News* The Honorable Tom Pagel, Chair, Isanti County Board of Commissioners, Isanti County Government Center, 509-555 18th Avenue Southwest, Cambridge, Minnesota 55008 April 12, 2006 270197 Mississippi: Madison (FEMA Docket No.: B-7467) City of Madison (06-04-B265P) June 22, 2006; June 29, 2006; *Madison County Journal* The Honorable Mary Hawkins Butler, Mayor, City of Madison, P.O. Box 40, Madison, Mississippi 39130 May 26, 2006 280229 Madison (FEMA Docket No.: B-7467) City of Madison (06-04-BC51P) June 15, 2006; June 22, 2006; *Madison County Journal* The Honorable Mary Hawkins Butler, Mayor, City of Madison, P.O. Box 40, Madison, Mississippi 39130-0040 September 21, 2006 280229 Madison (FEMA Docket No.: B-7467) Unincorporated Areas of Madison County (06-04-B265P) June 22, 2006; June 29, 2006; *Madison County Journal* The Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, Mississippi 39046 May 26, 2006 280228 Simpson (FEMA Docket No.: B-7467) City of Magee (05-04-1476P) December 15, 2005; December 22, 2005; *The Magee Courier* The Honorable Jimmy Clyde, Mayor, City of Magee, 123 Main Avenue North, Magee, Mississippi 39111 November 22, 2005 280158 Ohio: Butler (FEMA Docket No.: B-7466) Unincorporated Areas of Butler County (05-05-A433P) August 10, 2006; August 17, 2006; *Middletown Journal* The Honorable Gregory V. Jolivette, County Commissioner, Butler County, 130 High Street, Sixth Street, Hamilton, Ohio 45011 November 16, 2006 390037 Franklin (FEMA Docket No.: B-7466) City of Reynoldsburg (05-05-3716P) June 1, 2006; June 8, 2006; *The Columbus Dispatch* The Honorable Ronald McPherson, Mayor, City of Reynoldsburg, 7232 East Main Street, Reynoldsburg, Ohio 43068 May 10, 2006 390177 Franklin (FEMA Docket No.: B-7466) Unincorporated Areas of Franklin County (05-05-3716P) June 1, 2006; June 8, 2006; *The Columbus Dispatch* The Honorable Mary Jo Kilroy, County Commissioner, Franklin County Board of Commissioners, 373 South High Street, Columbus, Ohio 43215 May 10, 2006 390167 Hamilton (FEMA Docket No.: B-7466) Unincorporated Areas of Hamilton County (05-05-3352P) January 18,2006; January 25, 2006; *Hilltop Press* The Honorable Phil Heimlich, Chairman, Hamilton County Board of Supervisors, 138 East Court Street, Room 603, Cincinnati, Ohio 45202 April 26, 2006 390204 Lucas (FEMA Docket No.: B-7466) Village of Berkey (05-05-3351P) April 20, 2006; April 27, 2006; *Toledo Legal News* The Honorable Barb Huff, Mayor, Village of Berkey, Village of Council Building, 12360 Sylvania-Metamore Road, Berkey, Ohio 43504 July 27, 2006 390901 Lucas (FEMA Docket No.: B-7466) Unincorporated Areas of Lucas County (05-05-3351P) April 20, 2006; April 27, 2006; *Toledo Legal News* The Honorable Tina Skeldon Wozniak, President, Lucas County Board of Commissioners, One Government Center, Suite 800, Toledo, Ohio 43604 July 27, 2006 390359 Medina (FEMA Docket No.: B-7466) City of Brunswick (06-05-B240P) August 17, 2006; August 24, 2006; *The Medina Gazette* The Honorable Dale Strasser, Mayor, City of Brunswick, 4095 Center Road, Brunswick, Ohio 44212 November 23, 2006 390380 Montgomery (FEMA Docket No.: B-7466) City of Clayton (05-05-2903P) February 15, 2006; February 22, 2006; *Englewood Independent* The Honorable Ted Gudorf, Mayor, City of Clayton, 14 West Fourth Street, Dayton, Ohio 45481 May 24, 2006 390821 Montgomery (FEMA Docket No.: B-7466) City of Englewood (05-05-2903P) February 15, 2006; February 22, 2006; *Englewood Independent* The Honorable Michael Bowers, Jr., Mayor, City of Englewood, 333 West National Road, Englewood, Ohio 45322-1495 May 24, 2006 390828 Montgomery (FEMA Docket No.: B-7466) City of Englewood (06-05-B499P) July 5, 2006; July 12, 2006; *Englewood Independent* The Honorable Michael Bowers, Jr., Mayor, City of Englewood, 333 West National Road, Englewood, Ohio 45322-1495 October 11, 2006 390828 Montgomery (FEMA Docket No.: B-7466) Unincorporated Areas of Montgomery County (05-05-4118P) December 21, 2005; December 28, 2005; *Englewood Independent* Ms. Deborah Feldman, Administrator, Montgomery County, 451 West Third Street, Dayton, Ohio 45422 December 8, 2005 390775 Oklahoma: Oklahoma (FEMA Docket No.: B-7474) City of Edmond (06-06-BD47P) October 26, 2006; November 2, 2006; *The Edmond Sun* The Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, Oklahoma 73083 February 1, 2007 400252 New Mexico: Bernalillo (FEMA Docket No.: B-7466) City of Albuquerque (06-06-B190P) July 13, 2006; July 20, 2006; *Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 June 27, 2006 350002 Bernalillo (FEMA Docket No.: B-7466) Unincorporated Areas of Bernalillo County (06-06-B190P) July 13, 2006; July 20, 2006; *The Albuquerque Journal* The Honorable Tim Cummins, County Commissioner, Bernalillo County, One Civic Plaza Northwest, 10th Floor, Albuquerque, New Mexico 87102 June 27, 2006 350001 South Carolina: Charleston (FEMA Docket No.: B-7466) Town of Mount Pleasant (06-04-B002P) February 15, 2006; February 22, 2006; *Moultrie News* The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant, P.O. Box 745, Mount Pleasant, South Carolina 29465 January 31, 2006 455417 Greenville (FEMA Docket No.: B-7466) City of Simpsonville (05-04-A572P) June 29, 2006; July 06, 2006; *The Greenville News* The Honorable Dennis C. Waldrop, Mayor, City of Simpsonville, City Hall, 118 Northeast Main Street, Simpsonville, South Carolina 29681 October 5, 2006 450092 Greenville (FEMA Docket No.: B-7466) Unincorporated Areas of Greenville County (05-04-A572P) June 29, 2006; July 6, 2006; *The Greenville News* The Honorable Herman G. Kirven, Chairman, Greenville County Council, 313 League Road, Simpsonville, South Carolina 29681 October 5, 2006 450089 Greenville (FEMA Docket No.: B-7466) Unincorporated Areas of Greenville County (06-04-B011P) May 20, 2006; May 25, 2006; *The Greenville News* The Honorable Butch Kirven, Chairman, Greenville County Council, Greenville County Square, 301 University Ridge, Simpsonville, South Carolina 29601 August 24, 2006 450089 Greenville (FEMA Docket No.: B-7466) Unincorporated Areas of Greenville County (06-04-B012P) May 20, 2006; May 26, 2006; *The Greenville News* The Honorable Butch Kirven, Chairman, Greenville County Council, County Square, 301 University Ridge, Simpsonville, South Carolina 29601 August 25, 2006 450089 Horry (FEMA Docket No.: B-7466) Unincorporated Areas of Horry County (06-04-B138X) December 22, 2005; December 29, 2005; *Horry Independent* The Honorable Elizabeth Gilland, Chairman, Horry County Council, 1511 Elm Street, Conway, South Carolina 29526 March 30, 2006 450104 Lancaster (FEMA Docket No.: B-7466) Unincorporated Areas of Lancaster County (05-04-2990P) February 2, 2006; February 9, 2006; *The Herald* Mr. Chappell “Chap” Hurst, Jr., County Administrator, Lancaster County, P.O. Box 1809, Lancaster, South Carolina 29721 May 11, 2006 450120 Richland (FEMA Docket No.: B-7466) City of Columbia (05-04-A589P) August 11, 2006; August 18, 2006; *The Columbia Star* The Honorable Bob Cobble, Mayor, City of Columbia, P.O. Box 147, Columbia, South Carolina 29217 November 17, 2006 450172 Richland (FEMA Docket No.: B-7466) Town of Irmo (05-04-3485P) May 18, 2006; May 25, 2006; *The Irmo News* The Honorable John L. Gibbons, Mayor, Town of Irmo, P.O. Box 406, Irmo, South Carolina 29063 August 24, 2006 450133 Richland (FEMA Docket No.: B-7466) Unincorporated Areas of Richland County (05-04-3127P) March 24, 2006; March 31, 2006; *Columbia Star* Mr. T. Cary McSwaim, County Administrator, Richland County, P.O. Box 192, Columbia, South Carolina 29202 February 24, 2006 450170 Richland (FEMA Docket No.: B-7466) Unincorporated Areas of Richland County (05-04-3485P) May 18, 2006; May 25, 2006; *The Irmo News* The Honorable Tony Mizzell, Chair, Richland County Council, 2020 Hampton Street, Columbia, South Carolina 29202 August 24, 2006 450170 Richland (FEMA Docket No.: B-7466) Unincorporated Areas of Richland County (05-04-A589P) August 11, 2006; August 18, 2006; *The Columbia Star* Mr. J. Milton Pope, Interim County Administrator, Richland County, P.O. Box 192, Columbia, South Carolina 29202 November 17, 2006 450170 York (FEMA Docket No.: B-7466) Unincorporated Areas of York County (05-04-2990P) February 2, 2006; February 9, 2006; *The Herald* Mr. Alfred W. “Al” Greene, County Manager, York County, P.O. Box 66, York, South Carolina 29745 May 11, 2006 450193 Tennessee: Cheatham (FEMA Docket No.: B-7466) Town of Ashland City (06-04-A705P) May 18, 2006; May 25, 2006; *The Ashland City Times* The Honorable Gary Norwood, Mayor, Town of Ashland City, P.O. Box 36, Ashland City, Tennessee 37015 August 23, 2006 470027 Davidson (FEMA Docket No.: B-7466) City of Forest Hills (05-04-A471P) June 15, 2006; June 22, 2006; *Nashville Record* The Honorable Charles K. Evers, Mayor, City of Forest Hills, 4012 Hillsboro Road, Suite 5, Nashville, Tennessee 37215 September 21, 2006 470407 Davidson (FEMA Docket No.: B-7466) Metropolitan Government of Nashville and Davidson County (05-04-2201P) January 26, 2006; February 2, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201 January 12, 2006 470040 Davidson (FEMA Docket No.: B-7466) Metropolitan Government of Nashville and Davidson County (06-04-B137P) March 23, 2006; March 30, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, Metro City Hall, 225 Polk Avenue, Nashville, Tennessee 37203 June 29, 2006 470040 Henry (FEMA Docket No.: B-7466) City of Paris (05-04-3184P) March 30, 2006; April 6, 2006; *Paris Post-Intelligencer* The Honorable Larry Crawford, Mayor, City of Paris, P.O. Box 970, Paris, Tennessee 38242 July 06, 2006 470090 Rutherford (FEMA Docket No.: B-7466) Unincorporated Areas of Rutherford County (06-04-B427P) May 25, 2006; June 1, 2006; *The Tennessean* The Honorable Nancy R. Allen, County Executive, Rutherford County, County Courthouse, Room 101, Murfreesboro, Tennessee 37130 August 24, 2006 470165 Shelby (FEMA Docket No.: B-7466) Town of Collierville (06-04-B865P) August 24, 2006; August 31, 2006; *The Daily News* The Honorable Linda Kerley, Mayor, Town of Collierville, 500 Poplar View Parkway, Collierville, Tennessee 38017 July 31, 2006 470263 Shelby (FEMA Docket No.: B-7466) City of Memphis (05-04-0247P) August 21, 2006; August 28, 2006; *The Commercial Appeal* The Honorable Willie W. Herenton, Mayor, City of Memphis, City Hall, 125 North Main Street, Room 700, Memphis, Tennessee 38103 July 28, 2006 470177 Shelby (FEMA Docket No.: B-7466) Unincorporated Areas of Shelby County (06-04-B865P) August 24, 2006; August 31, 2006; *The Daily News* The Honorable A.C. Wharton, Jr., Mayor, Shelby County, 160 North Main Street, Suite 850, Memphis, Tennessee 38103 July 31, 2006 470214 Texas: Angelina (FEMA Docket No.: B-7466) City of Lufkin (05-06-0240P) March 16, 2006; March 23, 2006; *The Lufkin Daily News* The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, P.O. Box 190, Lufkin, Texas 75902-0190 June 22, 2006 480009 Bell (FEMA Docket No.: B-7466) City of Killeen (05-06-0514P) March 23, 2006; March 30, 2006; *Killeen Daily Herald* The Honorable Maureen Jouett, Mayor, City of Killeen, 101 North College Street, Third Floor, Killeen, Texas 76541 March 1, 2006 480031 Bexar (FEMA Docket No.: B-7466) City of San Antonio (05-06-1455P) August 24, 2006; August 31, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 September 7, 2006 480045 Bexar (FEMA Docket No.: B-7466) City of San Antonio (06-06-B641P) July 21, 2006; July 28, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 October 27, 2006 480045 Bexar (FEMA Docket No.: B-7466) Unincorporated Areas of Bexar County (05-06-1445P) January 12, 2006; January 19, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 January 5, 2006 480035 Bexar (FEMA Docket No.: B-7466) Unincorporated Areas of Bexar County (05-06-A520P) July 14, 2006; July 21, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 1.20, San Antonio, Texas 78205 October 20, 2006 480035 Bexar (FEMA Docket No.: B-7466) Unincorporated Areas of Bexar County (06-06-B271P) June 22, 2006; June 29, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 1.20, San Antonio, Texas 78205 May 31, 2006 480035 Collin (FEMA Docket No.: B-7466) City of Allen (06-06-B418P) July 27, 2006; August 3, 2006; *The Allen American* The Honorable Stephen Terrell, Mayor, City of Allen, City Hall, 305 Century Parkway, Allen, Texas 75002 November 2, 2006 480131 Collin (FEMA Docket No.: B-7466) City of Allen (06-06-B430P) August 17, 2006; August 24, 2006; *The Allen American* The Honorable Stephen Terrell, Mayor, City of Allen, City Hall, 305 Century Parkway, Allen, Texas 75002 July 31, 2006 480131 Collin (FEMA Docket No.: B-7466) City of Frisco (06-06-B193P) September 1, 2006; September 8, 2006; *Frisco Enterprise* The Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034 August 24, 2006 480134 Collin (FEMA Docket No.: B-7474) City of McKinney (06-06-BD88P) September 21, 2006; September 28, 2006; *McKinney Courier Gazette* The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, Texas 75069 October 2, 2006 480135 Dallas (FEMA Docket No.: B-7466) City of Carrollton (05-06-0086P) April 5, 2006; April 12, 2006; *Carrollton Leader* The Honorable Becky Miller, Mayor, City of Carrollton, 945 East Jackson Road, Carrollton, Texas 75006 July 12, 2006 480167 Dallas (FEMA Docket No.: B-7466) City of Garland (05-06-A172P) July 20, 2006; July 27, 2006; *The Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046 October 26, 2006 485471 Dallas (FEMA Docket No.: B-7466) City of Garland (06-06-B043P) June 22, 2006; June 29, 2006; *The Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046 May 31, 2006 485471 Dallas (FEMA Docket No.: B-7466) City of Sachse (06-06-B043P) June 22, 2006; June 29, 2006; *The Daily Commercial Record* The Honorable Michael Felis, Mayor, City of Sachse, 5560 State Highway 78, Sachse, Texas 75048 May 31, 2006 480186 Dallas (FEMA Docket No.: B-7466) Unincorporated Areas of Dallas County (05-06-A509P) May 5, 2006; May 11, 2006; *Dallas Morning News* The Honorable Margaret Keliher, Judge, Dallas County, Administration Office, 411 Elm Street, Dallas, Texas 75202 April 19, 2006 480165 Denton (FEMA Docket No.: B-7466) Unincorporated Areas of Denton County (05-06-1429P) April 20, 2006; April 27, 2006; *Fort Worth Star-Telegram* The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, Second Floor, Denton, Texas 76201 July 27, 2006 480774 Denton & Tarrant (FEMA Docket No.: B-7466) Unincorporated Areas of Tarrant County (05-06-1429P) April 20, 2006; April 27, 2006; *Fort Worth Star-Telegram* The Honorable Tom Vandergriff, Tarrant County Judge,100 East Weatherford, Suite 502 A, Fort Worth, Texas 76196 July 27, 2006 480582 Ellis (FEMA Docket No.: B-7466) Unincorporated Areas of Ellis County (05-06-A558P) April 13, 2006; April 20, 2006; *The Ellis County Press* The Honorable Chad Adams, Judge, Ellis County, 101 West Main Street, Waxahachie, Texas 75165 July 20, 2006 480798 Ellis (FEMA Docket No.: B-7466) City of Waxahachie (06-06-B466P) June 21, 2006; June 28, 2006; *Waxahachie Daily Light* The Honorable Jay Barksdale, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, Texas 75168-0757 September 27, 2006 480211 Harris (FEMA Docket No.: B-7466) Unincorporated Areas of Harris County (05-06-1299P) March 16, 2006; April 6, 2006; *Houston Chronicle* The Honorable Robert Eckels, Harris County Judge, 1001 Preston, Suite 911, Houston, Texas 77002 June 22, 2006 480287 Harris (FEMA Docket No.: B-7474) Unincorporated areas of Harris County (06-06-B330P) October 26, 2006; November 2, 2006; *Houston Chronicle* The Honorable Robert Eckels, Harris County Judge, 1001 Preston, Suite 911, Houston, TX 77002 September 29, 2006 480287 Hays (FEMA Docket No.: B-7474) City of Kyle (06-06-B463P) October 18, 2006; October 25, 2006; *The Free Press* The Honorable Miguel Gonzalez, Mayor, City of Kyle, P.O. Box 40, Kyle, TX 78640 Jauary 25, 2007 481108 Johnson (FEMA Docket No.: B-7474) City of Burleson (06-06-A711P) October 19, 2006; October 26, 2006; *Fort Worth Star-Telegram* The Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028 January 25, 2007 485459 Jones and Taylor (FEMA Docket No.: B-7466) City of Abilene (05-06-1712P) January 26, 2006; February 2, 2006; *Abilene Reporter News* The Honorable Norm Archibald, Mayor, City of Abilene, 717 Byrd Drive, Abilene, Texas 79601 May 4, 2006 485450 Kendall (FEMA Docket No.: B-7466) Unincorporated Areas of Kendall County (04-06-A211P) August 22, 2006; August 29, 2006; *The Boerne Star* The Honorable Eddie John Vogt, Kendall County Judge, 204 East San Antonio Street, Boerne, Texas 78006 November 28, 2006 480417 Lubbock (FEMA Docket No.: B-7466) City of Wolfforth (05-06-0566P) February 2, 2006; February 9, 2006; *Lubbock Avalanche-Journal* The Honorable L.C. Childers, Mayor, City of Wolfforth, P.O. Box 36, Wolfforth, Texas 79382 May 11, 2006 480918 Medina (FEMA Docket No.: B-7466) Unincorporated Areas of Medina County (06-06-BB97P) August 24, 2006; August 31, 2006; *Hondo Anvil Herald* The Honorable James E. Barden, Medina County Judge, Medina County Courthouse, 1100 16th Street, Room 101, Hondo, Texas 78861 July 31, 2006 480472 Rockwall (FEMA Docket No.: B-7466) City of Royse (05-06-A064P) April 12, 2006; April 19, 2006; *Royse City Herald Banner* The Honorable Jim Mellody, Mayor, City of Royse City, P.O. Box 638, Royse City, Texas 75189 July 20, 2006 480548 Tarrant (FEMA Docket No.: B-7466) City of Arlington (05-06-0568P) April 20, 2006; April 27, 2006; *Fort Worth Star-Telegram* The Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, Texas 76004-0231 July 27, 2006 485454 Tarrant (FEMA Docket No.: B-7466) City of Benbrook (05-06-0711P) February 2, 2006; February 9, 2006; *Benbrook News* The Honorable Jerry B. Dittrich, Mayor, City of Benbrook, 911 Winscott Road, Benbrook, Texas 76126 May 11, 2006 480586 Tarrant (FEMA Docket No.: B-7466) City of Dalworthington Gardens (05-06-0568P) April 20, 2006; April 27, 2006; *Fort Worth Star-Telegram* The Honorable Albert Taub, Mayor, City of Dalworthington Gardens, 2600 Roosevelt Drive, Arlington, Texas 76016 July 27, 2006 480013 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (05-06-0767P) December 8, 2005; December 15, 2005; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 March 16, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (05-06-A227P) January 12, 2006; January 19, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 April 20, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (05-06-A230P) August 24, 2006; August 31, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 November 30, 2006 480596 Tarrant (FEMA Docket No.: B-7474) City of Fort Worth (05-06-A327P) May 11, 2006; May 18, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 August 17, 2006 480596 Tarrant (FEMA Docket No.: B-7474) City of Fort Worth (06-06-A711P) October 19, 2006; October 26, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 January 25, 2007 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (06-06-B207P) August 17, 2006; August 24, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 November 23, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (06-06-B029P) August 24, 2006; August 31, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 July 31, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (06-06-BD72P) August 24, 2006; August 31, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 July 31, 2006 480596 tarrant (FEMA Docket No.: B-7474) City of Fort Worth (06-06-B569P) May 18, 2006; May 25, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 August 24, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Fort Worth (06-06-B570P) July 13, 2006; July 20, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 October 19, 2006 480596 Tarrant (FEMA Docket No.: B-7466) City of Saginaw (06-06-B837P) July 27, 2006; August 3, 2006; *Northwest Tarrant County Times-Record* The Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, Texas 76179 August 11, 2006 480610 Tarrant (FEMA Docket No.: B-7474) Unincorporated areas of Tarrant County (05-06-A327P) May 11, 2006; May 18, 2006; *Fort Worth Star-Telegram* The Honorable Tom Vandergriff, Tarrant County Judge, 100 East Weatherford, Fort Worth, TX 76196 August 17, 2006 480582 Tarrant (FEMA Docket No.: B-7474) Unincorporated areas of Tarrant County (06-06-A711P) October 19, 2006; October 26, 2006; *Fort Worth Star-Telegram* The Honorable Tom Vandergriff, Tarrant County Judge, 100 East Weatherford, Suite 502A, Fort Worth, TX 76196 January 25, 2007 480582 Travis (FEMA Docket No.: B-7466) City of Austin (05-06-A031P) July 27, 2006; August 3, 2006; *Austin American-Statesman* The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767 June 30, 2006 480624 Travis (FEMA Docket No.: B-7466) Unincorporated Areas of Travis County (05-06-A031P) July 27, 2006; August 3, 2006; *Austin American-Statesman* The Honorable Samuel T. Biscoe, Travis County Judge, P.O. Box 1748, Austin, Texas 78767-1748 June 30, 2006 481026 Wisconsin: Milwaukee and Washington (FEMA Docket No.: B-7466) City of Milwaukee (04-05-A652P) February 23, 2006; March 2, 2006; *Milwaukee Journal Sentinel* The Honorable Tom Barrett, Mayor, City of Milwaukee, City Hall, Room 201, 200 East Wells Street, Milwaukee, Wisconsin 53202 June 1, 2006 550278 Pierce (FEMA Docket No.: B-7466) Village of Plum City (05-05-1545P) August 16, 2006; August 23, 2006; *Pierce County Herald* The Honorable Douglas E. Watkins, Village President, Village of Plum City, P.O. Box 207, Plum City, Wisconsin 54761 November 23, 2006 550328 Outagamie (FEMA Docket No.: B-7466) Unincorporated Areas of Outagamie County (05-05-A000P) June 1, 2006; June 8, 2006; *The Post-Crescent* The Honorable Toby Paltzer, County Executive, Outagamie County, 410 South Walnut Street, Appleton, Wisconsin 54911 April 28, 2006 550302 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: April 10, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 07-1979 Filed 4-23-07; 8:45 am]
Connectionstraces to 43
Traces to 43 documents
U.S. Code
48 references not yet in our index
  • 15 CFR 730
  • 15 CFR 732
  • 15 CFR 742
  • 10 USC 7430(e)
  • Pub. L. 108-175
  • Pub. L. 106-387
  • Pub. L. 107-56
  • 21 CFR 312.1106
  • Pub. L. 108-11
  • 117 Stat. 559
  • 15 CFR 746
  • 3 CFR 1993
  • 15 CFR 774
  • 17 CFR 249
  • 21 CFR 884
  • 21 CFR 807
  • 5 USC 601-612
  • Pub. L. 104-4
  • 40 CFR 63
  • 40 CFR 2
  • 40 CFR 63.3081(b)
  • 40 CFR 63.4481
  • 40 CFR 63.3130(o)
  • 40 CFR 63.3161(e)
  • 40 CFR 63.3161(f)
  • 40 CFR 63.3165
  • 40 CFR 63.3171(f)
  • 40 CFR 63.3161(g)
  • 40 CFR 63.3161(l)
  • 40 CFR 63.3165(e)
  • 40 CFR 63.3167(a)(2)
  • 40 CFR 63.3167(b)(6)
  • 40 CFR 63.4567(b)(4)
  • 40 CFR 63.3167(f)
  • 40 CFR 63.3169
  • 40 CFR 63.3174
  • 40 CFR 9
  • 40 CFR 60
  • 40 CFR 51
  • 40 CFR 80
+ 8 more
Citation graph
cites case law
Unknown
Final rule; correction
Fed. Reg.Notices
U.S.C.§ 3501
U.S.C.§ 553
U.S.C.§ 601
U.S.C.§ 1701
U.S.C.§ 7420
U.S.C.§ 287c
U.S.C.§ 2151
U.S.C.§ 3201
Cite15 CFR 730
Cite15 CFR 732
Cite15 CFR 742
Cites 91 · showing 12Cited by 0 across 0 sources
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