Unknown. Interim rule with request for comments
30,175 words·~137 min read·
/register/2007/05/10/07-2318A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2007-05-10.xml --- 72 90 Thursday, May 10, 2007 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 26588 E7-9017 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Telecommunications Act accessibility guidelines and electronic and information technology accessibility standards:
Telecommunications and Electronic and Information Technology Advisory Committee— Meetings, 26580-26581 E7-8952 Army Army Department PROPOSED RULES Personnel: Regular Army and Reserve Components; recruiting and enlistments, 26576-26578 E7-8793 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department NOTICES Privacy Act: systems of records, 26607-26608 E7-8988 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.:
University Center Economic Development Program, 26589 E7-8995 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 26608-26609 E7-8999 Committees; establishment, renewal, termination, etc.: Institutional Quality and Integrity National Advisory Committee, 26609 E7-9019 Grants and cooperative agreements; availability, etc.: Innovation and improvement— Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnerships Programs, 26609-26610 E7-8950 Safe and drug free schools programs— Safe Schools/ Healthy Students Program, 26692-26701 E7-9041 E7-9043 Postsecondary education:
Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs— Award year deadline dates, 26610-26611 E7-8946 Employment Employment and Training Administration NOTICES Grant and cooperative agreement awards: Rural Industrialization Loan and Grant Program; compliance certification requests, 26649 E7-9009 Grants and cooperative agreements; availability, etc.: Workforce Investment Act— National Farmworker Jobs Program, 26650 E7-9004 National Farmworker Jobs Program; housing assistance, 26649 E7-9003 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Toxic substances:
Dioxin and Dioxin-like compounds; chemical release reporting, 26544-26554 E7-9015 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas Virginia; correction, 26581-26582 E7-9010 Water pollution control: National Pollutant Discharge Elimination System— Concentrated animal feeding operations; compliance dates extension, 26582-26587 E7-9027 NOTICES Air pollution control: California pollution control standards— Federal preemption waiver request; public hearing, 26626-26627 E7-9025 Air programs:
Ambient air monitoring reference and equivalent methods— Sulfur dioxide; new equivalent method, 26627-26628 07-2317 Committees; establishment, renewal, termination, etc.: Adaptation for Climate-Sensitive Ecosystems and Resources Advisory Committee, 26628 E7-9024 Human Impacts of Climate Change Advisory Committee, 26628-26629 E7-9023 Meetings: Coastal Elevations and Sea Level Rise Advisory Committee, 26629 E7-9016 Reports and guidance documents; availability, etc.: EPA's 2007 Report on the Environment;
Science Report, 26629-26631 E7-9022 Semi-annual agenda Correction, 26631 E7-9013 Superfund; response and remedial actions, proposed settlements, etc.: Hilliard's Creek Site, Route 561 Dump Site and U.S. Avenue Burn Site, NJ, 26631-26632 E7-9014 Water programs: National Clean Water Act Recognition Awards, 26632 E7-9026 FAA Federal Aviation Administration RULES Air carrier certification and operations: Multi-engine airplanes; extended operations Correction, 26540-26542 E7-8810 Airworthiness directives:
General Electric Co., 26538-26540 E7-8990 NOTICES Advisory circulars; availability, etc.: Aircraft Certification Service, advisory circulars, policy documents, and technical standard orders, 26678 07-2309 FCC Federal Communications Commission RULES Radio frequency devices: Analog-only TV equipment; labels or signs disclosing limitations after deadline for transition to digital television service, 26554-26560 07-2318 NOTICES Agency information collection activities; proposals, submissions, and approvals, 26632-26633 E7-9028 Federal Election Federal Election Commission PROPOSED RULES Political party committee hybrid communications; attribution of expenses; comment request, 26569-26576 E7-8956 NOTICES Special elections; filing dates:
California, 26633-26635 E7-8955 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 26623-26624 E7-8963 Environmental statements; availability, etc.: Garkane Energy Cooperative, Inc., 26624 E7-8972 Hydroelectric applications, 26624-26625 E7-8971 Meetings: Preventing undue discrimination and preference in transmission service; technical conference, 26625-26626 E7-8973 Reliability First and Midwest Reliability Organization Resource Adequacy Conference et al., 26626 E7-8935 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 26611 E7-8983 Canyon Creek Compression Co., 26611-26612 E7-8929 Cheyenne Plains Gas Pipeline Co., L.L.C., 26612 E7-8925 Crossroads Pipeline Co., 26612 E7-8979 Dominion Cove Point LNG, LP, 26612-26613 E7-8975 Dominion Transmission, Inc., E7-8976 26613 E7-8980 Equitrans, L.P., 26614 E7-8974 Florida Gas Transmission Co., LLC, 26614 E7-8965 Freebird Gas Storage, LLC, 26614-26615 E7-8968 Garden Banks Gas Pipeline, LLC, 26615 E7-8928 Great Lakes Gas Transmission Limited Partnership, 26615 E7-8981 Guardian Pipeline, L.L.C., 26615-26616 E7-8970 Gulfstream Natural Gas System, L.L.C., 26616 E7-8934 Hardy Storage Co., LLC, 26616-26617 E7-8985 Kern River Gas Transmission Co., 26617 E7-8982 Louisville Gas and Electric Co., 26617-26618 E7-8969 National Fuel Gas Supply Corp., 26618 E7-8930 Natural Gas Pipeline Co. of America, 26618-26619 E7-8964 Northern Natural Gas Co., E7-8931 26619-26620 E7-8932 Northwest Pipeline Corp., E7-8966 26620 E7-8967 Rockies Express Pipeline LLC, 26620-26621 E7-8926 Southern Natural Gas Co., E7-8927 26621 E7-8984 Stingray Pipeline Co., L.L.C., 26621-26622 E7-8933 Williston Basin Interstate Pipeline Co., E7-8977 26622-26623 E7-8978 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Greene County, PA; cancellation, 26678 07-2315 Los Angeles County, CA, 26679 E7-8937 San Bernardino County, CA, 26679-26681 E7-8939 E7-8940 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Canadian National Railway Co., 26681 E7-9030 Marquette Rail, LLC, 26681-26682 E7-9029 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 26635 E7-8909 Formations, acquisitions, and mergers, 26635 E7-8910 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.:
Marin Islands National Wildlife Refuge, CA; comprehensive conservation plan, 26641-26642 E7-8948 Meetings: Lake Champlain Sea Lamprey Control Alternatives Workgroup, 26643 E7-8989 Food Food and Drug Administration NOTICES Meetings: Medical Devices Advisory Committee, 26637 E7-9054 Vaccines and Related Biological Products Advisory Committee; correction, 26637-26638 E7-9053 Reports and guidance documents; availability, etc.: Computerized systems used in clinical investigations; industry guidance, 26638-26639 E7-9056 Protecting rights, safety, and welfare of study subjects; supervisory responsibilities of investigators; industry guidance, 26639 E7-9055 Food Food Safety and Inspection Service PROPOSED RULES Meat and poultry inspection:
Poultry product exportation to United States; eligible countries; addition— Chile, 26567-26568 07-2202 Forest Forest Service PROPOSED RULES National Forest System lands: Unauthorized mineral operations; criminal citation issuance; clarification, 26578-26580 E7-8706 NOTICES Environmental statements; availability, etc.: Santa Fe County, NM; Buckman Water Diversion Project, 26643-26644 07-2303 GSA General Services Administration NOTICES Privacy Act; systems of records, 26635-26636 E7-8947 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 26639-26641 E7-9011 E7-9012 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Income taxes:
Repeal of tax interest on nonresident alien individuals and foreign corporations received from certain portfolio debt investments Correction, 26542-26543 E7-8922 E7-8923 PROPOSED RULES Income taxes: Open account debt between S corporations and their shareholders; hearing Correction, 26689 Z7-6764 Taxpayers claiming direct and indirect foreign tax credits; paid tax amounts determination for Section 901 purposes; hearing Correction, 26576 E7-8942 NOTICES Agency information collection activities; proposals, submissions, and approvals, 26682-26687 E7-8915 E7-8916 E7-8917 E7-8918 E7-8919 E7-8920 E7-8921 Health Insurance Portability and Accountability Act of 1996; implementation:
Expatriation; individuals losing United States citizenship; quarterly listing, 26687-26688 E7-8924 International International Trade Administration NOTICES Antidumping: Carbazole violet pigment 23 from— China, 26589-26591 E7-9042 Carbon and certain alloy steel wire rod from— Canada, 26591-26593 E7-9039 Low enriched uranium from— France, 26593-26595 E7-9038 Petroleum wax candles from— China, 26595-26600 E7-9040 Polyethylene retail carrier bags from— Malaysia, 26600-26603 E7-9036 Countervailing duties:
Low enriched uranium from— France, 26603-26604 E7-9037 International International Trade Commission NOTICES Import investigations: Sucralose, sweeteners containing sucralose, and related intermediate compounds, 26645-26646 E7-9047 Meetings; Sunshine Act, 26646 E7-9088 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 26646-26647 E7-9000 Pollution control; consent judgments: Armstrong World Industries, Inc. et al., 26647-26648 07-2305 Total Petrochemicals USA, Inc., 26648 07-2306 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 26648-26649 E7-8998 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Santa Fe County, NM; Buckman Water Diversion Project, 26643-26644 07-2303 Meetings: Resource Advisory Councils— Arizona, 26644-26645 07-2316 Merit Merit Systems Protection Board RULES Merit Systems Protection Board employees; supplemental standards of ethical conduct, 26533-26535 E7-9035 Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.: Quarterly report, 26650-26655 E7-8961 NASA National Aeronautics and Space Administration RULES Acquisition regulations:
Unclassified information technology resources; security requirements, 26560-26563 E7-9057 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies, 26563-26566 07-2302 NOTICES Exempted fishing permit applications, determinations, etc., 26604-26605 E7-9046 Meetings: Gulf of Mexico Fishery Management Council, 26605 E7-9050 New England Fishery Management Council, 26605-26606 E7-9048 E7-9049 North Pacific Fishery Management Council, 26606-26607 E7-9051 Western Pacific Fishery Management Council, 26607 E7-9052 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:
Approved spent fuel storage casks; list, 26535-26538 E7-9008 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 26568-26569 E7-9007 NOTICES Agency information collection activities; proposals, submissions, and approvals, 26655-26656 E7-9005 E7-9006 Meetings; Sunshine Act, 26656-26657 07-2336 Postal Postal Service RULES Domestic Mail Manual: First-class mail and priority mail services; new standards, 26543-26544 E7-9129 Presidential Presidential Documents PROCLAMATIONS Special observances:
Mother's Day (Proc. 8140), 26703-26706 07-2355 ADMINISTRATIVE ORDERS Syria; continuation of national emergency (Notice of May 8, 2007), 26707-26708 07-2356 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 26657 E7-8949 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: First American Investment Funds, Inc., et al, 26657-26659 E7-9001 Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 26659-26660 E7-8958 Chicago Stock Exchange, Inc., 26660-26662 E7-8960 Fixed Income Clearing Corp., 26662-26663 E7-8913 International Securities Exchange, LLC, 26663-26664 E7-8912 National Association of Securities Dealers, Inc., 26664-26666 E7-8914 NYSE Arca, Inc, 26666-26669 E7-9044 E7-9045 Options Clearing Corp., 26669-26672 E7-8957 E7-8959 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 26672 E7-9018 State State Department NOTICES Grants and cooperative agreements; availability, etc.:
Educational Adviser Training and Support Services Program, 26672-26677 E7-9034 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 26641 E7-8994 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Aviation proceedings: Hearings, etc.— Frontier Airlines, 26678 E7-8997 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 26682 E7-9032 U.S.
U.S.-China Economic and Security Review Commission NOTICES Hearings, 26688 E7-9020 Separate Parts In This Issue Part II Education Department, 26692-26701 E7-9041 E7-9043 Part III Executive Office of the President, Presidential Documents 26703-26708 07-2355 07-2356 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 90 Thursday, May 10, 2007 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Chapter LXIV RIN 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Merit Systems Protection Board AGENCY:
Merit Systems Protection Board (MSPB). ACTION: Interim rule with request for comments. SUMMARY: The Merit Systems Protection Board, with the concurrence of the Office of Government Ethics (OGE), is issuing an interim regulation for employees of the MSPB that supplements the executive-branch-wide Standards of Ethical Conduct (Standards) issued by OGE. With certain exceptions, the supplemental regulation requires MSPB employees, except special Government employees, to obtain approval before engaging in outside employment.
DATES: This interim rule is effective June 11, 2007. Written comments must be received on or before July 9, 2007. ADDRESSES: Send or deliver comments to the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419; fax:
(202)653-7130; e-mail: *mspb@mspb.gov* . FOR FURTHER INFORMATION CONTACT: Rosa M. Koppel, Deputy General Counsel, fax:
(202)653-6203; email: *mspb@mspb.gov* . SUPPLEMENTARY INFORMATION: Background On August 7, 1992, the Office of Government Ethics published the Standards of Ethical Conduct for Employees of the Executive Branch (Standards), which became effective on February 3, 1993. The Standards, as corrected and amended, are codified at 5 CFR part 2635. The Standards set uniform ethical conduct standards applicable to all executive branch personnel. Section 2635.105 of the Standards authorizes agencies, with the concurrence of OGE, to publish agency-specific supplemental regulations that are necessary to properly implement their respective ethics programs. The MSPB, with OGE's concurrence, has determined that the following interim supplemental rule is necessary for successful implementation of its ethics program. Analysis of the Regulations Section 7401.101 General Section 7401.101 explains that the regulations in part 7401 apply to employees of the MSPB and supplement the OGE Standards. The section also includes cross-references to other issuances applicable to MSPB employees, including the regulations concerning executive branch financial disclosure, financial interests, and employee responsibilities and conduct, as well as implementing MSPB guidance and procedures issued in accordance with the OGE Standards. Section 7401.102 Prior Approval for Outside Employment In accordance with 5 CFR 2635.803, the MSPB has determined it is necessary or desirable for the purpose of administering its ethics program to require its employees to obtain approval before engaging in outside employment or activities. This approval requirement will help to ensure that potential ethical problems are resolved before employees begin outside employment or activities that could involve a violation of applicable statutes and standards of conduct. Section 7401.102(a) provides that an MSPB employee, other than a special Government employee, must obtain advance written approval from the employee's supervisor and the concurrence of the Designated Agency Ethics Official
(DAEO)or alternate DAEO before engaging in any outside employment, except to the extent that the MSPB DAEO or alternate DAEO has issued an instruction or manual pursuant to paragraph
(e)of this section exempting an activity or class of activities from this requirement. Section 7401.102(b) broadly defines outside employment to cover any form of non-Federal employment or business relationship involving the provision of personal services, whether or not for compensation, other than in the discharge of official duties. It includes writing when done under an arrangement with another person or entity for production or publication of the written product. It does not, however, include participation in the activities of nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organizations, unless such activities are for compensation other than reimbursement of expenses, the organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through
(E)and the employee will serve as officer or director of the organization, or the activities will involve the provision of consultative or professional services. Consultative services means the provision of personal services by an employee, including the rendering of advice or consultation, which requires advanced knowledge in a field of science or learning customarily acquired by a course of specialized instruction and study in an institution of higher education, hospital, or similar facility. Professional services means the provision of personal services by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1) or involves a fiduciary relationship as defined in 5 CFR 2636.305(b)(2). A note following paragraph
(b)of § 7401.102 pertains to the special approval requirement set out in both 18 U.S.C. 203(d) and 205(e), respectively, for certain representational activities otherwise covered by the conflict of interest restrictions on compensation and activities of employees in claims against and other matters affecting the Government. The note explains that an employee who wishes to act as agent or attorney for, or otherwise represent his parents, spouse, child, or any person for whom, or any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary in such matters must obtain the approval required by law of the Government official responsible for the employee's appointment in addition to the regulatory approval required in § 7401.102. Section 7401.102(c) sets out the procedures for requesting prior approval to engage in outside employment initially, or within seven calendar days of a significant change in the nature or scope of the outside employment or the employee's official position. Section 7401.102(d) sets out the standard to be applied by the employee's supervisor and the DAEO or alternate DAEO in acting on requests for prior approval of outside employment as broadly defined by § 7401.102(b). Approval shall be granted only upon a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. Section 7401.102(e) provides that the MSPB DAEO or alternate DAEO can issue instructions or manual issuances governing the submission of requests for approval of outside employment, which may exempt categories of employment from the prior approval requirement of this section based on a determination that employment within those categories would generally be approved and is not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. The instructions or issuances may include examples of outside employment that are permissible or impermissible consistent with this part and 5 CFR part 2635. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the Merit Systems Protection Board finds good cause exists for waiving the general notice of proposed rulemaking and opportunity for public comment as to this interim rule. Notice and comment before the effective date are being waived because this rule concerns matters of agency organization, practice and procedure. However, written comments, which must be received by July 9, 2007 can be submitted on this interim rule; any such comments will be considered before this rule is adopted as final. Executive Orders 12866 and 12988 Because this rule relates to MSPB personnel, it is exempt from the provisions of Executive Orders Nos. 12866 and 12988. Regulatory Flexibility Act The MSPB has determined, pursuant to the Regulatory Flexibility Act, 5 U.S.C. chapter 6, that this rulemaking will not have a significant economic impact on a substantial number of small entities because it primarily affects MSPB employees. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply because this rulemaking does not contain information collection requirements subject to the approval of the Office of Management and Budget. Congressional Review Act The Merit Systems Protection Board has determined that this rule is not a rule as defined in 5 U.S.C. 804, and thus, does not require review by Congress. List of Subjects in 5 CFR Part 7401 Conflict of interests, Government employees. Dated: April 24, 2007. Neil A.G. McPhie, *Chairman, Merit Systems Protection Board.* Approved: April 30, 2007. Robert I. Cusick, *Director, Office of Government Ethics.* Accordingly, for the reasons set forth in the preamble, the Merit Systems Protection Board, with the concurrence of the Office of Government Ethics, is amending title 5 of the Code of Federal Regulations by adding a new chapter LXIV, consisting of part 7401, to read as follows: CHAPTER LXIV—MERIT SYSTEMS PROTECTION BOARD PART 7401—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE MERIT SYSTEMS PROTECTION BOARD Sec. 7401.101 General. 7401.102 Prior approval for outside employment. Authority: 5 U.S.C. 1204(h), 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159; 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547; 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.803. § 7401.101 General.
(a)*Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Merit Systems Protection Board
(MSPB)and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635.
(b)*Cross-references.* In addition to 5 CFR part 2635 and this part, MSPB employees are required to comply with implementing guidance and procedures issued by the MSPB in accordance with 5 CFR 2635.105(c). MSPB employees are also subject to the regulations concerning executive branch financial disclosure contained in 5 CFR part 2634, the regulations concerning executive branch financial interests contained in 5 CFR part 2640, and the regulations concerning executive branch employee responsibilities and conduct contained in 5 CFR part 735. § 7401.102 Prior approval for outside employment.
(a)*General requirement.* Before engaging in any outside employment, with or without compensation, an employee of the MSPB, other than a special Government employee, must obtain written approval from the employee's supervisor and the concurrence of the Designated Agency Ethics Official
(DAEO)or the alternate DAEO, except to the extent that the MSPB DAEO or alternate DAEO has issued an instruction or manual pursuant to paragraph
(e)of this section exempting an activity or class of activities from this requirement. Nonetheless, special Government employees remain subject to other statutory and regulatory provisions governing their outside activities, including 18 U.S.C. 203(c) and 205(c), as well as applicable provisions of 5 CFR part 2635.
(b)*Definition of employment.* For purposes of this section, employment means any form of non-Federal employment or business relationship involving the provision of personal services, whether or not for compensation. It includes, but is not limited to, services as an officer, director, employee, agent, advisor, attorney, consultant, contractor, general partner, trustee, teacher, or speaker. It includes writing when done under an arrangement with another person for production or publication of the written product. The definition does not include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service or civic organization, unless:
(1)The employee will receive compensation other than reimbursement of expenses;
(2)The organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through
(E)and the employee will serve as officer or director of the organization; or
(3)The activities will involve the provision of consultative or professional services. *Consultative services* means the provision of personal services by an employee, including the rendering of advice or consultation, which requires advanced knowledge in a field of science or learning customarily acquired by a course of specialized instruction and study in an institution of higher education, hospital, or similar facility. *Professional services* means the provision of personal services by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1) or involves a fiduciary relationship as defined in 5 CFR 2636.305(b)(2). Note to § 7401.102(b): There is a special approval requirement set out in both 18 U.S.C. 203(d) and 205(e), respectively, for certain representational activities otherwise covered by the conflict of interest restrictions on compensation and activities of employees in claims against and other matters affecting the Government. Thus, an employee who wishes to act as agent or attorney for, or otherwise represent his parents, spouse, child, or any person for whom, or any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary in such matters must obtain the approval required by law of the Government official responsible for the employee's appointment in addition to the regulatory approval required in this section.
(c)*Procedure for requesting approval.*
(1)The approval required by paragraph
(a)of this section shall be requested by e-mail or other form of written correspondence in advance of engaging in outside employment as defined in paragraph
(b)of this section.
(2)The request for approval to engage in outside employment or certain other activities shall set forth, at a minimum:
(i)The name of the employer or organization;
(ii)The nature of the legal activity or other work to be performed;
(iii)The title of the position; and
(iv)The estimated duration of the outside employment.
(3)Upon a significant change in the nature or scope of the outside employment or in the employee's official position within the MSPB, the employee must, within 7 calendar days of the change, submit a revised request for approval.
(d)*Standard for approval.* Approval shall be granted only upon a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.
(e)*DAEO's and alternate DAEO's responsibilities.* The MSPB DAEO or alternate DAEO may issue instructions or manual issuances governing the submission of requests for approval of outside employment. The instructions or manual issuances may exempt categories of employment from the prior approval requirement of this section based on a determination that employment within those categories of employment would generally be approved and is not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. The DAEO or alternate DAEO may include in these instructions or issuances examples of outside employment that are permissible or impermissible consistent with this part and 5 CFR part 2635. Dated: May 4, 2007. Bentley M. Roberts, Jr., Clerk of the Board. [FR Doc. E7-9035 Filed 5-9-07; 8:45 am] BILLING CODE 7400-01-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AI13 List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 5 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission
(NRC)is amending its regulations revising the NAC International, Inc., NAC-Multi-Purpose Canister
(MPC)system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 5 to Certificate of Compliance
(CoC)Number 1025. Amendment No. 5 will modify the CoC by revising the Technical Specifications
(TS)to incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring, revising the TS to incorporate guidance from NRC Interim Staff Guidance-22 and replace all references to backfilling the cask with air to backfilling with inert gas, revising the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks, and including several editorial changes to improve the clarity of the documents associated with the NAC-MPC system, under the general provisions that govern licensing requirements for the independent storage of spent nuclear fuel, high level radioactive waste, and reactor-related greater than Class C waste. DATES: The final rule is effective July 24, 2007, unless significant adverse comments are received by June 11, 2007. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AI13) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comment will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, *ATTN:* Rulemakings and Adjudications Staff. *E-mail comments to: SECY@nrc.gov* . If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at
(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://rulemaking.llnl.gov* . Address questions about our rulemaking Web site to Carol Gallagher
(301)415-5905; e-mail *cag@nrc.gov* . Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov* . *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays [telephone
(301)415-1966]. *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at
(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers at the NRC's Public Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov* . Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/ADAMS/index.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . An electronic copy of the CoC No. 1025, the revised TS, and the preliminary safety evaluation report
(SER)for Amendment 5 can be found under ADAMS Accession Nos. ML063520431, ML063520434, and ML063520440. CoC No. 1025, the revised TS, the preliminary SER for Amendment No. 5, and the environmental assessment, are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-6219, e-mail *jmm2@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-6219, e-mail *jmm2@nrc.gov* . SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that “[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the NWPA states, in part, that “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR part 72 entitled, “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new Subpart L within 10 CFR part 72, entitled “Approval of Spent Fuel Storage Casks” containing procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on March 9, 2000 (65 FR 12444), that approved the NAC-MPC cask design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1025. Discussion On July 17, 2006, and as supplemented on September 13, 2006, the certificate holder, NAC, submitted an application to the NRC requesting modifications to CoC No. 1025 by:
(1)Revising the TS to incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring;
(2)revising the TS to incorporate guidance from NRC Interim Staff Guidance (ISG)-22 and replace all references to backfilling the cask with air to backfilling with inert gas; and
(3)revising the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks. Also, the amendment includes several editorial changes to improve the clarity of the documents associated with the NAC-MPC system. No other changes to the NAC-MPC cask design were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the NAC-MPC cask design listing in 10 CFR 72.214 by adding Amendment No. 5 to CoC No. 1025. The amendment consists of changes to the CoC by revising the TS to incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring, revising the TS to incorporate guidance from NRC ISG-22 and replace all references to backfilling the cask with air to backfilling with inert gas, revising the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks, and including several editorial changes to improve the clarity of the documents associated with the NAC-MPC system. The particular TS that are changed are identified in the NRC staff's SER for Amendment No. 5. The amended NAC-MPC cask design, when used under the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1025 is revised by adding the effective date of Amendment No. 5. Procedural Background This rule is limited to the changes contained in Amendment 5 to CoC No. 1025 and does not include other aspects of the NAC-MPC cask design. The NRC is using the “direct final rule procedure” to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on July 24, 2007. However, if the NRC receives significant adverse comments by June 11, 2007, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this **Federal Register** . The NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. For example, a substantive response is required when:
(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, in a substantive response:
(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;
(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or
(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.
(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.
(3)The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TS. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the NAC-MPC cask design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that contains generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883), directed that the Government's documents be in clear and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. This rule will amend the CoC for the NAC-MPC cask design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The amendment will incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring, incorporate guidance from NRC ISG-22 and replace all references to backfilling the cask with air to backfilling with inert gas, revise the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks, and make several editorial changes to improve the clarity of the documents associated with the NAC-MPC system. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-6219, e-mail *jmm2@nrc.gov* . Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132, 10 CFR Part 72. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On March 9, 2000 (65 FR 12444), the NRC issued an amendment to part 72 that approved the NAC-MPC cask design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On July 17, 2006, and as supplemented on September 13, 2006, the certificate holder, NAC, submitted an application to the NRC to amend CoC No. 1025 to revise TS to incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring under the general license provisions of 10 CFR part 72, incorporate guidance from NRC ISG-22 and replace all references to backfilling the cask with air to backfilling with inert gas, revise the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks, and include several editorial changes to improve the clarity of the documents associated with the NAC-MPC system. The alternative to this action is to withhold approval of Amendment No. 5 and to require any part 72 licensee seeking to use Amendment No. 5 to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and NAC. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended; sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended; 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241; sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1025 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1025. Initial Certificate Effective Date: April 10, 2000. Amendment Number 1 Effective Date: November 13, 2001. Amendment Number 2 Effective Date: May 29, 2002. Amendment Number 3 Effective Date: October 1, 2003. Amendment Number 4 Effective Date: October 27, 2004. Amendment Number 5 Effective Date: July 24, 2007. SAR Submitted by: NAC International, Inc. SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC-MPC System). Docket Number: 72-1025. Certificate Expiration Date: April 10, 2020. Model Number: NAC-MPC. Dated at Rockville, Maryland, this 24th day of April, 2007. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. E7-9008 Filed 5-9-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27283; Directorate Identifier 2007-NE-05-AD; Amendment 39-15046; AD 2007-10-05] RIN 2120-AA64 Airworthiness Directives; General Electric Company
(GE)GE90 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for GE GE90-110B1, -113B, and -115B series turbofan engines with certain Turbine Center Frames
(TCFs)installed. This AD requires removing certain TCFs, listed by part number (P/N) in this AD, from service before exceeding 14,300 flight cycles. This AD results from a report that GE inadvertently omitted some TCF P/Ns from the Airworthiness Limitations Section
(ALS)of the engine manual. We are issuing this AD to prevent structural failure of the TCF with uncontained failure of low pressure turbine
(LPT)rotating parts. Uncontained failure of the LPT rotating parts could result in damage to the airplane and possible loss of control of the airplane. DATES: This AD becomes effective June 14, 2007. We must receive any comments on this AD by July 9, 2007. ADDRESSES: Use one of the following addresses to comment on this AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:*
(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Antonio Cancelliere, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone
(781)238-7751; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: On January 12, 2007, we received a report from GE that they had inadvertently omitted six TCFs P/Ns from the ALS of the engine manual. GE introduced an improved, redesigned TCF after the initial engine certification. GE identified the new designs with new P/Ns. The TCF is a life-limited part. Engine life-limited parts are listed in the ALS of the Engine Manual and must be removed from service at or before reaching their life limit. Because GE has not included in the ALS all the TCF P/Ns that are currently in service, operators might not be tracking the accumulated flight cycles on those P/N TCFs. Exceeding the TCF life limit will exceed the low-cycle fatigue design capability of the material structure. If the TCF fails, the LPT structure could fail with rotating parts liberating and impacting the fuselage of the airplane. This condition, if not corrected, could result in loss of control of the airplane. FAA's Determination and Requirements of This AD Although no airplanes that are registered in the United States, use these engines, the possibility exists that the engines could be used on airplanes that are registered in the United States in the future. The unsafe condition described previously is likely to exist or develop on other engines of the same type design. We are issuing this AD to prevent structural failure of the TCF with uncontained failure of LPT rotating parts. Uncontained failure of the LPT rotating parts could result in damage to the airplane and possible loss of control of the airplane. This AD requires removing from service certain TCFs, listed by P/N in this AD, at or before accumulating 14,300 flight cycles. FAA's Determination of the Effective Date Since there are currently no domestic operators of this engine model, notice and opportunity for public comment before issuing this AD are unnecessary. A situation exists that allows the immediate adoption of this regulation. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2007-27283; Directorate Identifier 2007-NE-05-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of the DMS Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone
(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-10-05 General Electric Company:** Amendment 39-15046 Docket No. FAA-2007-27283; Directorate Identifier 2007-NE-05-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective June 14, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to General Electric Company
(GE)GE90-110B1, -113B, and -115B series engines with a Turbine Center Frame
(TCF)that has a part number listed in the following Table 1 of this AD installed. These engines are installed on, but not limited to, Boeing 777-200LR and 777-300ER series airplanes. Table 1.—Turbine Center Frame Life Limit by P/N Part No. Life limitation in flight cycles 2061M60G09 14,300 2061M60G22 14,300 2061M60G23 14,300 2061M60G24 14,300 2061M60G26 14,300 2061M60G27 14,300 Unsafe Condition
(d)This AD results from a report that GE inadvertently omitted some TCF P/Ns from the Airworthiness Limitations Section
(ALS)of the engine manual. We are issuing this AD to prevent structural failure of the TCF with uncontained failure of low pressure turbine
(LPT)rotating parts. Uncontained failure of the LPT rotating parts could result in damage to the airplane and possible loss of control of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Modify the Airworthiness Limitations Section of the Engine Manual
(f)Within 30 days after the effective date of this AD, revise the Airworthiness Limitations Section of the applicable Engine Manual to include the TCF P/Ns and flight cycle limitation specified in Table 1 of this AD.
(g)After the effective date of this AD, except as provided in paragraph
(h)of this AD, we will not approve any alternative replacement times for a TCF with a P/N listed in Table 1 of this AD. Alternative Methods of Compliance
(h)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(i)None. Issued in Burlington, Massachusetts, on May 3, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-8990 Filed 5-9-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 121 and 135 [Docket No. FAA-2002-6717; Amendment Nos. 121-329, 135-108] RIN 2120-AI03 Extended Operations (ETOPS) of Multi-Engine Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: The Federal Aviation Administration is correcting a final rule published in the **Federal Register** on January 16, 2007 (72 FR 1808). That final rule applied to air carrier (part 121), commuter, and on-demand (part 135) turbine powered multi-engine airplanes used in passenger-carrying, and some all-cargo, extended-range operations. This amendment adds the Office of Management and Budget
(OMB)Information Collection Control Number indicating approval of the information collection requirements of the final rule. This amendment also makes three corrections: In part 135, it corrects the dual maintenance paragraph to conform to part 121 and deletes a redundant defining of “adequate airport”; in part 121 it corrects the rule language applicable to those persons who must accomplish and certify by signature the completion of ETOPS tasks; and in parts 121 and 135 it corrects the hours required for notification of maintenance problems based on an earlier FAA rulemaking. None of these changes is substantive, but will clarify the final rule for the affected public. DATES: These amendments become effective May 10, 2007. FOR FURTHER INFORMATION CONTACT: For technical information on operational issues, contact Robert Reich, Flight Standards Service, Federal Aviation Administration, 800 Independence Ave., SW, Washington, DC 20591; telephone
(202)267-8166; facsimile
(202)267-5229; e-mail *Robert.Reich@faa.gov.* SUPPLEMENTARY INFORMATION: Background The final rule, Extended Operations (ETOPS) of Multi-engine Airplanes, applied to air carrier (part 121), commuter, and on-demand (part 135) turbine powered multi-engine airplanes used in passenger-carrying, extended-range operations. (January 16, 2007; 72 FR 1808) All-cargo operations in airplanes with more than two engines of both part 121 and part 135 were exempted from the majority of this rule. The rule established regulations governing the design, operation and maintenance of certain airplanes operated on flights that fly long distances from an adequate airport. It codified current FAA policy, industry best practices and recommendations, as well as international standards designed to ensure long-range flights will continue to operate safely. To ease the transition for current operators, the rule included delayed compliance dates for certain ETOPS requirements. Information Collection Requirements Control Number As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA submitted a copy of the new information collection requirements in this final rule to the Office of Management and Budget for its review. OMB approved the collection of this information and assigned OMB Control Number 2120-0718. Explanation of Corrections Part 135 Conforming Changes for Appendix G Following publication of the final rule, it was brought to the attention of the FAA that the concept of “dual maintenance” in the final rule did not codify existing FAA ETOPS guidance as published in the notice of proposed rulemaking. Essentially, the final rule would have prohibited the maintenance of more than one ETOPS significant system during the same maintenance visit. The FAA published a correction to the final rule on February 15, 2007, revising this language for part 121. (See 72 FR 7346; 15 February, 2007.) Today's amendment makes the same change for 14 CFR 135 in appendix G, section G135.2.8 (c). Section G135.2.8
(c)is changed to read: “(c) *Limitations on dual maintenance.*
(1)Except as specified in paragraph G135.2.8
(2)of this appendix, the certificate holder may not perform scheduled or unscheduled dual maintenance during the same maintenance visit on the same or a substantially similar ETOPS Significant System listed in the ETOPS maintenance document, if the improper maintenance could result in the failure of an ETOPS Significant System.
(2)In the event dual maintenance as defined in paragraph G135.2.8
(1)of this appendix can not be avoided, the certificate holder may perform maintenance provided:
(i)The maintenance action on each affected ETOPS Significant System is performed by a different technician, or
(ii)The maintenance action on each affected ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and
(iii)For either paragraph G135.2.8
(i)or
(ii)of this appendix, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph G135.2.8
(d)of this appendix.” Also in part 135, the FAA notes a redundancy in § 135.364, Maximum flying time outside the United States. Paragraph
(b)repeats the definition of “adequate airport”, which is found in section G135.1.1, and adds other references that may be confusing. Therefore, the FAA deletes paragraph
(b)of this section as unnecessary to the final rule. Section 135.364 now reads— “ **§ 135.364 Maximum flying time outside the United States.** After February 15, 2008, no certificate holder may operate an airplane, other than an all-cargo airplane with more than two engines, on a planned route that exceeds 180 minutes flying time (at the one-engine-inoperative cruise speed under standard conditions in still air) from an Adequate Airport outside the continental United States unless the operation is approved by the FAA in accordance with Appendix G of this part, Extended Operations (ETOPS).” 14 CFR 121.374(e), Task Identification The second change is made to the language of section 121.374(e) that calls for an “appropriately certificated” mechanic to certify by signature that the ETOPS specific task has been performed. In the final rule, paragraph
(e)of 14 CFR 121.374 reads— “(e) *Task identification.* The certificate holder must identify all ETOPS-specific tasks. An appropriately certificated mechanic who is ETOPS Qualified must accomplish and certify by signature that the ETOPS-specific task has been completed.” In the NPRM, the wording was for a “qualified mechanic” to perform this task. In reviewing the section, the FAA has determined that the appropriate term is “trained mechanic.” There is no specific ETOPS certification that a person could present to prove “certification” or “qualification,” but a properly “trained” mechanic who is “ETOPS qualified” is a term understood by the ETOPS community. Thus, section 121.374(e) now reads: “(e) *Task identification.* The certificate holder must identify all ETOPS -specific tasks. An appropriately trained mechanic who is ETOPS qualified must accomplish and certify by signature that the ETOPS-specific task has been completed.” Conforming Change—14 CFR 121.374(h)(1) and appendix G of 14 CFR 135 to 14 CFR 121.703(d) The third change conforms the reporting hours in 14 CFR 121.374 and appendix G, section G135.2.8.(h), to a rule change in 14 CFR 121.703
(d)and 135.415
(d)that the FAA made just before the ETOPS rule was published. On December 29, 2005 (70 FR 76974), the FAA amended 14 CFR parts 121.703(d) and 135.415(d), Service Difficulty Reports (SDR), to change the reporting time required from 72 hours to 96 hours. The FAA made this change to give operators more time to report, thus reducing the number of supplemental SDR that must be filed. “(d) Each certificate holder shall submit each report required by this section, covering each 24-hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to the FAA offices in Oklahoma City, Oklahoma. Each report of occurrences during a 24-hour period shall be submitted to the collection point within the next 96 hours. However, a report due on Saturday or Sunday may be submitted on the following Monday, and a report due on a holiday may be submitted on the next work day.” So that the ETOPS rule is not in conflict with the SDR rule, the FAA amends section 121.374(h)(1) to read: “(h) Reliability program * * *
(1)The certificate holder must report the following events within 96 hours of the occurrence to its certificate holding district office (CHDO):” And, we make the same change in G135.2.8 (h): “(h) *Enhanced Continuing Analysis and Surveillance System (E-CASS) program.* A certificate holder's existing CASS must be enhanced to include all elements of the ETOPS maintenance program. In addition to the reporting requirements of § 135.415 and § 135.417, the program includes reporting procedures, in the form specified in § 135.415(e), for the following significant events detrimental to ETOPS within 96 hours of the occurrence to the certificate holding district office (CHDO): * * *” List of Corrections Part 121—Section 121.374
(e)is re-written to clarify that that a “properly trained mechanic” is to certify ETOPS maintenance. Part 121—In section 121.374(h)(1), “72 hours” is changed to “96 hours.” Part 135—In section 135.364, paragraph
(b)is deleted. Part 135—In appendix G, section G135.2.8
(c)is changed to conform to section 121.374(c). Part 135—In appendix G, in section G135.2.8(h), “72 hours” is changed to “96 hours”. List of Subjects 14 CFR Part 121 Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Drug testing, Reporting and recordkeeping requirements, Safety, Transportation. 14 CFR Part 135 Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Drug testing, Reporting and recordkeeping requirements. The Amendment Accordingly, the Federal Aviation Administration amends 14 CFR parts 121 and 135 as follows: PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 1. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 45101-45105, 46105, 46301. 2. In § 121.374, revise paragraphs
(e)and (h)(1) introductory text to read as follows: § 121.374 Continuous airworthiness maintenance program
(CAMP)for two-engine ETOPS.
(e)*Task identification.* The certificate holder must identify all ETOPS-specific tasks. An appropriately trained mechanic who is ETOPS qualified must accomplish and certify by signature that the ETOPS-specific task has been completed.
(h)* * *
(1)The certificate holder must report the following events within 96 hours of the occurrence to its certificate holding district office (CHDO): PART 135—OPERATING REQUIREMENTS; COMMUTER AND ON DEMAND OPERATION AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 3. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722. 4. Revise § 135.364 to read as follows: § 135.364 Maximum flying time outside the United States. After February 15, 2008, no certificate holder may operate an airplane, other than an all-cargo airplane with more than two engines, on a planned route that exceeds 180 minutes flying time (at the one-engine-inoperative cruise speed under standard conditions in still air) from an Adequate Airport outside the continental United States unless the operation is approved by the FAA in accordance with Appendix G of this part, Extended Operations (ETOPS). 5. In appendix G of part 135, in section G135.2.8, revise paragraph
(c)and the introductory text to paragraph
(h)to read as follows: Appendix G to Part 135—Extended Operations (ETOPS) G135.2.8 Maintenance Program Requirements
(c)*Limitations on dual maintenance.*
(1)Except as specified in paragraph G135.2.8(c)(2) of this appendix, the certificate holder may not perform scheduled or unscheduled dual maintenance during the same maintenance visit on the same or a substantially similar ETOPS Significant System listed in the ETOPS maintenance document, if the improper maintenance could result in the failure of an ETOPS Significant System.
(2)In the event dual maintenance as defined in paragraph G135.2.8(c)(1) of this appendix cannot be avoided, the certificate holder may perform maintenance provided:
(i)The maintenance action on each affected ETOPS Significant System is performed by a different technician, or
(ii)The maintenance action on each affected ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and
(iii)For either paragraph G135.2.8(c)(2)(i) or
(ii)of this appendix, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph G135.2.8(d) of this appendix.
(h)*Enhanced Continuing Analysis and Surveillance System (E-CASS) program.* A certificate holder's existing CASS must be enhanced to include all elements of the ETOPS maintenance program. In addition to the reporting requirements of § 135.415 and § 135.417, the program includes reporting procedures, in the form specified in § 135.415(e), for the following significant events detrimental to ETOPS within 96 hours of the occurrence to the certificate holding district office (CHDO): Issued in Washington, DC, on May 2, 2007. Rebecca MacPherson, Assistant Chief Counsel, Regulations Division. [FR Doc. E7-8810 Filed 5-9-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9323] RIN 1545-BF64 Revisions to Regulations Relating to Repeal of Tax on Interest of Nonresident Alien Individuals and Foreign Corporations Received From Certain Portfolio Debt Investments; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains corrections to final regulations (TD 9323) that were published in the **Federal Register** on Thursday, April 12, 2007 (72 FR 18386) relating to the exclusion from gross income of portfolio interest paid to a nonresident alien individual or foreign corporation. DATES: The correction is effective May 10, 2007. FOR FURTHER INFORMATION CONTACT: Kathryn Holman of the Office of the Associate Chief Counsel (International),
(202)622-3840 (not a toll-free call). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this correction are under sections 871 and 881 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9323) contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9323), which were the subject of FR Doc. E7-6766, is corrected as follows: 1. On page 18386, column 3, in the preamble, under the paragraph heading “ *1. Time for Applying the 10-Percent Shareholder Test* ”, ninth line of the last paragraph of the column, the language “under section 6031(c) is mailed, or the” is corrected to read “under section 6031(b) is mailed, or the”. 2. On page 18387, column 1, in the preamble, under the paragraph heading “ *1. Time for Applying the 10-Percent Shareholder Test* ”, tenth line of the first paragraph of the column, the language “section 6031(c) is mailed or otherwise” is corrected to read “section 6031(b) is mailed or otherwise”. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-8923 Filed 5-9-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9323] RIN 1545-BF64 Revisions to Regulations Relating to Repeal of Tax on Interest of Nonresident Alien Individuals and Foreign Corporations Received From Certain Portfolio Debt Investments; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to final regulations (TD 9323) that were published in the **Federal Register** on Thursday, April 12, 2007 (72 FR 18386) relating to the exclusion from gross income of portfolio interest paid to a nonresident alien individual or foreign corporation. DATES: The correction is effective May 10, 2007. FOR FURTHER INFORMATION CONTACT: Kathryn Holman of the Office of the Associate Chief Counsel (International),
(202)622-3840 (not a toll-free call). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this correction are under sections 871 and 881 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9323) contain an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.871-14 is amended by revising the second sentence of paragraph (g)(3)(ii) to read as follows: § 1.871-14 Rules relating to repeal of tax on interest of nonresident alien individuals and foreign corporations received from certain portfolio debt investments.
(g)* * *
(3)* * *
(ii)* * * For example, in the case of U.S. source interest paid by a domestic corporation to a domestic partnership or withholding foreign partnership (as defined in § 1.1441-5(c)(2)), the 10-percent shareholder test is applied when any distributions that include the interest are made to a foreign partner and, to the extent that a foreign partner's distributive share of the interest has not actually been distributed, on the earlier of the date that the statement required under section 6031(b) is mailed or otherwise provided to such partner, or the due date for furnishing such statement. * * * LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-8922 Filed 5-9-07; 8:45 am] BILLING CODE 4830-01-P POSTAL SERVICE 39 CFR Part 111 New Standards for First-Class Mail and Priority Mail Services AGENCY: Postal Service. ACTION: Final rule. SUMMARY: The Postal Service will adopt new mailing standards and prices on May 14, 2007, to support most of the pricing change recommended by the Postal Regulatory Commission and approved by the Governors of the United States Postal Service. After a reconsideration by the Postal Regulatory Commission, we are lowering the price for the Priority Mail flat-rate box to $8.95 from the previously recommended $9.15, and extending the $0.17 nonmachinable surcharge to all nonmachinable single-piece and presorted First-Class Mail letters, regardless of weight. EFFECTIVE DATE: 12:01 a.m. on May 14, 2007. FOR FURTHER INFORMATION CONTACT: Joel Walker, 202-268-7261. SUPPLEMENTARY INFORMATION: The Postal Service's request in Docket No. R2006-1 included mail classification changes, new pricing structures, and price changes for most domestic mailing services. This final rule provides new revisions to *Mailing Standards of the United States Postal Service* , Domestic Mail Manual
(DMM)that we will adopt to implement two items that were reconsidered in the R2006-1 pricing change. You can find more information about the pricing change at *http://www.usps.com/ratecase* , including our proposed and final rules for all of the rate and classification changes. Our Web site provides frequently asked questions, press releases, and *Mailers Companion and MailPro* articles for business mailers. We also posted a new version of the DMM with all of the prices and standards effective May 14, including the reconsidered prices in this final rule. We encourage you to use these materials as you prepare for the pricing change. Background The Postal Service Board of Governors set May 14, 2007, as the implementation date for new prices and related changes for all classes of mail and extra services, with the exception of Periodicals mail, which we will implement on July 15, 2007. While the Governors acted to implement all of the Postal Regulatory Commission's recommended rates, they also asked the Commission to reconsider three issues: the prices for Standard Mail flats, the application of the nonmachinable surcharge for First-Class Mail letters, and the price for the Priority Mail flat-rate box. On April 27, 2007, the Commission issued its Opinion and Recommended Decision on Reconsideration regarding the nonmachinable surcharge for First-Class Mail letters and the price for the Priority Mail flat-rate box. The Commission recommended that we remove the “1-ounce or less” limitation on the nonmachinable surcharge for First-Class Mail letters, and charge $8.95 for the Priority Mail flat-rate box. The Postal Service Board of Governors approved the recommended changes and set May 14, 2007, as the effective date. Summary of First-Class Mail Changes Letter-rate First-Class Mail pieces with any of the nonmachinable characteristics in DMM 201.2.1 are subject to a $0.17 nonmachinable surcharge. Originally the Commission recommended the surcharge only for pieces weighing 1 ounce or less. Summary of Priority Mail Changes The USPS-produced flat-rate box is charged $8.95, not $9.15 as the Commission originally recommended. We adopt the following amendments to *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR part 111 is amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Revise the following sections of *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), as follows: Mailing Standards of the United States Postal Service, Domestic Mail Manual
(DMM)*[Revise the rate tables and the text throughout the DMM to apply a $0.17 nonmachinable surcharge to all First-Class Mail letters that meet one or more of the nonmachinable characteristics in 101.1.2.]* 100 Retail Mail: Letters, Cards, Flats, and Parcels 120 Retail Mail: Priority Mail 123 Rates and Eligibility 1.0 Priority Mail Rates and Fees *[Revise the rate tables to change the Priority Mail flat-rate box price to $8.95.]* 1.5 Flat-Rate Boxes and Envelopes 1.5.1 Flat-Rate Boxes—Rate and Eligibility *[Update the flat-rate box price to $8.95 as follows:]* Each USPS-produced Priority Mail flat-rate box is charged $8.95, regardless of the actual weight of the piece or its destination. Only USPS-produced flat-rate boxes are eligible for the flat-rate box rate. Neva R. Watson, Attorney, Legislative. [FR Doc. E7-9129 Filed 5-9-07; 8:45 am] BILLING CODE 7710-12-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 372 [EPA-HQ-TRI-2002-0001; FRL-8311-6] RIN 2025-AA12 Dioxin and Dioxin-like Compounds; Toxic Equivalency Information; Community Right-To-Know Toxic Chemical Release Reporting AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA is finalizing revisions to the reporting requirements for the dioxin and dioxin-like compounds category. The current EPCRA section 313 regulations require facilities to report dioxin and dioxin-like compounds in units of total grams for the entire category, and provide a single generic distribution of the individual dioxin and dioxin-like compounds at the facility. The final rule requires that, in addition to reporting total gram quantities for the category, facilities are required to report the mass quantity of each individual member of the category. The mass quantity data for the individual members of the category will be used by EPA to perform toxic equivalency
(TEQ)computations which will be made available to the public. TEQs are a weighted quantity measure based on the toxicity of each member of the dioxin and dioxin-like compounds category relative to the most toxic members of the category, i.e., 2,3,7,8-tetrachlorodibenzo-p-dioxin and 1,2,3,7,8-pentachlorodibenzo-p-dioxin. The final rule also eliminates the reporting of the single generic distribution for the members of the dioxin and dioxin-like compounds category. DATES: This final rule is effective on July 9, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-TRI-2002-0001. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, 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 www.regulations.gov or in hard copy at the Office of Environmental Information
(OEI)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 OEI Docket is
(202)564-2736. FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Toxics Release Inventory Program Division, Office of Information Analysis and Access (2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-566-0743; fax number: 202-566-0741; e-mail: *bushman.daniel@epamail.epa.gov,* for specific information on this final rule, or for more information on EPCRA section 313, the Toxics Release Inventory
(TRI)Information Center, toll free, 1-800-424-9346 or 703-412-9810 in Virginia and Alaska or toll free, TDD 1-800-553-7672. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Final Rule Apply to Me? You may be potentially affected by this final rule if you manufacture, process, or otherwise use dioxin and dioxin-like compounds. Potentially affected categories and entities may include, but are not limited to: Category Examples of potentially affected entities Industry Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 *et seq.* ) (correspond to SIC 4953, Refuse Systems). Federal Government Federal facilities. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Some of the entities listed in the table have exemptions and/or limitations regarding coverage; other types of entities not listed in the table could also be affected. To determine whether your facility would be affected by this action, you should carefully examine the applicability criteria in part 372 subpart B 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. II. What Is EPA's Statutory Authority for Taking These Actions? These actions are taken under sections 313(g), 313(h), and 328 of EPCRA, 42 U.S.C. 11023(g), 11023(h), and 11048, and section 6607 of the Pollution Prevention Act (PPA), 42 U.S.C. 13106. Section 313 of EPCRA requires certain facilities manufacturing, processing, or otherwise using a listed toxic chemical in amounts above threshold reporting levels, to report their environmental releases of each chemical annually. 42 U.S.C. 11023(a). These reports must be filed by July 1 of each year for the previous calendar year. Facilities also must report pollution prevention and recycling data for such chemicals, pursuant to section 6607 of PPA. Section 313(g) describes the information that must be submitted annually to EPA, pursuant to EPCRA section 313. Specifically, section 313(g)(1)(C) requires submission of the following information for each listed toxic chemical known to be present at the facility: “(i) Whether the toxic chemical at the facility is manufactured, processed, or otherwise used, and the general category or categories of use of the chemical.
(ii)An estimate of the maximum amounts (in ranges) of the toxic chemical present at the facility at any time during the preceding calendar year.
(iii)For each wastestream, the waste treatment or disposal methods employed, and an estimate of the treatment efficiency typically achieved by such methods for that wastestream.
(iv)The annual quantity of the toxic chemical entering each environmental medium.” 42 U.S.C. 11023(g)(1). Section 313(h) provides that the data collected under EPCRA section 313 are intended to inform persons about the releases of toxic chemicals to the environment; to assist governmental agencies, researchers, and other persons in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines, and standards, and for other similar purposes. 42 U.S.C. 11023(h). EPA has long recognized that subsection
(h)of section 313 describes the purposes of EPCRA section 313, and has frequently relied on this provision to guide its implementation. See, H.R. Conf. Rep. 99-962 at 299. ([Subsection (h)] “describes the intended uses of the toxic chemical release forms required to be submitted by this section and expresses the purposes of this section.”); 62 FR 23834; 23835-836 (May 1, 1997) (facility expansion); 64 FR 58666; 58667; 58687-692 (October 29, 1999) (lowering the reporting thresholds for certain persistent bioaccumulative toxic chemicals). Section 6607(a) of the PPA requires all facilities that report under EPCRA section 313 to also submit “a toxic chemical source reduction and recycling report for the preceding calendar year.” 42 U.S.C. 13106(a). Specifically, section 6607(b) requires submission of the following information for each listed toxic chemical:
(1)the quantity of the chemical entering any wastestream (or otherwise released into the environment) prior to recycling, treatment, or disposal during the calendar year, and the percentage change from the previous year, excluding any amount reported under paragraph 7;
(2)the amount of the chemical recycled (at the facility or elsewhere) during the calendar year, the percentage change from the previous year, and the process of recycling used;
(3)the source reduction practices used during the year;
(4)the amount expected to be reported under paragraphs
(1)and
(2)for the 2 succeeding calendar years;
(5)a ratio of production in the reporting year to production in the previous year;
(6)the techniques used to identify source reduction opportunities;
(7)the amount of any toxic chemical released into the environment by a catastrophic event, remedial action or other one-time event, and which is not associated with production processes during the reporting year; and
(8)the amount of the chemical treated (at the facility or elsewhere) during the calendar year and the percentage change from the previous year. Congress granted EPA broad rulemaking authority. EPCRA section 328 provides that the “Administrator may prescribe such regulations as may be necessary to carry out this chapter.” 28 U.S.C. 11048. III. What Did EPA Include in the Proposed Rule? On March 7, 2005, EPA published a proposed rule to expand the reporting requirements for the EPCRA section 313 dioxin and dioxin-like compounds category (70 FR 10919). The proposal presented three options that would allow for TEQ data to be made available to the public. TEQs are a weighted quantity value based on the toxicity of each member of the dioxin and dioxin-like compounds category relative to the most toxic members of the category, i.e., 2,3,7,8-tetrachlorodibenzo-p-dioxin and 1,2,3,7,8-pentachlorodibenzo-p-dioxin. In order to calculate a TEQ, a toxic equivalent factor
(TEF)is assigned to each member of the dioxin and dioxin-like compounds category. TEFs have been established through international agreements, and currently range from 1 to 0.0001. A TEQ is calculated by multiplying the actual grams weight of each dioxin and dioxin-like compound by its corresponding TEF and then summing the results. The number that results from this calculation is referred to as grams TEQ. A. What Options Did EPA Propose for Making TEQ Data Available? EPA discussed three options for making TEQ data available to the public for the TRI dioxin and dioxin-like compounds category. Under Option 1, EPA would require that, in addition to reporting the total grams of the dioxin and dioxin-like compounds category, if a facility has information on the distribution of the quantities of the individual members of the dioxin and dioxin-like compounds, the facility must report the TEQ calculated from that distribution for the category. Under Option 2, in addition to reporting the total grams of the dioxin and dioxin-like compounds category, if a facility has information on the distribution of the quantities of the individual members of the dioxin and dioxin-like compounds, the facility must report:
(1)The total grams for each member of the category; and
(2)the TEQ calculated from that distribution for the category. Under Option 3, the only additional data facilities would need to provide is the individual grams data for each member of the dioxin and dioxin-like compounds category; facilities would not have to calculate and report the TEQ data. Under Option 3, EPA would generate the corresponding TEQ data from the individual grams data reported by the facility and include that TEQ data in the TRI database along with all the grams data reported by the facility. The TEQ data would be provided to the public along with the facility-reported data and EPA would include TEQ data in all of EPA's publications that contain TRI data on dioxin and dioxin-like compounds. B. What Was EPA's Preferred Option? EPA stated in the March 7, 2005 notice that Option 3 was the Agency's preferred option for several reasons. First, facilities would not have the burden of tracking TEFs and calculating the TEQ data from the grams data; instead, this burden would be assumed by the Agency. Second, EPA would not have to incorporate the TEF values into the regulations, and therefore would not need to go through rulemaking in order to adopt any internationally accepted revisions. Third, if EPA does all the TEQ calculations electronically there should be fewer errors and improved data quality, both because there would be fewer opportunities for computational errors, and because there would be less potential for confusion about which were the applicable TEFs as these values change over time. Finally, if EPA calculates the TEQ data rather than having facilities report the data, EPA can recalculate the TEQ data for all of the reporting years once new TEF values are available. C. What TEF Values Did EPA Propose To Use To Calculate TEQ Data? EPA proposed to use the TEF scheme developed by the World Health Organization
(WHO)in 1998 (Ref. 1). At the time the proposed rule was published, the WHO 1998 scheme was the most recent internationally agreed upon TEF scheme. The TEF values for the members of the dioxin and dioxin-like compounds category under the WHO 1998 scheme are listed below (presented in the order of Chemical Abstracts Service
(CAS)Registry Number, chemical name, and TEF value). Since publication of the proposed rule the WHO revised the TEF values in 2005 (Ref. 2). The new WHO 2005 TEF values include four changes to the WHO 1998 values. The changes are listed below in parentheses. In computing TEQs, the agency will use the WHO 2005 TEF values. 01746-01-6, 2,3,7,8-tetrachlorodibenzo-p-dioxin, 1.0; 40321-76-4, 1,2,3,7,8-pentachlorodibenzo-p-dioxin, 1.0; 39227-28-6, 1,2,3,4,7,8-hexachlorodibenzo-p-dioxin, 0.1; 57653-85-7, 1,2,3,6,7,8-hexachlorodibenzo-p-dioxin, 0.1; 19408-74-3, 1,2,3,7,8,9-hexachlorodibenzo-p-dioxin, 0.1; 35822-46-9, 1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin, 0.01; 03268-87-9, 1,2,3,4,6,7,8,9-octachlorodibenzo-p-dioxin, 0.0001 (0.0003); 51207-31-9, 2,3,7,8-tetrachlorodibenzofuran, 0.1; 57117-41-6, 1,2,3,7,8-pentachlorodibenzofuran, 0.05 (0.03); 57117-31-4, 2,3,4,7,8-pentachlorodibenzofuran, 0.5 (0.3); 70648-26-9, 1,2,3,4,7,8-hexachlorodibenzofuran, 0.1; 57117-44-9, 1,2,3,6,7,8-hexachlorodibenzofuran, 0.1; 72918-21-9, 1,2,3,7,8,9-hexachlorodibenzofuran, 0.1; 60851-34-5, 2,3,4,6,7,8-hexachlorodibenzofuran, 0.1; 67562-39-4, 1,2,3,4,6,7,8-heptachlorodibenzofuran, 0.01; 55673-89-7, 1,2,3,4,7,8,9-heptachlorodibenzofuran, 0.01; 39001-02-0, 1,2,3,4,6,7,8,9-octachlorodibenzofuran, 0.0001 (0.0003). D. What Other Changes Did EPA Propose? EPA proposed to collect the additional data for the dioxin and dioxin-like compounds category on a new Form R-D reporting form designed specifically for reporting for this category. The new form would include all the data reported on a Form R plus the additional data EPA proposed to collect under either Options 1, 2, or 3. EPA also proposed to require that all reports for the dioxin and dioxin-like compounds category be filed electronically either through the EPA's Central Data Exchange
(CDX)or on diskette. The only other change EPA proposed was to eliminate Section 1.4 from the Form R. Section 1.4 requires reporting a generic distribution of the chemicals included in the dioxin and dioxin-like compounds category, which would no longer be needed under any of the options discussed in the proposed rule. IV. What Reporting Requirements Has EPA Included in the Final Rule? This final rule is based upon the reporting requirements of Option 3 from the proposed rule. The final rule requires the reporting of the mass quantities for each individual member of the dioxin and dioxin-like compounds category for each reportable release or waste management activity. Facilities are not required to report any TEQ data. Rather than using a new Form R-D, the final rule requires the reporting of this information on a new four page Form R Schedule 1 (Ref. 3) that is to be submitted as an adjunct to the existing Form R to report for the dioxin and dioxin-like compounds category. Facilities that have any of the information required by this final rule must submit a Form R Schedule 1 in addition to the Form R. EPA is also modifying the Form R by eliminating the generic distribution data reported for the dioxin and dioxin-like compounds category under Section 1.4. EPA is strongly encouraging, but not requiring, that reports for the dioxin and dioxin-like compounds category be filed electronically. V. For Which Reporting Year Do the Requirements of This Final Rule Apply? The reporting requirements of this final rule apply to the reporting year beginning January 1, 2008 (for which reports are due July 1, 2009), and to subsequent reporting years. EPA has delayed the implementation of the reporting requirements of this final rule in order to provide sufficient time and resources to make required changes to the TRI database and the TRI-Made Easy (TRI-ME) reporting software. In addition, delaying the implementation will allow more time for the regulated community to become fully aware of the new reporting requirements. The additional time to prepare for the reporting changes should also promote more accurate and consistent reporting. VI. What Comments Did EPA Receive on the Proposed Rule and What Are EPA's Responses to Those Comments? EPA received twenty-three comments on the proposed rule. The comments were split into two basic groups; those that generally agreed with one or more of EPA's proposed options and those that disagreed with EPA's proposed options. Of the twenty-three comments received, eighteen were from specific companies or industry groups, three were from environmental organizations, one was from a State agency, and one was from a private citizen. Fifteen of the comments received supported one or more of EPA's proposed options (either Option 2 or 3) while the other eight comments either supported some option that EPA did not propose or did not support any changes to the reporting requirements for the dioxin and dioxin-like compounds category. The following sections of this unit summarize and respond to significant comments. The complete comments and responses can be found in EPA's response to comments document (Ref. 4). A. What Comments Did EPA Receive Concerning the Proposed Options? None of the commenters supported proposed Option 1, which would have added TEQ data to the reporting requirements for the dioxin and dioxin-like compounds. The inability to recalculate the TEQ values when TEF values change was a primary reason cited by commenters for why Option 1 was not supported. Eight commenters did not support any of EPA's proposed options, although one of these commenters supported Option 2 if the reporting were voluntary. These commenters either did not support the collection of any TEQ data or suggested alternative ideas for making TEQ data available. A majority of the commenters (15 out of 23) supported either proposed Option 2 or Option 3. EPA believes that Option 3 provides the same level of data as Option 2 at a lower cost to industry while providing the flexibility needed to perform new TEQ calculations if TEF values change in the future. Many of the commenters that favored Option 2 over Option 3 cited the ability of the facility to check the TEQ values and/or having the TEQ values available with the first public release of the TRI data as reasons they preferred Option 2 over Option 3. As resources allow, EPA intends to address both of these concerns by taking the following actions:
(1)providing a TEQ calculator within the Agency's TRI-ME TRI reporting software, so that facilities will be able to see the TEQ values that EPA will calculate from the facility's reported grams data; and
(2)making the TEQ values available to the public starting with the first public release of the data (which is currently the electronic Facility Data Release). EPA believes that these actions address most of the issues raised by those commenters that favored Option 2 over Option 3. Some commenters were also concerned about the TEF values not being included in the regulatory text and felt they should be included so that there would be a formal process before EPA could change the TEF values. EPA has not included the TEF values in the regulatory text since facilities are not required to report TEQ data under this final rule; the TEF values thus do not affect TRI reporting obligations. While the TEF values are not part of the final rule, EPA plans to give public notice of any changes to the TEF values. There has been a strong consensus from the commenters that the TEF values developed by the WHO are the best values to use. The most recent WHO TEF values were developed in 2005 and are the values that EPA plans to use in calculating TEQ values (Ref. 2). EPA does not anticipate changing those values unless there is strong international consensus to do so. B. What Other Options Were Suggested in the Comments Received? 1. *TEQ only reporting.* Four commenters stated that EPA should not collect any grams data at all, but rather should collect only TEQ values. *Agency response:* Reporting only TEQ values would not address the issue of what happens to the TEQ data once the TEF values change. With TEQ only reporting, once the TEFs change, the previously reported TEQ values would no longer be valid, and no comparisons could be made. In addition, if EPA does all the TEQ calculations electronically there should be fewer errors and improved data quality, both because there would be fewer opportunities for computational errors, and because there would be less potential for confusion about which were the applicable TEFs. The collection of the individual mass data for each member of the category, rather than just TEQ values, also allows data users to understand which chemicals are contributing most to the TEQ value. The October 29, 1999, rulemaking that finalized the addition of the dioxin and dioxin-like compounds category (64 FR 58666) required reporting in grams of the total dioxin releases. The rationale for selection of that reporting format was articulated in the **Federal Register** (64 FR 58700-58704). 2. *Reporting TEQ values based on Section 1.4 data.* Three commenters proposed alternative options for reporting TEQ values that involved various methods of utilizing or modifying the generic single distribution data reported under Section 1.4 of the Form R to calculate TEQ values. The alternative options proposed by these commenters included:
(1)using the current generic Section 1.4 data to calculate and report TEQ values in addition to the current total grams data;
(2)using the Section 1.4 data to calculate and report TEQ values rather than any grams data; and
(3)using Section 1.4 to report grams for the individual members of the category based on the distribution most representative at the facility (rather than reporting a percentage as currently required) and then using those data to calculate a total TEQ value for the facility. *Agency response:* EPA does not believe that any of these suggested alternative options constitute an improvement over the methodology that EPA is finalizing today. Regarding the use of the current Section 1.4 data, EPA's current method of reporting a generic distribution in Section 1.4 can already be applied to all the reported release and waste management data elements to calculate TEQ values for all releases and waste management quantities. However, many industry groups have complained that the single generic distribution data from Section 1.4 does not provide an accurate method of calculating or reporting TEQ values, since the distributions of the individual category compounds can vary significantly for different types of releases and waste management activities. That is the reason that EPA has not used the Section 1.4 data to calculate TEQ values and provide them to the public and one of the reasons some industry groups requested a change in the reporting requirements. If only TEQ values were to be collected, the TEQ values would not be based on data collected under Section 1.4. Section 1.4 provides a generic distribution that may be specific to one particular release or waste management quantity or may be a facility average. If TEQ values were the only information being collected, they would need to be specific to each reported release or waste management quantity. In addition, EPA is concerned that, since many facilities (approximately 25%) were unable to report any distribution data for the dioxin and dioxin-like compounds category in Section 1.4 of the Form R, those facilities may not be able to report TEQ values. Therefore, if EPA could collect only TEQ data, those facilities not currently reporting a generic distribution would not report anything. Regarding the proposed alternative to change the Section 1.4 data from percentages to total gram quantities for each member of the category, EPA does not understand how the commenter's proposed alternative method would work. Collecting individual grams data in Section 1.4 based on some kind of total grams data for the facility would not provide TEQ values for all of the release and waste management quantities since those quantities are based on the gram quantities reported for each data element. The commenter's method would only provide a total TEQ value for the facility based on the facility's total grams reported for each dioxin and dioxin-like compound. A facility total TEQ value combines all releases and waste management quantities resulting in a TEQ value of limited use since the type of release or waste management activity can significantly impact potential exposures. Changing the units of Section 1.4 from a percentage distribution to an individual grams distribution actually reduces the utility of the Section 1.4 data, since the data cannot be used to calculate TEQ values for the individual release and waste management quantities without conversion back to percentages. C. What Legal Issues Were Raised by the Commenters? 1. *Authority to have more than one reporting form.* Two commenters questioned EPA's authority to have more than one reporting form. The commenters cited EPCRA section 313(g) which states that “* * * the Administrator shall publish a uniform toxic chemical release form for facilities covered by this section * * *” The commenters contend that the Form R-D would be a unique form and thus EPA would not be providing a “uniform” toxic chemical release form for purposes of reporting under EPCRA section 313. *Agency response:* The issue of whether the new form violates the requirement in Section 313(g) that EPA publish a “uniform toxic chemical release form” is now moot, because EPA is not developing a new reporting form but is instead modifying the existing Form R by adding a schedule that is to be used by those facilities that report for the dioxin and dioxin-like compounds category and that have the information required by the final rule. The pages of the new Form R Schedule 1 are like any other pages of the Form R in that if a facility has the information required on a certain page they must fill out that page and if they do not have the necessary information then the page is left blank. 2. *Authority to collect data on individual members of a listed category on one reporting form.* One commenter questioned EPA's authority for collecting the annual quantity of each compound within a chemical category being released to each environmental medium on one reporting form. The commenter stated that this is precedent-setting or in terms of Executive Order 12866, it raises “novel legal or policy issues” and thus should be subject to OMB review as a significant regulatory action. The commenter suggested that if EPA wants to collect extensive data on 17 compounds, then it should go through the rulemaking process to list each compound separately as a TRI chemical, and ensure each compound meets the criteria for listing. *Agency response:* EPA has broad authority to determine how information regarding the members of a chemical category shall be reported (see, e.g., general regulatory authority in EPCRA section 328). Dioxin and dioxin-like compounds occur as a mixture of the members of the category, they are not manufactured, processed, or otherwise used as separate compounds (except for laboratory testing purposes), so the most logical way to report is as a category on one reporting form. EPA already collects specific information on each member of the dioxin and dioxin-like compounds category on the current Form R. This rule only breaks down that information by reportable release or waste management activity. EPA notes that when the Agency via rulemaking added the dioxin and dioxin-like compounds category, it made an express finding that all members of the category met the EPCRA section 313 listing criteria and specifically listed the 17 members of the category (62 FR 24887, May 7, 1997; and 64 FR 58695, October 29, 1999). Nor is additional rulemaking required in order to collect additional information on one form: The proposed rule and this final rule constitute the necessary rulemaking to collect additional information on members of the dioxin and dioxin-like compounds category on one form. Regarding Executive Order 12866, OMB has concurred in EPA's determination that this action is not a “significant regulatory action,” as defined in EO 12866. 3. *Authority to collect TEQ data.* One commenter does not believe that EPA has the statutory authority to require the reporting of TEQ data for the dioxin and dioxin-like compound category. The commenter stated that the EPCRA section 313 statute and the congressional history only requires the reporting of releases as quantities or amounts of the toxic chemical, and that TEQs are not a quantity or release but an estimate of the risk of dioxin and dioxin-like compounds. *Agency response:* EPA disagrees with the commenter's position that EPA does not have the authority to collect TEQ data. But given that EPA is finalizing Option 3 of the proposed rule, which does not require the reporting of TEQ data, the question is moot. Under this option EPA is not collecting any TEQ data and is collecting only individual grams data for the members of the dioxin category. EPA notes that TEQ values alone are not risk data. Rather, TEQ values provide a method to consider the relative hazards of the different members of the category to the most toxic members of the category; relative risk would need to consider exposure. D. What Other Issues Did the Commenters Raise? 1. *Form R-D.* Nearly all commenters were opposed to EPA's proposed 10-page Form R-D, including most commenters that supported one or more of EPA's proposed options for making TEQ values available to the public. Those commenters that supported one or more of EPA's proposed options felt that only minor changes to the Form R should be made to capture the additional data. *Agency response:* EPA did consider making changes to the existing Form R, but there is no way to readily adapt the Form R to capture all the new data elements. The Form R would need to be expanded significantly to incorporate the additional data elements, which would mean that all TRI reporters would have to deal with a longer form just to capture the additional information for one chemical category. However, in response to commenters who do not wish to have an entirely new form for reporting the additional dioxin data, EPA has decided not to proceed with the Form R-D. Instead, EPA has developed a four-page schedule called the Form R Schedule 1, which captures all the additional information required under the final rule. Most commenters wanted little or no changes to the existing Form R. Since the new data are collected on a separate schedule rather than on the main part of the Form R, there will be little change to the main part of the Form R. Facilities are only required to report additional information on the Form R Schedule 1 to the extent that they have readily available or can reasonably estimate the additional information. 2. *Electronic reporting.* EPA proposed to require that all reports for dioxin and dioxin-like compounds be filed electronically. EPA believes that electronic reporting will help reduce the potential for errors that may occur when EPA contractors enter the grams data for the individual members of the dioxin and dioxin-like compounds category. However, nearly all of the commenters objected to EPA requiring that all reports for dioxin and dioxin-like compounds be filed electronically. *Agency response:* While EPA strongly encourages the use of electronic reporting, the final rule does not require electronic reporting. EPA notes that hard copy forms significantly slow down data processing, increase EPA costs, and increase the potential for errors. EPA strongly encourages those facilities that decide to report using hard copy to carefully check their electronic Facility Data Profiles each year to make sure that no errors have occurred during data input. 3. *Distribution reporting scheme.* Several commenters requested that EPA modify the proposed Form R-D by reconfiguring the reporting scheme used in Section 1.4 of Form R to conform to that used in common analytical reports. Specifically, each dioxin member of the category should be listed in ascending order of chlorination, followed by each furan member in ascending order of chlorination. *Agency response:* While EPA is not finalizing the Form R-D or requiring that facilities report TEQ values, EPA will adjust the numbering scheme for the members of the dioxin and dioxin-like compounds category to be consistent with typical reporting schemes that list the members in order of ascending chlorination (see list below). Number CAS No. Chemical name Abbreviation 1 01746-01-6 2,3,7,8-Tetrachlorodibenzo-p-dioxin 2,3,7,8-TCDD 2 40321-76-4 1,2,3,7,8-Pentachlorodibenzo-p-dioxin 1,2,3,7,8-PeCDD 3 39227-28-6 1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin 1,2,3,4,7,8-HxCDD 4 57653-85-7 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin 1,2,3,6,7,8-HxCDD 5 19408-74-3 1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin 1,2,3,7,8,9-HxCDD 6 35822-46-9 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin 1,2,3,4,6,7,8-HpCDD 7 03268-87-9 1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin 1,2,3,4,6,7,8,9-OCDD 8 51207-31-9 2,3,7,8-Tetrachlorodibenzofuran 2,3,7,8-TCDF 9 57117-41-6 1,2,3,7,8-Pentachlorodibenzofuran 1,2,3,7,8-PeCDF 10 57117-31-4 2,3,4,7,8-Pentachlorodibenzofuran 2,3,4,7,8-PeCDF 11 70648-26-9 1,2,3,4,7,8-Hexachlorodibenzofuran 1,2,3,4,7,8-HxCDF 12 57117-44-9 1,2,3,6,7,8-Hexachlorodibenzofuran 1,2,3,6,7,8-HxCDF 13 72918-21-9 1,2,3,7,8,9-Hexachlorodibenzofuran 1,2,3,7,8,9-HxCDF 14 60851-34-5 2,3,4,6,7,8-Hexachlorodibenzofuran 2,3,4,6,7,8-HxCDF 15 67562-39-4 1,2,3,4,6,7,8-Heptachlorodibenzofuran 1,2,3,4,6,7,8-HpCDF 16 55673-89-7 1,2,3,4,7,8,9-Heptachlorodibenzofuran 1,2,3,4,7,8,9-HpCDF 17 39001-02-0 1,2,3,4,6,7,8,9-Octachlorodibenzofuran 1,2,3,4,6,7,8,9-OCDF This should make it easier for facilities to transfer data from analytical reports to the new Form R Schedule 1. 4. *Economic Costs.* One commenter stated that EPA estimates a modest cost to comply with any of the three options included in the proposed rule. The commenter noted that the industry costs range from about $122,000 to about $170,000 for the first year, while EPA estimates that its own initial cost for implementing the new reporting form would be approximately $1.15 million. The commenter stated that the EPA cost estimate for the Agency is therefore nearly an order of magnitude greater than the estimated total industry cost for the first year. Considering that EPA estimates over 480 parent companies are to be impacted by the reporting requirements, it appears to the commenter that the total industry cost for the first year is substantially underestimated. *Agency response:* EPA believes that its estimate for total industry first year cost is reasonable, based on the best engineering judgment used to complete the Form R Schedule 1. The Agency's methodology is transparent and described in detail in Section 4 of the economic analysis (Ref. 5). Section 5 of the economics analysis describes in detail what steps are performed under each of the options and provides estimates for rule familiarization, form completion and recordkeeping cost, and burden. Apart from comparing the estimated industry compliance cost to the administrative cost EPA is estimated to incur, the commenter does not provide any basis for the assertion that total industry cost is underestimated. The Agency does not believe that the proportion of compliance cost to administrative cost is germane to the reasonableness of the Agency's cost and burden estimate for this rulemaking. Two commenters stated that EPA did not consider industry costs for the reprogramming of their TRI reporting software. One commenter stated that EPA failed to include in its economic impacts any costs incurred by the States that maintain electronic databases and which accept TRI data electronically. *Agency response:* The commenters are correct that the Agency did not quantify costs that industry may incur if they need to reprogram their own reporting software. EPA believes that overall such costs should be small since 90 percent of respondents currently use EPA's free TRI-ME reporting software to submit their Form Rs, and EPA will be providing a new version of TRI-ME that accommodates the new dioxin reporting requirements. Similarly, EPA did not quantify any State administrative cost associated with updating their electronic databases. However, if a State has its own electronic database and is not able to update it to accommodate the new format for dioxin data, EPA will work with the State on a case-by-case basis to try to provide the data to it in a format it can use. EPA notes that the new format is more useful (because it includes individual grams data for each dioxin and dioxin-like compound and will also include EPA's calculated TEQ values) and hopes that States will find it in their interest and the interest of their citizens to update their databases to accommodate the new format. One commenter stated that EPA took comment in March 2005, on a proposal to revise Form R for the purpose of burden reduction. The commenter claimed that the increase in burden as per the proposed rule will totally negate any benefits of the earlier proposal and actually increase overall burden. The commenter stated that if EPA finalizes the Form R-D and if the burden reduction changes are eventually made to Form R, they would expect such changes to also be incorporated into Form R-D. *Agency response:* EPA is not revising the Form R, except to drop Section 1.4. The Phase I Burden Reduction final rule issued in July 2005, applies to all TRI reporters, not just those that report for dioxin and dioxin-like compounds, so this final rule does not negate all the benefits from the Phase I Burden Reduction final rule. The Agency disagrees with the commenter that the burden increase from this rulemaking will negate any benefit from the Phase 1 Burden Reduction rulemaking. The Agency estimated that the Phase 1 Burden Reduction rule will reduce burden by 52,000 hours whereas the increase in burden from this final rule is estimated at 3,383 hours. The Phase 2 Burden Reduction rule (71 FR 76932, December 22, 2006), which expands eligibility for Form A certification for some chemical reports, specifically excludes dioxin and dioxin-like compounds, so it does not affect and is not affected by the changes in today's rule. VII. What Economic Considerations Are Associated With This Action? EPA has evaluated the additional burden hours, cost, and potential benefits associated with the use of Form R Schedule 1, in addition to the Form R, for EPCRA section 313 reporting on the dioxin and dioxin-like compounds category. The economic analysis was revised to reflect the fact that this final rule does not create a new Form R-D for all facilities reporting for the dioxin and dioxin-like compounds category, but rather requires reporting of the new information on the four-page Form R Schedule 1 (Ref. 5). While the incremental costs did not change significantly, the presentation of the costs was changed to consider only the incremental costs associated with filling a Form R Schedule 1. Only the costs associated with this final rule are presented below, however, the economic analysis includes the costs for all three of the options discussed in the proposed rule. This final rule is based on Option 3 of the proposed rule which is the least costly of the three options that EPA proposed. This final rule requires facilities to report the mass in grams of each of the 17 individual members of the category for sections 5, 6, and 8 (current year only) of the existing Form R on the new Form R Schedule 1, when such information is readily available or can be reasonably estimated. In order to understand the incremental burden calculations below, it is important to first understand EPA's assumptions about the steps necessary to complete the current Form R for the dioxin and dioxin-like compounds category. EPA assumes that most reporting facilities already have data on the individual compounds that make up this category, since analytical tests generally report results for each compound. Facilities that rely on published emissions factors or other similar information will also often have data on the individual compounds, though in some cases published emissions factors may provide only a single value for the dioxin and dioxin-like compound category as a whole. However, in either case, facilities are required to use only the readily available data. EPA thus assumes that facilities either already have and are currently tracking data on the individual compounds contained in their waste streams (if this is the format of the underlying data on which their reporting is based), or that such data are not readily available and will still not be readily available once this final rule takes effect. EPA also recognizes the possibility that facilities may have a mix of data, with data for some waste streams including individual compounds and data for others including only total grams for the category as a whole. As a result, EPA does not assume any additional burden for data tracking or for calculation of physical quantities of dioxin and dioxin-like compounds in individual waste streams. This final rule requires that, in addition to the activities already conducted as part of the reporting This final rule requires that, in addition to the activities already conducted as part of the reporting process for Form R, a facility filing the Form R Schedule 1 would be required to report the mass in grams of each of the 17 chemicals in sections 5, 6, and 8 of Form R Schedule 1. The facility would not be required to obtain the TEF values or conduct additional multiplication and addition to calculate total grams TEQ to submit to the Agency. For reporting year 2003, there were 1,268 facilities that filed Form Rs for the dioxin and dioxin-like compounds category. Of these facilities, 75 percent (956 facilities) completed Section 1.4 of the Form R, containing generic distribution information on the members of the category. Since these 956 facilities indicated through their completion of Section 1.4 that they have information on the distribution of the quantities of the individual members of the dioxin and dioxin-like compounds category, EPA expects that these facilities are most likely to incur additional burden and cost associated with form completion and record keeping for Form R Schedule 1 in the first and subsequent reporting years. All 1,268 facilities are expected to experience additional burden and cost associated with rule familiarization in the first year of implementation. In previous Information Collection Requests, EPA has estimated that, after the first year of reporting, facilities filing Form R typically spend 4 hours on compliance determination, 47.1 hours on form completion, and 5 hours on record keeping and report submission (Ref. 6). Because the Form R Schedule 1 would create new reporting requirements beyond those for the Form R, EPA expects that affected facilities would experience additional burden and cost. EPA's estimates for the additional burden associated with rule familiarization, form completion, and record keeping are shown in the following table (Ref. 5). Table 1.—Report Mass in Grams of Each Member of the Dioxin and Dioxin-Like Compounds Category in Each Section of Form R Schedule 1 Activity Labor category Managerial Technical Clerical Total unit burden Number of facilities/ reports Total burden Incremental First-Year Burden (hours) Rule Familiarization 0.25 1.00 0.00 1.25 1,268 1,585 Form Completion 0.11 0.33 0.00 0.44 956 421 Recordkeeping 0.00 0.33 0.17 0.50 956 478 Total 0.36 1.66 0.17 2.19 2,484 Incremental Subsequent-Year Burden (hours) Form Completion 0.11 0.33 0.00 0.44 956 421 Recordkeeping 0.00 0.33 0.17 0.50 956 478 Total 0.11 0.66 0.17 0.94 899 Facilities would expend additional time in the first year to become familiar with the new reporting requirements associated with the Form R Schedule 1. A major difference between burden in first and subsequent years is attributable to rule familiarization. Rule familiarization occurs in the first year of implementation but not in subsequent years. The rule requires an underlying level of recordkeeping. It is generally expected that facilities reporting any of the new information requested on Form R Schedule 1 will be using information already in their possession. Based on the number of facilities that filed reports on dioxin and dioxin-like compounds in 2003, the percentage that reported distribution information and EPA's estimates of incremental burden, the total incremental burden of this rule would be approximately $114,000 in the first reporting year and approximately $38,000 in subsequent reporting years. More detailed information on the derivation of these burden hour and cost estimates is available in the public docket for this action (Ref. 5). The information collected on Form R Schedule 1 will allow EPA to calculate grams TEQ values and provide that data to the public. The mass in grams data collected on Form R Schedule 1 will provide important information on which specific chemicals in the category are contributing most to the total toxicity as expressed in grams TEQ. Without these data, EPA and other data users would be unable to calculate TEQ values or determine to what extent each dioxin and dioxin-like compound is contributing to the TEQ values. These data will also allow the creation of valid time-series if TEFs are ever modified in the future as scientific understanding of the relative toxicity of the dioxin and dioxin-like compounds changes. In addition, provision of the mass in grams values will permit error checking of calculations for total grams TEQ that will enhance data quality. VIII. References EPA has established an official public docket for this action under Docket ID No. EPA-HQ-TRI-2002-0001. The public docket includes information considered by EPA in developing this action, including the documents listed below, which are electronically or physically located in the docket. In addition, interested parties should consult documents that are referenced in the documents that EPA has placed in the docket, regardless of whether these referenced documents are electronically or physically located in the docket. For assistance in locating documents that are referenced in documents that EPA has placed in the docket, but that are not electronically or physically located in the docket, please consult the person listed in the above FOR FURTHER INFORMATION CONTACT section. 1. Van den Berg, M.; Birnbaum, L.; Bosveld, A.T.C.; Brunstrom, B.; Cook, P.; Feeley, M.; Giesy, J.P.; Hanberg, A.; Hasegawa, R.; Kennedy, S.W.; Kubiak, T.; Larsen, J.C.; van Leeuwen, F.X.R.; Liem, A.K.D.; Nolt, C.; Peterson, R.E.; Poellinger, L.; Safe, S.; Schren, D.; Tillitt, D.; Tysklind, M.; Younes, M.; Warn, F.; Zacharewski, T.
(1998)Toxic equivalency factors
(TEFs)for PCBs, PCDDs, PCDFs for humans and wildlife. Environmental Health Perspectives. 106:775-792. 2. Martin Van den Berg, Linda S. Birnbaum, Michael Denison, Mike DeVito, William Farland, Mark Feeley, Heidelore Fiedler, Helen Hakansson, Annika Hanberg, Laurie Haws, Martin Rose, Stephen Safe, Dieter Schrenk, Chiharu Tohyama, Angelika Tritscher, Jouko Tuomisto, Mats Tysklind, Nigel Walker, and Richard E. Peterson (2006), The 2005 World Health Organization Reevaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-Like Compounds. Toxicological Sciences 93(2), 223-24. 3. USEPA/OEI, 2006. Form R Schedule 1, March 2006 Draft. 4. USEPA/OEI, 2006. Response to Comments Received on the March 7, 2005, Proposed Rule (70 FR 10919) to Add Toxic Equivalency
(TEQ)Reporting for The Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Dioxin and Dioxin-like Compounds Category, June 19, 2006. 5. USEPA/OEI, 2006. Analysis of the Estimated Burden and Cost of Form R Schedule 1 for Dioxin and Dioxin-like Compounds; Toxic Equivalency Reporting; Community Right to Know Toxic Chemical Release Reporting, March 1, 2006. 6. USEPA/OEI, 2002. Estimates of Burden Hours for Economic Analyses of the Toxics Release Inventory, June 10, 2002. IX. 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. B. Paperwork Reduction Act The Office of Management and Budget
(OMB)has approved the information collection requirements contained in this rule under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2025-0007. EPCRA section 313 (42 U.S.C. 11023) requires owners or operators of certain facilities manufacturing, processing, or otherwise using any of over 600 listed toxic chemicals and chemical categories in excess of the applicable threshold quantities, and meeting certain requirements (i.e., at least 10 Full Time Employees or the equivalent), to report certain release and other waste management activities for such chemicals annually. Under PPA section 6607 (42 U.S.C. 13106), facilities must also provide information on recycling and other waste management data and source reduction activities. The regulations codifying the EPCRA section 313 reporting requirements appear at 40 CFR part 372. Under the rule, all facilities reporting any of the new data on dioxin and dioxin-like compounds would have to use the EPA Toxic Chemical Release Inventory Form R Schedule 1 (tentative EPA Form No. 9350-3). For Form R Schedule 1, EPA estimates the industry reporting burden for collecting this information (including recordkeeping) at 2.19 hours ($99) per response in the first reporting year and 0.94 hours ($40) in subsequent years for facilities with distribution data for the members of the category. For facilities without distribution data, the burden associated with rulemaking familiarization is estimated to average 1.25 hours ($59) per response in the first reporting year. Note that these are total per facility burden and cost estimates for the Form R Schedule 1 based on Option 3 of the proposed rule. This rule is estimated to cause 956 facilities to file a Form R Schedule 1. Under this rule, Form R Schedule 1 reporting is associated with a total burden of approximately 2,484 hours in the first year, and 899 hours in subsequent years, at a total estimated industry cost of $114 thousand in the first year and $38 thousand in subsequent years. 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. In addition, EPA is amending the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations to list the regulatory citations for the information requirements contained in this final rule. C. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq. The 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 business that is classified as a “small business” by the Small Business Administration 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. This rule is expected to affect the 469 parent companies that own the 1,268 facilities that report on dioxin and dioxin-like compounds. Of the affected parent companies, approximately 19 percent, or 90 companies, are small businesses as defined by the Small Business Administration. No small governments or small organizations are expected to be affected by this action. Based on the selected Option 3, each affected facility is expected to expend approximately 2.19 hours in the first year and 0.94 hours in subsequent years to comply with the additional reporting requirements. Based on the incremental cost estimates for these burden hours, the number of facilities owned by each small business, and the annual revenues of the affected small businesses, all 90 affected small businesses are expected to experience incremental cost impacts of less than one percent of annual revenues (Ref. 5). After considering the economic impacts of today's rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. We continue to be interested in the potential impacts of the final rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. 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. Based on EPA's cost estimate for this action, it has been determined that this rule is 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.” 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. This action relates to toxic chemical reporting under EPCRA section 313, which primarily affects private sector facilities. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have tribal implications, as specified in Executive Order 13175. This action relates to toxic chemical reporting under EPCRA section 313, which primarily affects private sector facilities. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13211 (Energy Effects) 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. H. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), applies to any rule that
(1)is determined to be “economically significant” as defined under E.O. 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 rule is not subject to the Executive Order because it is not economically significant as defined in E.O. 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. This action relates to toxic chemical reporting under EPCRA section 313, which primarily affects private sector facilities. I. National Technology Transfer and Advancement Act As noted in the proposed rule, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, etc.) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. The final rulemaking does not require the reporting of TEQ data and therefore does not involve technical standards. 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 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 July 9, 2007. List of Subjects 40 CFR Part 9 Reporting and recordkeeping requirements. 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Dated: May 3, 2007. Stephen L. Johnson, Administrator. Therefore, Title 40 Chapter 1 of the Code of Federal Regulations is amended as follows: PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: Authority: 7 U.S.C. 135 *et seq.* , 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 *et seq.* , 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345
(d)and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 *et seq.* , 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 2. In § 9.1 the table is amended by revising the entries under the heading “Toxic Chemical Release Reporting: Community Right-to-Know” to read as follows: § 9.1 OMB approvals under the Paperwork Reduction Act. 40 CFR citation OMB control No. * * * * * * * Toxic Chemical Release Reporting: Community Right-to-Know Part 372, subpart A 2070-0093, 2070-0143, 2025-0007 372.22 2070-0093, 2070-0143, 2025-0007 372.25 2070-0093, 2025-0007 372.27 2070-0143 372.30 2070-0093, 2070-0143, 2025-0007 372.38 2070-0093, 2070-0143, 2025-0007 Part 372, subpart C 2070-0093, 2070-0143, 2025-0007 Part 372, subpart D 2070-0093, 2070-0143, 2025-0007 372.85 2070-0093, 2025-0007 372.95 2070-0143 PART 372—[AMENDED] 1. The authority citation for part 372 continues to read as follows: Authority: 42 U.S.C. 11023 and 11048. Subpart B—[Amended] 2. In § 372.30, revise paragraph
(a)to read as follows: § 372.30 Reporting requirements and schedule for reporting.
(a)For each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold quantity in § 372.25, § 372.27, or § 372.28 at its covered facility described in § 372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R (EPA Form 9350-1) and, for the dioxin and dioxin-like compounds category, EPA Form R Schedule 1 (EPA Form 9350-3) in accordance with the instructions referred to in subpart E of this part. Subpart E—[Amended] 3. Section 372.85 is amended as follows: a. Revise paragraph (a). b. Revise paragraph
(b)introductory text. c. Revise paragraph (b)(14)(ii). d. Revise paragraphs (b)(15)(i)(B), and (b)(15)(ii)(B). § 372.85 Toxic chemical release reporting form and instructions.
(a)*Availability of reporting form and instructions.* The most current version of Form R and Form R Schedule 1 may be found on the following EPA Program Web site, *http://www.epa.gov/tri* . Any subsequent changes to the Form R or Form R Schedule 1 will be posted on this Web site. Submitters may also contact the TRI Program at
(202)564-9554 to obtain this information.
(b)*Form elements.* Information elements reportable on EPA Form R and Form R Schedule 1, or equivalent magnetic media format include the following:
(14)* * *
(ii)Additional Reporting for the dioxin and dioxin-like compounds category.
(A)For reports pertaining to a reporting year ending on or before December 31, 2007, report a distribution of the chemicals included in the dioxin and dioxin-like compounds category. Such distribution shall either represent the distribution of the total quantity of dioxin and dioxin-like compounds released to all media from the facility; or its one best media-specific distribution.
(B)For reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on Form R Schedule 1. (15)(i) * * *
(B)An estimate of the amount of the chemical transferred in pounds (except for dioxin and dioxin-like compounds, which shall be reported in grams) per year (transfers of less than 1,000 pounds per year may be indicated as a range, except for chemicals set forth in § 372.28) and an indication of the basis of the estimate. In addition, for reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on Form R Schedule 1. (15)(ii) * * *
(B)An estimate of the amount of the chemical transferred in pounds (except for dioxin and dioxin-like compounds, which shall be reported in grams) per year (transfers of less than 1,000 pounds per year may be indicated as a range, except for chemicals set forth in § 372.28) and an indication of the basis of the estimate. In addition, for reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on Form R Schedule 1. [FR Doc. E7-9015 Filed 5-9-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 15 [MB Docket No. 03-15; RM-9832; FCC 07-69] Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion To Digital Television AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document, the Commission adopts rules requiring sellers of analog-only TV equipment to label or post signs at point of sale disclosing limitations after the February 17, 2009 deadline for the transition from analog to digital television service. The Commission states that sellers must advise consumers at point of sale if the television equipment includes only an analog tuner that will require a converter box to receive over-the-air-broadcast-television after the deadline. DATES: The rules in 47 CFR 15.117(k) contains information collection requirements that have not been approved by the Office of Management and Budget (OMB). The FCC will publish a document announcing the effective date. ADDRESSES: You may submit comments, identified by MB Docket No. 03-15, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.* Follow the instructions for submitting comments. • *People with Disabilities:* Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or phone: 202-418-0530 or TTY: 202-418-0432. For additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Eloise Gore, *Eloise.Gore@fcc.gov* of the Media Bureau, Policy Division,
(202)418-2120. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order (Order), FCC 07-69, adopted on, April 25, 2007, and released on May 3, 2007. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS ( *http://www.fcc.gov/cgb/ecfs/* ). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to *fcc504@fcc.gov* or call the Commission's Consumer and Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). Paperwork Reduction Act of 1995 Analysis This document contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget
(OMB)for review under Section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new information collection requirements contained in this proceeding. The Commission will publish a separate document in the **Federal Register** at a later date seeking these comments. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might “further reduce the information collection burden for small business concerns with fewer than 25 employees.” Summary of the Report and Order I. Introduction 1. In this *Second Report and Order in the Second DTV Periodic Review* , we take up the issue of labeling of television receiving equipment, which was raised in *the Second DTV Periodic NPRM* , 68 FR 7737-01. This Order applies to televisions, television receivers, and other television receiving equipment, which includes television sets and other video devices, such as video-cassette recorders and digital video recorders, that are covered by the Commission's digital television reception capability implementation schedule. In light of the fixed deadline—February 17, 2009—established for the end of analog television broadcasting, we now conclude that it is necessary and appropriate to require retailers to provide consumers with information regarding this transition date at the point of sale. Specifically, we will require sellers of television receiving equipment that does not include a digital tuner to disclose at the point-of-sale that such devices include only an analog tuner and therefore will require a converter box to receive over-the-air broadcast television after February 17, 2009. Consumers expect that equipment for sale today that is capable of receiving “television” is and will continue to be able to receive over-the-air broadcast signals, and, if not, then such material information should be disclosed prior to purchase. The successful completion of the digital television (“DTV”) transition depends upon satisfaction of this basic consumer expectation. For these reasons, in this Order we adopt disclosure requirements to ensure that consumers receive this important information regarding the limitations of analog-only television receivers at the point of sale. II. Background 2. The *Second DTV Periodic NPRM* asked whether we should require a mandatory label on analog-only sets to inform consumers at the point of sale that a converter or external DTV tuner will be needed to ensure reception of television broadcast signals after stations complete the conversion to digital-only broadcasting. In the *First Report and Order in the Second DTV Periodic Review* , we deferred determination of the need to require labeling to *this Second Report and Order.* With the establishment by Congress of a hard and certain deadline for the end of analog transmissions by full power television stations, we now conclude that it is necessary to ensure that consumers are aware at the point of purchase of that deadline and the impact that it will have on analog-only television receivers. Second DTV Periodic Review 3. The *Second DTV Periodic NPRM* invited comment on the need for a point of sale disclosure label on analog-only devices or a digital transition fact sheet to inform consumers that a converter or external DTV tuner will be needed to ensure reception of television broadcast signals after stations complete conversion to digital-only broadcasting. The *NPRM* also asked about plans to manufacture “pure monitors” (without any tuner) that can receive digital format transmissions via cable or satellite but not from signals broadcast over-the-air and requested information on the plans to label such monitors to describe reception limitations. 4. When the Commission issued the *NPRM* for the Second DTV Periodic Review in 2003, concerns about consumer understanding had been heightened by a General Accounting Office (“GAO”) Report to Congress in November 2002 that found that at least 40 percent of the public was unfamiliar with the digital transition. This 2002 GAO Report also found that 68 percent of those surveyed did not know that when the transition ends, consumers with analog-only devices will be unable to continue receiving over-the-air broadcast television without use of an external digital tuner or converter. Only 14 percent of those surveyed by the GAO were “very familiar” with the difference between analog and digital televisions. GAO speculates that even this number may be high because consumers may be confusing current digital television services provided by cable or satellite with DTV. Over 80 percent of consumers were unaware or only somewhat aware of the ongoing transition to digital television. In addition, it concluded that retail sales personnel often provide inaccurate information about both digital programming availability and equipment needed to receive and display digital programming, particularly over-the-air. Another study in 2003 found that 25 percent of Americans thought they owned a high definition television set, while HDTV sales showed that only a small fraction of these consumers could possibly have been correct in their understanding of the capabilities of their televisions. 5. This concern has not been diminished by more recent findings. A study in June 2004 reported that 37 percent of adults were at least somewhat familiar with HDTV and 87 percent expressed vague awareness but lacked clear understanding. In addition, a more recent GAO study in 2005 noted that consumers are still confused about the transition. This 2005 GAO study reported that consumers may be reluctant to buy digital equipment, which is generally more expensive than analog-only devices, because they lack accurate knowledge about the transition and believe they will always have a choice between analog and digital signals over-the-air. Moreover, a very recent survey by the Association of Public Television Stations (“APTS”) found that 61 percent of those surveyed said that they had “No Idea” that the DTV transition was taking place, 10 percent said they had “Limited Awareness,” while 17 percent said they were “Somewhat Aware” and less than 8 percent said they were “Very Much Aware.” The results from that survey also indicate that awareness of the forthcoming transition—even after enactment of a statutory deadline—remains low. The need for labeling of analog-only televisions also has been mentioned in Congressional hearings, both in testimony and from members on both sides of the aisle. For example, on February 17, 2005, the House Subcommittee on Telecommunications and the Internet held a hearing on “The Role of Technology In Achieving A Hard Deadline for the DTV Transition.” Rep. Bobby Rush (D-IL) and K. James Yager, CEO, Barrington Broadcasting, testifying on behalf of the NAB and MSTV, expressed belief in requiring warning labels on analog-only sets to alert consumers to the limited useful life of their television sets. Both House and Senate Committees have proposed legislation to require labeling of analog-only televisions to address these concerns. 6. In the *Second DTV Periodic NPRM* , most parties who commented on labeling supported the need for Commission action to address consumer expectations, particularly with regard to analog-only television equipment. MSTV and NAB were concerned that a label describing a receiver's functionality may not go far enough to adequately notify consumers of the transition from analog to digital service. NBC and Telemundo expressed concern that consumers will waste money buying equipment that will soon be obsolete and proposed a labeling requirement to notify consumers that after the transition, analog equipment will not deliver television signals without a converter. By contrast, parties opposing any labeling requirement contended that marketplace incentives will ensure that consumers are well-informed, and that there is no evidence that manufacturers would not inform consumers of product limitations. The Consumer Electronics Association (“CEA”) offered to consider voluntary labeling if manufacturers determined there is consumer confusion. The Consumer Electronics Retailers Council (“CERC”) expressed concern that labels describing what equipment does not do will be harmful and interfere with merchandising efforts. CERC contended that negative formulations are misleading because there is inadequate room to list all the positive formulations on a label. DTV Tuner Orders 7. In 2002, the Commission adopted a schedule for the phase-in of television receivers to be equipped with digital tuners. *The DTV Tuner Order* initially required that all TV receivers with screen sizes greater than 13 inches manufactured in the United States or shipped in interstate commerce after July 1, 2007 be capable of receiving DTV signals over-the-air. *The DTV Tuner Order* did not require television receivers that cannot receive over-the-air digital broadcast signals to carry a label informing consumers of this limitation, but the Commission committed to monitoring the marketplace and taking steps if necessary to protect consumers' interests. 8. In 2005, the Commission revised the timing and scope of the DTV tuner phase-in to ensure that all television receivers, including televisions with screens smaller than 13 inches and television reception devices such as VCRs, that are manufactured in the United States or shipped in interstate commerce after March 1, 2007, have the capability to tune and decode digital signals as broadcast over-the-air. The Commission found that consumer awareness of whether television equipment can receive over-the-air DTV signals or only over-the-air analog signals is critical to ensuring that consumer expectations are met. The Commission was hopeful that manufacturers and retailers would educate consumers about the digital transition by providing point-of-sale and other marketing information to consumers or clearly label new television equipment. We also note that in the past, the Commission has expressed concern about adequate disclosures in the analogous *Plug-and-Play Order* , which concluded that the public understanding of “cable ready” in the analog context includes the capability to receive signals over-the-air as well as from a cable system. The *Plug-and-Play Order* implemented a voluntary labeling regime jointly proposed by the consumer electronics (“CE”) and cable industries to provide consumers with information pertaining to “digital cable ready” equipment. III. Discussion Labeling is Needed for Analog-Only Televisions 9. The NPRM solicited comment on proposals for requiring disclosure of information to consumers concerning analog and digital television equipment. We conclude that it is necessary for us to require disclosure of the limitations of analog-only television receiving equipment at the point of sale. By “point of sale” we mean the place where televisions are displayed for consumers prior to purchase. The required label language should be prominently displayed in a manner that is clearly visible to the consumer and associated with the analog-only television model(s) to which it pertains. Therefore, we are adopting a rule to alert consumers that after February 17, 2009, analog-only television equipment will not be able to receive over-the-air television signals unless it is connected to a digital-to-analog converter or a digital subscription service. This will ensure that consumers have the necessary information at the point of purchase to decide if they wish to buy a television that has only an analog tuner. We also conclude that it is not necessary for us to mandate labeling for digital television equipment at this time in light of recent voluntary actions and the increasing availability of information about DTV features and terminology. For example, CEA and several members of CERC co-sponsored a consumer “tip sheet,” “Buying a Digital Television” with the Commission. This tip sheet is available on several Web sites and has been distributed at consumer events and industry conventions. 10. In contrast to the information available concerning digital televisions, the record evidence indicates that the consumer electronics industry efforts do not adequately inform consumers how analog-only television equipment purchased now will function when the transition ends. CEA submitted an ex parte filing in October 2006, listing the steps it or its members have taken to improve consumer awareness of the transition in general and to provide information related to the purchase of television equipment in particular. The letter describes the efforts of CEA and its manufacturing and retail members to provide comprehensive information about the digital transition via the Internet. The letter also describes a voluntary labeling program announced in March 2006, intended to begin in July 2006. Unfortunately, it appears that neither manufacturers nor retailers have implemented this voluntary program on a widespread basis. 11. Therefore, we remain concerned that the continued sale of analog-only television equipment without appropriate disclosure is likely to mislead consumers who are unaware of the upcoming transition. Such consumer confusion is inconsistent with a smooth transition to digital broadcasting. Further, we do not believe we can rely solely on consumer assistance voluntarily given at the retail outlet to address such confusion. There have been reports that retail sales clerks are often confused or unaware of the limitations of analog-only televisions. In addition, many consumers will want to shop for television equipment at discount stores or online, where sales help is less likely to be available to explain analog-only limitations. Thus, confused consumers are often unable to obtain reliable and accurate information about the basic capabilities of television equipment at the point of sale. 12. The government has a strong interest in ensuring a timely conclusion of the digital transition, reducing consumer disruption and confusion, and limiting the number of consumers who are left without over-the-air television service on some or all of their television equipment when the analog broadcast service ends in less than two years. Accurate communication of this impending change is a highly material disclosure for consumers contemplating the purchase of a television. It is also a matter of public safety for consumers who rely on analog-only televisions to obtain critical information in an emergency. Analog-only televisions are currently sold as part of emergency equipment to provide information in a disaster without disclosure that in two years, they will not be able to receive television broadcasts. After the transition, absent a label requirement, even cable and satellite subscribers might be surprised to find that they cannot receive television broadcasts over-the-air on an analog-only television purchased today if they choose to discontinue subscription service or their cable or satellite service is terminated by a disaster, service disruption or for non-payment of their bills. 13. Although the DTV Tuner requirement prohibits manufacture, import or interstate shipment of analog-only television equipment after March 1, 2007, it does not extend to retail sales of analog-only television equipment from inventory. Thus, the passing of this date does not eliminate the need for disclosure by retailers who choose to continue to sell analog-only television equipment after March 1, 2007. In fact, we are concerned that there is a greater likelihood of confusion if consumers assume that all televisions must have a digital tuner after this date. Without point of sale disclosure, consumers may inadvertently buy analog-only television equipment without understanding that such devices will require some additional equipment for use after analog broadcasting ends. We also believe that the presence of a label or sign concerning the sale of analog-only television equipment will serve an educational function by informing and reminding consumers of the upcoming transition from analog to digital broadcasting. 14. We had been reluctant to require specific labeling in the expectation that manufacturers and retailers would develop clear and uniform terminology to convey to consumers prior to purchase the features as well as the limitations of television products. However, we now conclude that adequate pre-sale information concerning analog-only television equipment will not be provided voluntarily, and the establishment of a date certainly raises the stakes for this continuing failure to disclose. We also recognize that it is currently illegal for any manufacturer to make, import or ship an analog-only television set or other video device with only an analog receiver. The focus now shifts to retailers that are selling such analog-only equipment from pre-March 1, 2007 inventory. We, therefore, require that anyone that sells or offers for sale or rent television receiving equipment that does not contain a DTV tuner after March 1, 2007 must display the following consumer alert, in a size of type large enough to be clear, conspicuous and readily legible, consistent with the dimensions of the equipment and the label, at the point of sale. This consumer alert either must be printed on a transparent material and affixed to the screen, in a manner that is removable by the consumer and does not obscure the picture when displayed for sale, or displayed separately immediately adjacent to each television offered for sale and clearly associated with the analog-only television model to which it pertains. In the case of other analog-only video devices that do not include a display (e.g., a VCR), the consumer alert must be in a prominent location on the device, such as on the top or front, or displayed separately immediately adjacent to and clearly associated with the analog-only model to which it pertains. In addition, to the extent that any persons display or offer for sale or rent via direct mail, catalog, or electronic means (e.g., the Internet) analog-only television receiving equipment after March 1, 2007, they must prominently display as part of all advertisements or descriptions of such television receiving equipment, in clear and conspicuous print, and in close proximity to any images or descriptions of such equipment, the following text. Consumer Alert This television receiver has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. Analog-only TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television Web site at: *www.dtv.gov.* Authority To Require Labeling 15. We conclude that we have ancillary authority to adopt point of sale disclosure requirements for analog-only television equipment under Titles I and III of the Communications Act of 1934, as amended (“Act”). Courts have long recognized that, even in the absence of explicit statutory authority, the Commission has authority to promulgate regulations to effectuate the goals and provisions of the Act if the regulations are “reasonably ancillary to the effective performance of the Commission's various responsibilities” under the Act. The Supreme Court has established a two-part ancillary jurisdiction test:
(1)The subject of the regulation must be covered by the Commission's general grant of jurisdiction under Title I of the Communications Act; and
(2)the regulation must be reasonably ancillary to the Commission's statutory responsibilities. The requirements we adopt here regulate devices that fall within the Commission's Title I jurisdiction, advance our statutory obligation to promote the accessibility and universality of radio communication, and serve the public interest. We conclude, therefore, that we have ancillary jurisdiction to adopt point of sale disclosure requirements in this proceeding. 16. Title I authorizes the Commission to regulate devices that receive broadcast communications. Sections 1 and 2(a) of the Act confer on the Commission regulatory jurisdiction over all interstate radio and wire communication. Broadcasting is interstate in nature, and television receivers are covered by the Act's definition of “radio communication,” which includes not only the “transmission of * * * writing, signs, signals, pictures, and sounds” by aid of radio, but also “all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.” Television receivers are “apparatus” “incidental to * * * transmission” of television broadcasts and, therefore, are within the scope of our Title I subject matter jurisdiction. 17. The recent decision of the U.S. Court of Appeals for the District of Columbia Circuit in *American Library Ass'n* v. *FCC* is not to the contrary. The D.C. Circuit held in that case that the Commission lacked jurisdiction over devices that can be used for receipt of wire or radio communications when those devices are not engaged in the process of radio or wire transmission. Thus, the D.C. Circuit held that the Commission lacked jurisdiction to regulate the post-transmission copying of program content. The requirement we adopt here, by contrast, does not involve post-transmission conduct. Rather, it directly concerns the ability (or inability) of television equipment to receive broadcast transmissions. As a result, the subject of the regulation is covered by Title I of the Act. 18. In addition, we conclude that imposing point of sale disclosure requirements for analog-only television equipment is reasonably ancillary to our statutory obligations under the Act. The Commission was established to regulate interstate and foreign communications for the purposes of promoting the accessibility and universality of wire and radio communication, as well as promoting public safety through the use of wire and radio communication. The Commission also is statutorily obligated to promote the orderly transition to digital television, “a critical step in the evolution of broadcast television.” The Commission has carried out this mandate, among other things, through implementation of the All Channel Receiver Act, which authorizes it “to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting.” Further, the Commission is authorized to “make such rules and regulations * * * as may be necessary in the execution of its functions,” and to “[m]ake such rules and regulations * * * not inconsistent with law, as may be necessary to carry out the provisions of this Act * * *.” 19. The rules we adopt today advance these statutory mandates and serve the public interest. Accurate and timely communication of the impending change from analog to digital transmission is a critical disclosure for consumers contemplating the purchase of television equipment. As discussed above, voluntary industry efforts to date have not been sufficient to ensure consumer awareness of the upcoming transition to digital television or of the limitations of analog-only televisions. Such consumer awareness is critical to our missions of promoting the accessibility and universality of radio communication, public safety, and an orderly digital transition. Without such disclosure, many American consumers may purchase analog-only television equipment without knowing that these devices will be unable to receive over-the-air signals in fewer than two years without the purchase of additional equipment, may be unprepared for the digital transition when it arrives, and may be unable to obtain critical information in emergencies after the transition. Consumer awareness also is necessary to fulfill the Commission's mandate under the ACRA, for analog-only television equipment will be incapable of receiving all television broadcast frequencies after the digital transition. By requiring that consumers be informed at the point of sale that analog-only television equipment will not be able to receive over-the-air signals in 2009, the requirement we adopt today will ensure that consumers who purchase such analog-only equipment are aware of the transition, are able to prepare for it in advance, and are not cut off from broadcast communications in 2009. 20. Exercising ancillary jurisdiction to adopt point of sale disclosure requirements for analog-only television equipment is consistent with prior exercises of the Commission's authority. As noted above, the Commission previously relied on its authority under the ACRA to impose a phased-in digital tuner mandate in order to promote the orderly transition to digital television. In addition, the Commission recently relied on its ancillary jurisdiction in requiring interconnected Voice over Internet Protocol
(VoIP)service providers to distribute to their subscribers stickers or labels warning if E911 service may be limited or unavailable, and to instruct subscribers to place them on or near the equipment used in conjunction with the interconnected VoIP service. The Commission also has numerous other labeling and disclosure requirements designed to further its statutory objectives and to protect consumers. In sum, therefore, we conclude that we have ancillary authority to adopt point of sale disclosure requirements for analog-only television equipment. IV. Procedural Matters 21. *Accessibility Information.* Accessible formats of this Second Report and Order (computer diskettes, large print, audio recording and Braille) are available to persons with disabilities by contacting Brian Millin, of the Consumer & Governmental Affairs Bureau, at
(202)418-7426, TTY
(202)418-7365, or at *bmillin@fcc.gov.* 22. *Congressional Review Act.* The Commission will send a copy of this Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Final Regulatory Flexibility Analysis 23. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”), an Initial Regulatory Flexibility Analysis (“IRFA”) was incorporated in the *Notice of Proposed Rule Making (“NPRM”).* The Commission sought written public comment on the proposals in the *NPRM* , including comment on the IRFA. This Final Regulatory Flexibility Analysis
(FRFA)conforms to the RFA. Need for, and Objectives of, the Second Report and Order 24. The rule adopted in this *Second Report and Order* is required to ensure a smooth transition of the nation's television system from analog to digital format. In an earlier proceeding in MM Docket No. 87-268, the Commission stated its intention to hold periodic reviews of the progress of the digital conversion and to make any adjustments necessary to our rules and policies to ensure that the introduction of digital television broadcasting, the end of analog broadcasting, and the recovery of spectrum at the end of the analog-to-digital transition would fully serve the public interest. 25. This *Second Report and Order* focuses on whether labeling on digital television equipment is needed at the point of sale to provide consumers with information they need. The Commission rejects proposals to require that digital television equipment bear labels concerning performance standards or antenna capabilities and limitations. We require that consumers be informed that analog television sets will, after analog broadcasting ends, require additional equipment (such as a digital-to-analog converter) if they are to continue to receive television service. Accordingly, we require that retailers post a label or sign prior to purchase to inform consumers that analog television receivers will need additional equipment or attachment to a subscription service to continue to receive over-the-air television after analog broadcasting ends. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 26. One comment was received on the IRFA. That comment did not concern any subject addressed in this *Second Report and Order* . The comment was discussed in the Final Regulatory Flexibility Analysis (“FRFA”) issued as part of the Commission's Report and Order (“ *First Report and Order* ”) in this proceeding (FCC 04-192, released September 7, 2004) and was discussed in paragraphs 12-13 of the Final Regulatory Flexibility Analysis (“FRFA”) issued as part of the *First Report and Order.* Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 27. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the proposed rules. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small government entity.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which:
(1)Is independently owned and operated;
(2)is not dominant in its field of operation; and
(3)satisfies any additional criteria established by the Small Business Administration (“SBA”). 28. The only entities directly affected by the decisions made and rules adopted in this *Second Report and Order* are retailers and other sellers of television equipment, and electronics equipment manufacturers. 29. *Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing.* The Census Bureau defines this category as follows: “This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by these establishments are: transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.” The SBA has developed a small business size standard for Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, which is: all such firms having 750 or fewer employees. According to Census Bureau data for 2002, there were a total of 1,041 establishments in this category that operated for the entire year. Of this total, 1,010 had employment of under 500, and an additional 13 had employment of 500 to 999. Thus, under this size standard, the majority of firms can be considered small. 30. *Radio, Television, and Other Electronics Stores.* The Census Bureau defines this economic census category as follows: “This U.S. industry comprises:
(1)Establishments known as consumer electronics stores primarily engaged in retailing a general line of new consumer-type electronic products;
(2)establishments specializing in retailing a single line of consumer-type electronic products (except computers); or
(3)establishments primarily engaged in retailing these new electronic products in combination with repair services.” The SBA has developed a small business size standard for Radio, Television, and Other Electronics Stores, which is: all such firms having $8 million or less in annual receipts. According to Census Bureau data for 2002, there were 10,380 firms in this category that operated for the entire year. Of this total, 10,080 firms had annual sales of under $5 million, and 177 firms had sales of $5 million or more but less than $10 million. Thus, the majority of firms in this category can be considered small. 31. *Electronic Shopping.* According to the Census Bureau, this economic census category “comprises establishments engaged in retailing all types of merchandise using the Internet.” The SBA has developed a small business size standard for Electronic Shopping, which is: all such entities having $23 million or less in annual receipts. According to Census Bureau data for 2002, there were 4,959 firms in this category that operated for the entire year. Of this total, 4,742 firms had annual sales of under $10 million, and an additional 133 had sales of $10 million to $24,999,999. Thus, the majority of firms in this category can be considered small. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements 32. The *Second Report and Order* requires anyone who sells or offers for sale television receiving equipment that has an analog tuner but not a digital tuner to disclose at the point of sale that the television will not receive over-the-air television broadcast signals after February 17, 2009 unless it is attached to a digital-to-analog converter box or a cable or satellite subscription service receiver. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 33. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others):
(1)The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities;
(2)the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities;
(3)the use of performance, rather than design, standards; and
(4)an exemption from coverage of the rule, or any part thereof, for small entities. 34. The final decision made in the *Second Report and Order* is to require retailers to place a label or display a sign on or near analog-only television receiving devices (television sets, VCRs, etc.) that discloses the limitations for such equipment in the near future. This requirement applies alike to large and small sellers of television equipment who choose to sell analog-only televisions after March 1, 2007. Due to the phase-in of the DTV tuner requirement cited above, after March 1, 2007, manufacturers and distributors are prohibited from making, importing or shipping in interstate commerce a television set that has an analog tuner but not a digital tuner. This point of sale disclosure requirement ensures that if sellers want to sell analog-only television equipment from existing inventory, they must be sure consumers understand the limitations that will apply when full power analog broadcasting ceases on February 17, 2009. The Commission also considered, and rejected, proposals to require many more disclosures with respect to digital television equipment. The Commission rejected these proposals because, in its opinion, adequate information is being made available to consumers from their own activities, industry efforts, disclosures encouraged by the Commission, and actions by consumer protection authorities. 35. In conclusion, whatever burdens small entities may incur in complying with the decision made in the *Second Report and Order* are mitigated by the factors discussed in the foregoing paragraphs. They are also warranted by the overall benefit to the public from accomplishing the transition from analog to digital television and reducing the consumer disruption related thereto. These benefits include better television; job creation; economic growth; stimulation of new technology in this country; and the shift of spectrum from television broadcasting to other uses such as new wireless services and public safety and homeland security applications. Report to Congress 36. The Commission will send a copy of the *Second Report and Order* , including this FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the *Second Report and Order* , including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Second Report and Order and FRFA (or summaries thereof) will also be published in the **Federal Register** . V. Ordering Clauses 37. *It is ordered* that, pursuant to the authority contained in Sections 1, 2(a), 3(33), 4(i), 303(r) and (s), and 336 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 153(33), 154(i), 303(r) and (s), and 336, this Second Report and Order *Is Adopted* and the Commission's rules *Are Hereby Amended* as set forth in Appendix B. Rule section 47 CFR 15.117(k) contains information collection requirements subject to the PRA and is not effective until approved by the Office of Management and Budget. The Commission shall publish an announcement of OMB approval in the **Federal Register** . We find good cause for the rule to be effective by this date because the Order is necessary to minimize harm to consumers. As described in this Order, the Commission has found that retailers are continuing to sell analog-only television receivers without disclosure of the limitations of this equipment after the digital television transition on February 17, 2009. Consumers buying these television receivers may not realize until after the end of the transition that they will no longer receive over-the-air signals without attachment to a converter or subscription service, may be unprepared for the digital transition when it arrives, and may be unable to obtain critical information in emergencies after the transition. In such instances, consumers would be financially harmed and deprived of service at a critical time. We are concerned that delay in the effective date of the disclosure requirement will result in additional analog-only equipment being sold to uninformed consumers due to the absence of appropriate disclosure, thereby harming consumers and undermining the goal of the rule. Parties subject to the rule will have a reasonable opportunity to comply with it, particularly in light of the fact that it will not be effective until OMB approval. Because delay can result in such harms to consumers and because affected parties will be afforded a reasonable opportunity to comply with the rule, we find that there is good cause to expedite the effective date of this rule. We are also requesting emergency PRA approval from OMB. 38. *It is further ordered* that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 39. *It is further ordered* that the Commission shall send a copy of this Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 15 Radio frequency devices. Federal Communications Commission. Marlene H. Dortch, Secretary. Rule Changes For the reasons discussed in the preamble, the FCC amends 47 CFR part 15 as follows: PART 15—RADIO FREQUENCY DEVICES 1. The authority citation for part 15 continues to read as follows: Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 544A. 2. Section 15.117 is amended by adding paragraph
(k)to read as follows: § 15.117 TV broadcast receivers.
(k)The following requirements apply to all responsible parties, as defined in § 2.909 of this chapter, and any person that displays or offers for sale or rent television receiving equipment that is not capable of receiving, decoding and tuning digital signals.
(1)Such parties and persons shall place conspicuously and in close proximity to such television broadcast receivers a sign containing, in clear and conspicuous print, the Consumer Alert disclosure text required by paragraph (k)(3) of this section. The text should be in a size of type large enough to be clear, conspicuous and readily legible, consistent with the dimensions of the equipment and the label. The information may be printed on a transparent material and affixed to the screen, if the receiver includes a display, in a manner that is removable by the consumer and does not obscure the picture, or, if the receiver does not include a display, in a prominent location on the device, such as on the top or front of the device, when displayed for sale, or the information in this format may be displayed separately immediately adjacent to each television broadcast receiver offered for sale and clearly associated with the analog-only model to which it pertains.
(2)If such parties and persons display or offer for sale or rent such television broadcast receivers via direct mail, catalog, or electronic means, they shall prominently display in close proximity to the images or descriptions of such television broadcast receivers, in clear and conspicuous print, the Consumer Alert disclosure text required by paragraph (k)(3) of this section. The text should be in a size large enough to be clear, conspicuous, and readily legible, consistent with the dimensions of the advertisement or description.
(3)*Consumer alert.* This television receiver has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. Analog-only TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television Web site at: *http://www.dtv.gov.* [FR Doc. 07-2318 Filed 5-9-07; 8:45 am]
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U.S. Code
- Compensation to Members of Congress, officers, and others in matters affecting the Government§ 203
- Rule making§ 553
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Powers and functions of the Merit Systems Protection Board§ 1204
- Purposes§ 3501
- Avoidance of duplicative or unnecessary analyses§ 605
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Determination of other material as special nuclear material; Presidential assent; effective date§ 2071
- Cooperation with States§ 2021
- Establishment and transfers§ 5841
- Employee protection§ 5851
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Findings and purposes§ 10151
- Authority and functions of Director§ 3504
- Definitions§ 2014
- Authorization of monitored retrievable storage§ 10162
- Hearings and judicial review§ 2239
- Licensing of facility expansions and transshipments§ 10154
- Site selection§ 10165
- Definitions§ 10101
- Interim at-reactor storage§ 10153
- Research and development on spent nuclear fuel§ 10198
- Federal Aviation Administration§ 106
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Rules and regulations§ 7805
- Postal policy§ 101
- Identification and listing of hazardous waste§ 6921
- Toxic chemical release forms§ 11023
- Source reduction and recycling data collection§ 13106
- Definitions§ 601
- Establishment, functions, and activities§ 272
- SHORT TITLE.§ 801
- SHORT TITLE.§ 9701
- Congressional declaration of goals and policy§ 1251
- Research and investigations generally§ 241
- Federal agency responsibilities§ 3506
- Purposes of chapter; Federal Communications Commission created§ 151
- Federal Communications Commission§ 154
CFR
- List of approved spent fuel storage casks.§ 72.214
- Conditions of general license issued under § 72.210.§ 72.212
- NRC size standards.§ 2.810
- Backfitting.§ 72.62
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Continuous airworthiness maintenance program (CAMP) for two-engine ETOPS.§ 121.374
- Service difficulty reports.§ 121.703
- Incorporation by reference; Mailing Standards of the United States Postal Service, Domestic Mail Manual.§ 111.1
- What size standards has SBA identified by North American Industry Classification System codes?§ 121.201
53 references not yet in our index
- 5 CFR 2635
- 5 CFR 2635.803
- 5 CFR 2635.807(a)(2)(i)(B)
- 5 CFR 2636.305(b)(1)
- 5 CFR 2636.305(b)(2)
- 5 CFR 7401
- 5 CFR 2635.105
- 5 CFR 2635.105(c)
- 5 CFR 2634
- 5 CFR 2640
- 5 CFR 735
- 10 CFR 72
- Pub. L. 104-113
- 10 CFR 51
- 68 Stat. 929
- 83 Stat. 444
- Pub. L. 86-373
- 73 Stat. 688
- 88 Stat. 1242
- Pub. L. 95-601
- 92 Stat. 2951
- Pub. L. 102-486
- 106 Stat. 3123
- Pub. L. 91-190
- 83 Stat. 853
- Pub. L. 97-425
- 96 Stat. 2229
- Pub. L. 100-203
- 101 Stat. 1330
- 112 Stat. 2750
- Pub. L. 109-58
- 119 Stat. 806
- 68 Stat. 955
- 96 Stat. 2230
- 96 Stat. 2202
- 98 Stat. 2230
- 96 Stat. 2252
- 14 CFR 39
- 14 CFR 135
- 14 CFR 121
+ 13 more
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Interim rule with request for comments
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Cite5 CFR 2635.803
Cite5 CFR 2635.807(a)(2)(i)(B)
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