Unknown. Final rule

8,116 words·~37 min read·/register/2007/05/16/07-2373

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-05-16.xml --- 72 94 Wednesday, May 16, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 27538-27539 E7-9387 E7-9457 Animal Animal and Plant Health Inspection Service PROPOSED RULES Livestock improvement:

Voluntary Trichinae Certification Program, 27656-27686 E7-9236 NOTICES Environmental statements; availability, etc.: Rice; genetically engineered to express lactoferrin, lysozyme, or serum albumin; field release, 27539-27540 E7-9432 Army Army Department NOTICES Environmental statements; notice of intent: Presidentially directed growth of U.S. Army, 27545-27546 07-2405 Children Children and Families Administration NOTICES Organization, functions, and authority delegations: Associate Director, Family Assistance Office, E7-9419 27572-27573 E7-9420 Coast Guard Coast Guard PROPOSED RULES Regattas and marine parades:

Lake Michigan Captain of Port zone marine events Correction, 27499 E7-9349 Commerce Commerce Department See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27546-27547 E7-9389 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Loan guarantees for projects that employ innovative technologies, 27471-27488 E7-9297 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources:

Source owners and operators; deadlines to conduct performance tests, 27437-27443 E7-9407 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Michigan, 27425-27437 E7-9289 Ohio, 27640-27642, E7-9141 27644-27646, E7-9149 27648-27650, E7-9150 27652-27654 07-2335 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Acetochlor, 27463-27469 E7-9430 Aspergillus flavlus NRRL 21882 on corn, 27460-27463 E7-9427 Chlorantraniliprole, 27448-27456 E7-9206 Pendimethalin, 27456-27460 E7-9428 Pythium oligandrum DV 74, 27448-27452 Water programs:

Oil pollution prevention; non-transportation related onshore and offshore facilities, 27443-27448 07-2404 NOTICES Air pollution control: Citizens suits; proposed settlements— New Jersey Environmental Protection Department, 27557-27558 E7-9417 Meetings: Exposure modeling, 27558-27559 E7-9322 FIFRA Scientific Advisory Panel, 27559-27563 E7-9426 Science Advisory Board, 27563 E7-9406 Pesticide registration, cancellation, etc.: Diazinon, 27563-27565 E7-9205 Pesticides; experimental use permits, etc.:

Circle One Global, Inc., 27565-27566 E7-9311 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 27566 07-2453 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency PROPOSED RULES Program regulations: Construction and repair; thermal standards, 27470-27471 07-2366 FAA Federal Aviation Administration RULES Class E airspace, 27412-27422 07-2307 07-2308 07-2310 07-2311 07-2370 07-2371 07-2372 07-2373 Standard instrument approach procedures, 27422-27424 E7-9242 PROPOSED RULES Airworthiness directives:

Airbus, 27493-27497 E7-9391 Allied Ag Cat Productions, Inc., 27489-27491 E7-9402 Boeing, 27497-27499 E7-9390 Empresa Brasileira de Aeronautica S.A., 27491-27493 E7-9394 NOTICES Environmental statements; record of decision: New Mexico Training Range Initiative, 27622 07-2393 Realistic Bomber Training Initiative, 27622-27623 07-2394 FCC Federal Communications Commission RULES Common carrier services, etc.: Wireless telecommunications services— 698-806 MHz band, enhanced 911 emergency calling systems, hearing aid-compatible telephones, and public safety spectrum requirements, 27688-27713 E7-9334 PROPOSED RULES Common carrier services:

Nationwide broadband data development to evaluate advanced services, wireless broadband, and voice over Internet protocol subscriberships, 27519-27535 E7-9300 NOTICES Agency information collection activities; proposals, submissions, and approvals, 27566-27569 E7-9303 E7-9312 E7-9335 E7-9429 Common carrier services: Revenue thresholds; annual adjustment, 27569 E7-9305 Telecommunications relay services— Fraudulent credit card purchases through Internet protocol relay service, 27569-27570 E7-9336 National Exchange Carrier Association; compensation rates, fund size, and carrier contribution factor, 27570-27571 E7-9440 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 27553-27554 E7-9333 Hydroelectric applications, 27554-27555 E7-9356 Meetings;

Sunshine Act, 27555-27557 E7-9458 *Applications, hearings, determinations, etc.:* Attala Transmission LLC, 27547 E7-9355 Caledonia Energy Partners, L.L.C., E7-9361 27547-27548 E7-9362 Central Vermont Public Service Corp., 27548 E7-9316 Distrigas of Massachusetts LLC, 27548 E7-9318 East Kentucky Power Cooperative, Inc., 27549 E7-9317 Iroquois Gas Transmission System, L.P., 27549 E7-9360 Kinder Morgan Interstate Gas Transmission LLC, 27549-27550 E7-9319 Liberty Gas Storage, LLC, 27550 E7-9358 Mississippi Canyon Gas Pipeline, LLC, 27550 E7-9357 Northern Natural Gas Co., 27550-27551 E7-9352 E7-9359 Perryville Energy Partners, L.L.C., 27551-27552 E7-9354 PJM Interconnection, L.L.C., 27552 E7-9321 Port Dolphin Energy LLC, 27552-27553 E7-9353 Wyoming Interstate Co., Ltd., 27553 E7-9320 Federal Highway Federal Highway Administration NOTICES Federal agency actions on proposed highways; judicial review claims:

Merced County, CA; Campus Parkway Project, 27623-27624 E7-9377 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; diabetes exemptions, 27625-27632 E7-9339 Driver qualifications; vision requirement exemptions, 27624-27625 E7-9338 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 27571 07-2413 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 27571-27572 07-2440 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Bayou Sauvage National Wildlife Refuge, LA; comprehensive conservation plan, 27585-27586 E7-9405 Bond Swamp National Wildlife Refuge, GA; comprehensive conservation plan, 27586-27587 E7-9404 Laguna Cartagena National Wildlife Refuge, PR; comprehensive conservation plan, 27588-27589 E7-9403 Muscatatuck National Wildlife Refuge, IN, Tamarac National Wildlife Refuge et al., MN, and and Big Muddy National Wildlife Refuge, MO, 27587-27588 E7-9384 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27573-27575 E7-9435 E7-9436 Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— MEPRON (atovaquone) tablets, 250 milligrams, 27575 E7-9348 Reports and guidance documents; availability, etc.: Clinical trial endoints for approval of cancer drugs and biologics; industry guidance, 27575-27576 E7-9345 Labeling for human prescription drugs; determining established pharmacologic class for use in highlights of prescribing information, 27576-27577 E7-9347 Forest Forest Service NOTICES Environmental statements; notice of intent:

Bighorn National Forest, WY, 27540-27541 E7-9386 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Barley protein testing; official fees and tolerances, 27407-27408 E7-9388 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Indian Health Service Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Organization, functions, and authority delegations:

Special Assistant to Chief Procurement Officer; designation as competition advocate, 27585 E7-9434 Indian Indian Affairs Bureau NOTICES Reports and guidance documents; availability, etc.: Energy rights-of-way on tribal lands; report to Congress, 27589 E7-9431 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Tribal Management Grant Program, 27577-27585 07-2389 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Indian Gaming Commission See National Park Service IRS Internal Revenue Service NOTICES Meetings:

Taxpayer Advocacy Panel, 27632 E7-9343 Labor Labor Department See Labor Statistics Bureau MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 27591-27592 E7-9375 Land Land Management Bureau NOTICES Alaska Native claims selection: Deloycheet, Inc., 27589-27590 E7-9400 Committees; establishment, renewal, termination, etc.: Resource Advisory Councils— New Mexico, 27590 E7-9385 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Coastal Impact Assistance Program, 27590 E7-9337 Outer Continental Shelf operations: Gulf of Mexico— Official protraction diagrams availability, 27590-27591 E7-9344 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27592-27593 E7-9380 Agency records schedules; availability, 27593-27594 E7-9381 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards:

Occupant crash protection— Advanced air bag options; dynamic automatic suppression option; dummies representing 12-month-old children; rulemaking petition denied, 27535-27537 E7-9382 National Indian National Indian Gaming Commission NOTICES Environmental statements; availability, etc.: Graton Rancheria Casino and Hotel Project, CA, 27595 07-2399 NOAA National Oceanic and Atmospheric Administration NOTICES Endangered and threatened species: Anadromous fish take— Grants Pass Irrigation District, OR; coho salmon;

Southern Oregon and Northern California Coasts evolutionarily significant unit, 27541-27542 E7-9423 Exempted fishing permit applications, determinations, etc., 27542 E7-9376 Meetings: New England Fishery Management Council, 27542-27543 E7-9373 South Atlantic fisheries— Greater amberjack and red snapper; Southeastern Data, Assessment, and Review workshops, 27543-27544 E7-9374 Scientific research permit applications, determinations, etc., 27544 E7-9422 National Park National Park Service PROPOSED RULES Special regulations:

Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway, WY; winter visitation and recreational use, 27499-27519 E7-9351 National Science National Science Foundation NOTICES Meetings: Equal Opportunities in Science and Engineering Committee, 27595 E7-9383 Nuclear Nuclear Regulatory Commission RULES Material Access Authorization Program and Information Access Authority Program; access authorization fees, 27408-27412 E7-9415 NOTICES Export and import license applications for nuclear facilities and materials:

Westinghouse Electric Co., 27595-27596 E7-9414 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 27596 E7-9397 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Environmental protection with respect to greenhouse gas emissions; cooperation (EO 13432), 27715-27719 07-2462 Rural Rural Business-Cooperative Service PROPOSED RULES Program regulations: Construction and repair; thermal standards, 27470-27471 07-2366 Rural Rural Housing Service PROPOSED RULES Program regulations:

Construction and repair; thermal standards, 27470-27471 07-2366 RUS Rural Utilities Service PROPOSED RULES Program regulations: Construction and repair; thermal standards, 27470-27471 07-2366 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 27596-27602 E7-9363 E7-9367 E7-9368 E7-9369 E7-9370 E7-9372 E7-9412 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 27602-27604 E7-9364 International Securities Exchange, LLC, 27604-27606 E7-9365 National Association of Securities Dealers, Inc, 27606-27608 E7-9433 National Futures Association, 27608-27610 E7-9371 New York Stock Exchange LLC, 27610-27611 E7-9366 NYSE Arca, Inc., 27611 E7-9411 SBA Small Business Administration NOTICES Loan programs:

Lender risk rating system, 27611-27620 E7-9442 Meetings: Audit and Financial Management Advisory Committee, 27620 E7-9416 Social Social Security Administration RULES Civil monetary penalties, assessments, and recommended exclusions, 27425 E7-9228 Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled— False or misleading statements or withholding of information; representative payment policies and administrative procedure for imposing penalties, 27424-27425 E7-9226 NOTICES Privacy Act; computer matching programs, 27620-27621 E7-9395 State State Department NOTICES Meetings:

Overseas Security Advisory Council, 27621 E7-9424 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Aviation proceedings: Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 27621-27622 E7-9408 Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Automated program test: Automated Commercial Environment— Secure data portal; account access terms and conditions, 27632-27635 E7-9350 Veterans Veterans Affairs Department NOTICES Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Merit Review Board, 27635-27636 07-2395 Genomic Medicine Program Advisory Committee, 27636 07-2397 Women Veterans Advisory Committee, 27636-27637 07-2396 Veterans Health Administration:

Physicians and dentists; annual pay ranges, 27637-27638 07-2401 Separate Parts In This Issue Part II Environmental Protection Agency, 27640-27642 E7-9141 Part III Environmental Protection Agency, 27644-27646 E7-9149 Part IV Environmental Protection Agency, 27648-27650 E7-9150 Part V Environmental Protection Agency, 27652-27654 07-2335 Part VI Agriculture Department, Animal and Plant Health Inspection Service, 27656-27686 E7-9236 Part VII Federal Communications Commission, 27688-27713 E7-9334 Part VIII Executive Office of the President, Presidential Documents, 27715-27719 07-2462 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 94 Wednesday, May 16, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Parts 800 and 801 RIN 0580-AA95 Official Fees and Tolerances for Barley Protein Testing AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that previously extended the official inspection program to include testing of barley protein using near-infrared spectroscopy analyzers that were previously approved for different grains, established in the fee schedule a generic fee for all near-infrared measurements

(NIR)and nuclear magnetic resonance

(NMR)analyses, which is identical to existing fees. Also, we amended the regulations under the United States Grain Standards Act (USGSA) to establish performance tolerances for protein analyzers used to predict the percentage of protein in barley. DATES: Effective: June 15, 2007. FOR FURTHER INFORMATION CONTACT: John C. Giler, Acting Director, Field Management Division, at his e-mail address: *John.C.Giler@usda.gov* or telephone him at

(202)720-0228. SUPPLEMENTARY INFORMATION: Background On November 4, 2004, GIPSA issued a **Federal Register** notice (69 FR 64269-64270), announcing an intent to implement barley protein measurement as official criteria under the United States Grain Standards Act (USGSA) effective July 1, 2005. The **Federal Register** notice is available on the GIPSA Web site at *http://www.gipsa.usda.gov.* On November 8, 2006, GIPSA issued a **Federal Register** interim rule (71 FR 65371-65373) seeking comments on GIPSA's intention to extend its official inspection program to include testing of Barley protein and to establish a fee for such testing. There were no comments received on this request. This provides the barley industry with accurate results for protein that the market can rely on to negotiate price, value, and premium. Fees GIPSA collects fees for providing official testing services to cover, as nearly as practicable, GIPSA's costs for performing the service, including related administrative and supervisory costs. Testing procedures and time necessary to determine protein in barley using the approved near-infrared transmittance

(NIRT)analyzers are the same as those required for NIRT wheat protein; soybean oil and protein; and corn oil, protein, and starch determinations. Accordingly, the fee to test barley is the same as for tests for the above cited commodities. The fee is $2.25 per test when the service is performed at an applicant's facility in an onsite FGIS laboratory, and for services performed at a location other than an applicant's facility in an FGIS laboratory the fees will be $10.00 per test for an original inspection service and $17.70 per test for an appeal inspection service. Further, since the fees for near-infrared

(NIR)analysis are the same as the fees for nuclear magnetic resonance

(NMR)analysis, these fees are included in a generic NIR and NMR analysis fee. This should simplify the fee schedule and will not require a regulatory fee change when new NIR and NMR analysis are available for other grain products. Specifically, in 7 CFR 800.71, in tables 1 and 2, we will add a single new fee for “NIR and NMR analysis (protein, oil, starch, etc.)” to replace the individual fees currently listed for the following 4 categories:

(1)Corn oil, protein, and starch (one of any combination),

(2)soybean protein and oil (one or both),

(3)wheat protein (per test), and

(4)sunflower (per test). We renumbered the remaining fees listed in table 1, section 2 and table 2, sections 1 and 2. We are not making any other changes to the remaining fee amounts or categories at this time. Tolerances We run standard reference samples through the equipment to evaluate the accuracy of the equipment; for barley, the standard reference samples sets typically weigh between 650 and 750 grams. Due to the natural variation in individual kernels of barley and other sources of variability, each time we test the barley the testing equipment is likely to produce slightly different results. Therefore, we determine the allowable amount of differences between the test results from the standard reference sample and the expected outcome. We refer to this amount as the tolerance, which is the variation we allow for the equipment to produce accurate results. We determined that, based upon the performance of the instruments and calibration, the maintenance tolerance will be ±0.20 percent mean deviation from the national standard NIRS instruments for the NIRS analyzers used in performing official inspections. We determined that this level of accuracy will provide reliable testing procedures and accurate results to meet prospective official customer needs and that the market can rely on to negotiate price, value, and premium. We will apply this tolerance according to testing instructions found in the GIPSA Near-Infrared Transmittance

(NIRT)Handbook. We are adding this tolerance as a new paragraph (b)(4) in 7 CFR 801.7. Previously, 7 CFR 801.7(b) only included tolerances for

(1)NIRS wheat protein analyzers,

(2)NIRS soybean oil and protein analyzers, and

(3)NIRS corn oil, protein, and starch analyzers. As with other commodities for which NIRS analyzers are used, we will use the chemical reference protein determinations to reference and calibrate official NIRS instruments in accordance with the Combustion Method, AOAC International Method 992.23, which we previously incorporated by reference into 7 CFR 801.7(b). No change to the incorporation is required for barley protein testing. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). The Administrator of GIPSA has determined that this rule will not have a significant impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Currently, near-infrared spectroscopy analyzers are being used to determine wheat protein; soybean oil and protein; and corn oil, protein, and starch in both domestic and export markets. This rule establishes tolerances to expand the use of currently approved near-infrared spectroscopy analyzers to test barley protein and establishes a generic fee for all NIR and NMR testing that is identical to current fees. Testing for barley protein is included in this fee. There are 58 official agencies (46 private entities, 12 States) that are designated and/or delegated by GIPSA to perform official grain inspection services. Most of the agencies could be considered small entities under Small Business Administration criteria. The extent to which these agencies will choose to provide this service is difficult to quantify because GIPSA is offering this service on a request basis, and locations where service is requested infrequently may make arrangements with neighboring agencies to provide the service (7 CFR 800.196(g)(1)). GIPSA believes that offering this service would have a beneficial effect on those agencies electing to provide the service. For the 2006/2007 Market Year (June to May), USDA's Economic Research Service estimated the U.S. Barley Supply to be 303,000,000 bushels. Between June 2006 and September 2006 (the months for which we have data), 20,010,000 bushels of barley were tested for protein. Ten of the 58 official agencies, performed barley protein tests in the first 11 months of fiscal year 2006. There were 5,176 barley protein tests performed; of those 2,624 were tests performed for trucks and rail cars, 2,546 were tests performed on submitted samples, and 6 were performed locally, such as within a grain elevator. According to USDA's National Agricultural Statistics Service, there are 24,747 farms (producers) in the barley for grain category. We do not have estimates for the number of grain handlers, exporters, and feedlot operators that may be involved in submitting barley for protein testing. In general, many producers, grain handlers, exporters, and feedlot operators may be considered small entities under Small Business Administration criteria. Further, grain handlers and exporters often use testing results to determine value and premiums. The extent to which these entities will request the official barley protein or the impact of offering this service is difficult to quantify. GIPSA believes that barley producers, feedlot operators, grain handlers, and exporters will rely on the official system to provide reliable testing procedures and accurate results that the market can rely on to negotiate price, value, and premiums. Fees currently are charged for NIR testing. The fees charged by GIPSA are $2.25 per test when the service is performed at an applicant's facility in an onsite FGIS laboratory, and when an inspection service is performed at a location other than an applicant's facility in an FGIS laboratory the fees are $10.00 per test for an original inspection service and $17.70 for an appeal inspection service. The generic fee is the same as fees charged for current individual tests and their impact on applicants for services will vary depending upon usage since these tests are on a request basis. Executive Order 12988 Executive Order 12988, Civil Justice Reform, instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. This final rule has been reviewed under this Executive Order. This final rule is not intended to have a retroactive effect. The United States Grain Standards Act provides in Section 87g that no State or subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the Act. Otherwise, this final rule will not preempt any State or local laws, regulations, or policies unless they present irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this interim rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the recordkeeping and reporting burden imposed by parts 800 and 801 were previously approved by OMB under control number 0580-0013 and will not be affected by this rule. GIPSA is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. List of Subjects 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 801 Exports, Grains, Scientific equipment. For the reasons set out in the preamble, we are amending 7 CFR parts 800 and 801 as follows: Authority: 7 U.S.C. 71—87k. PART 800—GENERAL REGULATIONS The interim final rule amending 7 CFR parts 800 and 801, which was published in the November 8, 2006, **Federal Register** at 71 FR 65371-65373, is adopted as a final rule, without change. James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E7-9388 Filed 5-15-07; 8:45 am] BILLING CODE 3410-KD-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN 3150-AH99 Access Authorization Fees AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending the agency access authorization fees charged to licensees for work performed under the Material Access Authorization Program

(MAAP)and the Information Access Authority Program (IAAP). The amended cost is due to an increase of the review time for each application for access authorization. The formula for calculating fees remains the same as based on current Office of Personnel Management

(OPM)billing rates for personnel background investigations. The formula is designed to recover the full cost of processing a request for access authorization from the licensee. The use of the fee assessment formula tied to current OPM billing rates eliminates the need for the NRC to update its access authorization fee schedules through regular rulemakings. DATES: The effective date of the final rule is June 15, 2007. FOR FURTHER INFORMATION CONTACT: Emily Banks, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-0320, e-mail *erb@nrc.gov* . SUPPLEMENTARY INFORMATION: Background Certain individuals employed by licensees or contractors of the NRC are assigned duties which require access to special nuclear material (plutonium, uranium-233, and uranium enriched in the isotopes uranium-233 or uranium-235) or to restricted data or national security information. Individuals who require access to this material or information must obtain an access authorization from the NRC. When a licensee requests access authorization for an employee or a contractor, the NRC initiates a background investigation of the individual seeking access authorization. Based on the results of that investigation, the NRC will determine whether permitting the individual access to special nuclear material, restricted data, or national security information would create a security risk. OPM conducts the required access authorization background investigations for the NRC and sets the rates charged for these investigations. The combined cost of the OPM background investigation and any related NRC processing activities are recovered from the licensee through an access authorization fee assessed by the NRC. It is the NRC's practice to publish the fee schedule for special nuclear material access authorization in 10 CFR 11.15(e)(1) and the corresponding fee schedule for restricted data and national security information access authorization in Appendix A to 10 CFR part 25. Both schedules are based on rates charged by OPM for conducting the required background investigations. Discussion This final rule amends §§ 11.15(e) and 25.17(f), and Appendix A to part 25 by modifying the fee charged to licensees for work performed under the MAAP and IAAP from 11.6 percent of the OPM billing rates to 31.7 percent. This modification will ensure that the NRC's administrative costs are fully recovered through access authorization fees charged to licensees. This final rule will continue to allow licensees to calculate the NRC fee for any given application by reference to the current OPM billing schedule for personnel investigation services. Investigations Reimbursable Billing Rates for personnel background checks are published by OPM's Investigations Service in a Federal Investigation Notice (FIN). The current OPM billing rates were published as FIN 06-08 on September 11, 2006, and became effective on October 1, 2006. FIN 06-08 is available on OPM's Investigations Service Web site at *http://www.opm.gov/extra/investigate/fins.htm* . NRC licensees can also obtain the current OPM investigations rate schedule from the Personnel Security Branch of the NRC's Division of Facilities and Security by contacting the individual named under the FOR FURTHER INFORMATION CONTACT heading. The amendments specify the NRC's access authorization fee for any given request as the sum of the current OPM billing rate for the required investigation, and the NRC's in-house processing fee. As noted previously, the OPM billing rate is pulled directly from the current OPM fee schedule for investigations. The tables in § 11.15(e)(2) and Appendix A to part 25 cross-reference each type of NRC access authorization request to the appropriate investigation service listed in OPM's fee schedule. The NRC's in-house processing fee is 31.7 percent of the relevant OPM rate. The in-house processing fee of 31.7 percent is based on a recent NRC audit of actual in-house costs incurred in processing licensee applications for access authorization. This fixed percentage of the OPM rate, when added to the base OPM investigations charge, yields the total access authorization fee assessed by the NRC {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. For example, a licensee seeking a special nuclear material “NRC-U” access authorization requiring a single scope background investigation is directed by the table in § 11.15(e)(2) to calculate the application fee based on the OPM billing rate for a “Code C” Single Scope Background Investigation (SSBI). According to the current OPM investigations fee schedule (FIN 06-08), OPM charges $3,550 for a “Code C” SSBI. The table instructs the licensee to calculate the NRC processing fee by multiplying $3,550 by 31.7 percent, which equals $1,125.35. The licensee then rounds the NRC processing fee to the nearest dollar, or $1,125, and adds that amount to the OPM investigations fee of $3,550 to determine the total assessed material access authorization fee: $4,675. The following table illustrates the calculation process: Current OPM billing rate for SSBI-C Plus NRC application processing fee OPM rate × 31.7% = NRC fee (rounded to nearest $) Equals total NRC access authorization fee for NRC-U application $3,550 $3,550 × 31.7% = $1,125.35 (rounded to $1,125) = $4,675 Licensees applying for restricted data or national security information access authorization follow a similar procedure. The table in Appendix A to part 25 cross-references each type of “Q” or “L” access authorization to the corresponding OPM investigation type. The OPM billing rate for the type of investigation referenced is determined by consulting the current OPM schedule of billing rates. This rate is then plugged into the fee assessment formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}, illustrated previously, to calculate the correct NRC access authorization fee for the type of application submitted. Section-by-Section Analysis Section 11.15(e) Section 11.15(e)(1) describes how the OPM bills the NRC for the cost of each background investigation of a given type and provides the formula used in calculating the material access authorization fee. The percentage of the OPM billing rates in this formula is being changed from 11.6% of the OPM billing rate to 31.7% of that rate. This section also explains how to access the OPM billing schedule and specifies that any changes to the NRC's access authorization fees will be applicable to each access authorization request received on or after the effective date of OPM's most recently published billing schedule. Section 11.15(e)(2) directs licensees to remit the appropriate access authorization fee with each application submitted, in accordance with the table presented in that section. The table cross-references each type of NRC material access authorization request to a type of investigation in the current OPM fee schedule, and directs licensees to calculate the application fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Section 11.15(e)(3) indicates that applications for individuals that have a current access authorization from another Federal agency may be processed expeditiously at no cost to the licensee. Section 25.17(f) Section 25.17(f)(1) describes how the OPM bills the NRC for the cost of each background investigation and provides the formula used in calculating national security information and restricted data access authorization fees. This section also explains how to access the OPM billing schedule and specifies that any changes to the NRC access authorization fees will be applicable to each access authorization request received on or after the effective date of OPM's most recently published billing schedule. Section 25.17(f)(2) directs licensees to remit the appropriate national security information or restricted data access authorization fee with each application submitted. Applicants are instructed to calculate the appropriate fee by using the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} with reference to the table in appendix A to part 25. Section 25.17(f)(3) indicates that applications for individuals that have a current access authorization from another Federal agency may be processed expeditiously at no cost to the licensee. Appendix A to Part 25 The revised table in Appendix A to part 25 cross-references each type of NRC “Q” or “L” access authorization request to a type of investigation in the current OPM fee schedule, and directs licensees to calculate the application fee according to the stated formula. Because this final rule deals solely with agency practice and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). The final rule is effective 30 days after its publication in the **Federal Register** . Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires agencies to use technical standards developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical. This final rule amends the formula for calculating the NRC access authorization fee charged to licensees for work performed under MAAP and IAAP from 11.6 percent of the OPM billing rate for an investigation of a given type to 31.7 percent. This action is administrative in nature and does not involve the establishment or application of a technical standard containing generally applicable requirements. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusions 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This final rule does not contain new or amended information collection requirements 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 (OMB), approval numbers 3150-0046 and 3150-0062. Public Protection Notification If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to the information collection. Regulatory Analysis A regulatory analysis has not been prepared for this final rulemaking. This final rule ensures that the NRC recovers the full cost of application processing from licensees submitting access authorization requests. The formula method for calculating these fees continues to provide a more efficient and effective mechanism for updating NRC access authorization fees in response to changes in the underlying OPM rate schedule for required personnel background investigations. These amendments are administrative in nature and will neither impose new nor relax existing safety requirements and, thus, do not call for the sort of safety/cost analysis described in the agency's regulatory analysis guidelines in NUREG/BR-0058. Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule and a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Congressional Review Act In accordance with the Congressional Review Act, 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 of OMB. List of Subjects 10 CFR Part 11 Hazardous materials—transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material. 10 CFR Part 25 Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures. For the reasons set forth 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 parts 11 and 25. PART 11—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL 1. The authority citation for part 11 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 9701). 2. In § 11.15, paragraph

(e)is revised to read as follows: § 11.15 Application for special nuclear material access authorization. (e)(1) The Office of Personnel Management

(OPM)bills NRC for the cost of each background investigation conducted in support of an application for special nuclear material access authorization. The combined cost of the OPM investigation and NRC's application processing overhead are recovered from the licensee through a material access authorization fee calculated with reference to current OPM personnel investigation billing rates {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Updated OPM billing rates are published periodically in a Federal Investigations Notice

(FIN)issued by OPM's Investigations Service. Copies of the current OPM billing schedule can be obtained by phoning the NRC's Personnel Security Branch, Division of Facilities and Security, Office of Administration at (301-415-7739). Any change in the NRC's access authorization fees will be applicable to each access authorization request received on or after the effective date of OPM's most recently published investigations billing schedule.

(2)Each application for a special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission. Applicants shall calculate the access authorization fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} and with reference to the following table: The NRC application fee for an access authorization of type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * Plus the NRC's processing fee (rounded to the nearest dollar), which is equal to the OPM billing rate for the type of investigation referenced multiplied by * * * (percent) I. NRC-R 1 NACLC—National Agency Check with Law and Credit (Standard Service, Code B) 31.7 ii. NRC-R 1 (expedited processing) NACLC—National Agency Check with Law and Credit (Expedite Handling, Code A) 31.7 iii. NRC-R based on certification of comparable investigation 2 No fee assessed for most applications iv. NRC-R renewal 1 NACLC—National Agency Check with Law and Credit (Standard-Service, Code B) 31.7 v. NRC-U requiring single scope investigation SSBI-SIngle Scope Background Investigation (120 Day Service, Code C) 31.7 vi. NRC-U requiring single scope investigation (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A) 31.7 vii. NRC-U based on certification of comparable investigation 2 No fee assessed for most applications viii. NRC-U renewal 2 LBI—Limited Background Investigation (120 Day Service, Code C) 31.7 1 If the NRC, having reviewed the available data, deems it necessary to perform a single scope investigation, the appropriate NRC-U fee will be assessed before the conduct of the investigation. 2 If the NRC determines, based on its review of available data, that a single scope investigation is necessary, the appropriate NRC-U fee will be assessed before the conduct of the investigation.

(3)Certain applications from individuals having current Federal access authorizations may be processed expeditiously at no cost to the licensee because the Commission, at its discretion, may decide to accept the certification of access authorizations and investigative data from other Federal government agencies that grant personnel access authorizations. PART 25—ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 3. The authority citation for part 25 continues to read as follows: Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, as amended, 3 CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396. Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701). 4. In § 25.17, paragraph

(f)is revised to read as follows: § 25.17 Approval for processing applicants for access authorization. (f)(1) The Office of Personnel Management

(OPM)bills NRC for the cost of each background investigation conducted in support of an application for access authorization. The combined cost of the OPM investigation and NRC's application processing overhead are recovered from the licensee through an authorization fee calculated with reference to current OPM personnel investigation billing rates {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Updated OPM billing rates are published periodically in a Federal Investigations Notice

(2)Applications for access authorization or access authorization renewal processing that are submitted to the NRC for processing must be accompanied by a check or money order, payable to the U.S. Nuclear Regulatory Commission, representing the current cost for the processing of each “Q” and “L” access authorization, or renewal request. Applicants shall calculate the access authorization fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} and with reference to the table in appendix A to this part.

(3)Certain applications from individuals having current Federal access authorizations may be processed more expeditiously and at less cost, because the Commission, at its discretion, may decide to accept the certification of access authorization and investigative data from other Federal Government agencies that grant personnel access authorizations. 5. Appendix A to part 25 is revised to read as follows: Appendix A to Part 25.—Fees for NRC Access Authorization The NRC application fee for an access authorization of type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * Plus the NRC's processing fee (rounded to the nearest dollar), which is equal to the OPM billing rate for the type of investigation referenced multiplied by * * * (percent) Initial “L” access authorization 1 ANACI—Access National Agency Check with Inquiries (Standard Service, Code B) 31.7 Initial “L” access authorization 1 expedited processing ANACI—Access National Agency Check with Inquiries (Expedite Handling, Code A 31.7 Reinstatement of “L” access authorization 2 No fee assessed for most applications Renewal of access authorization 1 NACLC—Access National Agency Check with Inquiries (Standard Service, Code B) 31.7 Initial “Q” access authorization SSBI—Single Scope Background Investigation (120 Day Service, Code C) 31.7 Initial “Q” access authorization (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A 31.7 Reinstatement of “Q” access authorization 2 No fee assessed for most applications Renewal of “Q” access authorization 1 SSBI-PR—Single Scope Background Investigation (120 Day Service, Code C) 31.7 1 If the NRC determines, based on its review of available data, that a single scope investigation is necessary, the appropriate fee for an Initial “Q” access authorization will be assessed before the conduct of investigation. 2 Full fee will only be charged if an investigation is required. Dated at Rockville, Maryland, this 26th day of March, 2006. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7-9415 Filed 5-15-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-27676; Airspace Docket No. 07-AGL-2] Modification of Class E Airspace; Canby, MN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying Class E airspace at Canby, Myers Field, MN. Standard Instrument Approach Procedures have been developed by Canby, Myers Field, MN. Additional controlled airspace extending upward from the surface and upward from 700 feet above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of the existing controlled airspace for Canby, Myers Field, MN. DATES: This direct final rule is effective on 0901 UTC, July 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 7 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before May 31, 2007. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2007-27676/Airspace Docket No. 07-AGL-2, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2522. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR Part 71 modifies the Class E airspace area at Canby, Myers Field, MN. The radius of the Class E airspace area extending upward from 700 feet or more above the surface of the earth is expanded from within a 6.3-mile radius to within a 7.4-mile radius of the airport. An extension is established within 4 miles each side of the 301 bearing from the airport extending from the 7.4-mile radius to 10.3 miles northwest of the airport. This modification brings the legal description of the Canby, Myers Field, MN Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1 of the same order. The Class E airspace designations listed in this document would be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comments is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the date on the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in development reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2006-27676/Airspace Docket NO. 07-AGL-2.” The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein 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. Therefore, it is determined that this final rule doe snot have federalism implications under Executive Order 13132. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)if promulgated, 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Canby, Myers Field, MN. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, is amended as follows: *Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.* AGL MN E5 Canby, MN Myers Field, MN (Lat. 44°43′41″ N., long. 96°15′45″ W.) That airspace extending upward from 700 feet above the surface within a 7.4-mile radius of Myers Field and within 4 miles each side of the 301° bearing from the airport extending from the 7.4-mile radius to 10.3 miles northwest of the airport. Issued in Fort Worth, TX, on April 27, 2007. Donald R. Smith, Manager, System Support Group, ATO Central Service Area. [FR Doc. 07-2373 Filed 5-15-07; 8:45 am]

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