Notices. Final rule

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BILLING CODE 4410-09-P DEPARTMENT OF STATE 22 CFR Part 126 [Public Notice: 5801] Amendment of the International Traffic in Arms Regulations: Policy With Respect to Somalia AGENCY: Department of State. ACTION: Final rule. SUMMARY: Notice is hereby given that the Department of State is amending the International Traffic in Arms Regulations

(ITAR)regarding Somalia at 22 CFR 126.1 to make it United States policy to consider on a case-by-case basis licenses, or other approvals, for exports of defense articles and defense services destined for Somalia that conform to the provisions of United Nations Security Council resolution 1744, which amends United Nations Security Council resolution 733. The United States will deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Somalia that do not conform to the provisions of the resolution. EFFECTIVE DATE: This rule is effective upon publication of this **Federal Register** Notice. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: • *E-mail: DDTCResponseTeam@state.gov* with an appropriate subject line. • *Mail:* Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, 12th Floor, SA-1, Washington, DC 20522-0112. • *Fax:* 202-261-8199. • *Hand Delivery or Courier (regular work hours only):* Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTENTION: Regulatory Change, SA-1, 12th Floor, 2401 E Street, NW., Washington, DC 20037. Persons with access to the Internet may also view this notice by going to the regulations.gov Web site at: *http://www.regulations.gov/index.cfm.* FOR FURTHER INFORMATION CONTACT: Ann K. Ganzer, Office of Defense Trade Controls Policy, Department of State, 12th Floor, SA-1, Washington, DC 20522-0112; Telephone 202-663-2792 or FAX 202-261-8199; e-mail: *DDTCResponseTeam@state.gov.* ATTN: Regulatory Change. SUPPLEMENTARY INFORMATION: On February 20, 2007, the United Nations Security Council

(UNSC)adopted resolution 1744 which, *inter alia,* amends the complete embargo on weapons and military equipment imposed by UNSC resolution (UNSCR) 733 (1992). In resolution 1744, the UNSC decided that the embargo shall no longer apply to the export to Somalia of weapons and military equipment, technical training, and assistance when intended solely for either of two purposes:

(1)Support for the African Union Mission to Somalia (AMISOM), an effort to establish an initial stabilization phase in Somalia, and

(2)support for the purpose of helping develop security sector institutions in Somalia that further the objectives of peace, stability and reconciliation in Somalia. Proposed exports for the latter purpose will require advance notification by the United States Government to the UN Somalia Sanctions Committee and the absence of a negative decision by that Committee. In addition, exemptions from licensing requirements may not be used with respect to exports to Somalia without prior written authorization by the Directorate of Defense Trade Controls. To implement this new policy the ITAR is amended in the following manner: the specific reference to Somalia in 126.1(a) is removed, and all relevant information pertaining to Somalia is set forth in a new paragraph

(m)in Section 126.1. Regulatory Analysis and Notices Administrative Procedure Act This amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures required by 5 U.S.C. 553 and 554. Regulatory Flexibility Act This rule does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Act of 1995 This rule does not require analysis under the Unfunded Mandates Reform Act. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. It will not have substantial direct effects on the States, the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Orders 12372 and 13132 It is determined that this rule does not have sufficient federalism implications to warrant application of the consultation provisions of Executive Orders 12372 and 13132. Executive Order 12866 This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects 22 CFR Part 126 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 126 is amended as follows: 1. The authority citation for part 126 continues to read as follows: Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; Sec.1225, Pub. L. 108-375. 2. Section 126.1 is amended by revising paragraph

(a)to read as follows and adding paragraph (m): § 126.1 Prohibited exports and sales to certain countries.

(a)*General.* It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. This policy applies to Belarus, Cuba, Iran, North Korea, Syria, and Venezuela. This policy also applies to countries with respect to which the United States maintains an arms embargo ( *e.g.* , Burma, China, Liberia, and Sudan) or whenever an export would not otherwise be in furtherance of world peace and the security and foreign policy of the United States. Information regarding certain other embargoes appears elsewhere in this section. Comprehensive arms embargoes are normally the subject of a State Department notice published in the **Federal Register** . The exemptions provided in the regulations in this subchapter, except § 123.17 of this subchapter, do not apply with respect to articles originating in or for export to any proscribed countries, areas, or persons in this § 126.1.

(m)*Somalia.* It is the policy of the United Sates to deny licenses, or other approvals, for exports or imports of defense articles and defense services destined for or originating in Somalia. A denial policy will remain for exports or imports of defense articles and defense services destined for or originating in Somalia except, on a case-by-case basis, for defense articles and defense services intended solely for:

(1)Support for the African Union Mission to Somalia (AMISOM), and

(2)Support for the purpose of helping develop security sector institutions in Somalia that further the objectives of peace, stability and reconciliation in Somalia, after advance notification of the proposed export by the United States Government to the UN Somalia Sanctions Committee and the absence of a negative decision by that committee. Exemptions from the licensing requirement may not be used with respect to any export to Somalia unless specifically authorized in writing by the Directorate of Defense Trade Controls. Dated: April 27, 2007. Stephen D. Mull, Acting Assistant Secretary for Political-Military Affairs, Department of State. [FR Doc. E7-9860 Filed 5-21-07; 8:45 am] BILLING CODE 4710-25-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9325] RIN 1545-BD23 Distributions From a Pension Plan Upon Attainment of Normal Retirement Age AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations under sections 401(a) and 411(d)(6) of the Internal Revenue Code. These regulations provide rules permitting distributions to be made from a pension plan upon the attainment of normal retirement age prior to a participant's severance from employment with the employer maintaining the plan. These regulations provide the public with guidance regarding distributions from qualified pension plans and will affect administrators of, and participants in, such plans. DATES: *Effective Date:* These regulations are effective May 22, 2007. *Applicability Dates:* These regulations are generally applicable May 22, 2007. For dates of applicability, see §§ 1.401(a)-1(b)(4) and 1.411(d)-4, A-12(a). FOR FURTHER INFORMATION CONTACT: Cathy A. Vohs at

(202)622-6090 or Janet A. Laufer at

(202)622-6080 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background Section 401(a) sets forth the qualification requirements for a trust forming part of a stock bonus, pension, or profit-sharing plan of an employer. Several of these qualification requirements are based on a plan's normal retirement age. Section 411(a)(8) defines the term “normal retirement age” as the earlier of

(a)the time a participant attains normal retirement age under the plan or

(b)the later of the time a plan participant attains age 65 or the 5th anniversary of the time a plan participant commenced participation in the plan. The definition of normal retirement age is important in applying the rules under section 411(b) which are designed to preclude avoidance of the minimum vesting standards through the backloading of benefits (for example, a benefit formula under which the rate of benefit accrual is increased disproportionately for employees with longer service) because those rules are based on the benefit payable at normal retirement age. Normal retirement age is also relevant for applying the rules relating to suspension of benefits under section 411(a)(3)(B) and the rules under section 411(b)(1)(H)(iii) that permit a plan to offset accruals after normal retirement age by either the actuarial value of distributions made after normal retirement age or the actuarial value of increases in the benefits due to delay in payment. Normal retirement age is also used in determining the minimum benefit for non-key employees in the case of a top-heavy defined benefit plan. See section 416(c)(1)(A) and (E). Also, the vesting requirements of sections 401(a)(7) and 411 are based upon normal retirement age. Section 411(d)(6) generally prohibits a qualified plan from being amended to reduce a participant's accrued benefit and, for this purpose, an elimination or reduction of an early retirement benefit or a retirement-type subsidy, or an elimination of an optional form of benefit, is treated as a reduction in the accrued benefit. The Secretary has the authority under section 411(d)(6) to allow amendments that eliminate an optional form of benefit. Section 401(a) permits three types of plans to qualify under section 401(a): Stock bonus, pension, and profit-sharing plans. Section 1.401-1(a)(2)(i) and (b)(1)(i) of the Income Tax Regulations interprets what it means to be a “pension plan,” and has done so since the publication of those regulations as TD 6203 (1956-2 CB 219) (see § 601.601(d)(2)(ii)(b)). These regulations (the 1956 regulations) provide that a qualified plan under section 401(a) is a program and arrangement which is established and maintained by an employer “in the case of a pension plan, to provide for the livelihood of the employees or their beneficiaries after the retirement of such employees through the payment of benefits determined without regard to profits.” 1 The 1956 regulations defining a qualified pension plan further provide that a pension plan must be “a plan established and maintained by an employer primarily to provide systematically for the payment of definitely determinable benefits to his employees over a period of years, usually for life, after retirement.” 1 This rule is limited to a pension plan, which is either a defined benefit plan or a defined contribution plan that is not a stock bonus or profit-sharing plan (generally referred to as a money purchase pension plan). Other rules apply to stock bonus plans and profit-sharing plans. Following the enactment of the Employee Retirement Income Security Act of 1974 (ERISA), 93 Public Law 406 (88 Stat. 829), the regulations under section 401(a) were modified to provide that the 1956 regulations continued to apply, except as otherwise provided. See § 1.401(a)-1(b)(1)(i) and (ii). Accordingly, a pension plan is generally not permitted to pay benefits before retirement. See also Rev. Rul. 56-693 (1956-2 CB 282), as modified by Rev. Rul. 60-323 (1960-2 CB 148) (see § 601.601(d)(2)(ii)(b)). Rev. Rul. 71-24 (1971-1 CB 114) (see § 601.601(d)(2)(ii)( *b* )) provides guidance for the treatment of benefits under a pension plan for employees who continue employment after normal retirement age. Rev. Rul. 71-24 includes an example that indicates that benefits are permitted to commence during employment after normal retirement age. Rev. Rul. 71-147 (1971-1 CB 116) (see § 601.601(d)(2)(ii)( *b* )) provides that the normal retirement age in a pension or annuity plan is generally the lowest age specified in the plan at which the employee has the right to retire without the consent of the employer and receive retirement benefits based on the amount of the employee's service on the date of retirement at the full rate set forth in the plan (that is, without actuarial or similar reduction because of retirement before some later specified age). While ordinarily the normal retirement age under pension and annuity plans is age 65, Rev. Rul. 71-147 permitted a different age to be specified, but an age lower than 65 was permitted only if the age represented the age at which employees customarily retire in the particular company or industry, and was not a device to accelerate funding. Following the enactment of section 411(a)(8) (defining normal retirement age as described earlier in this preamble) under ERISA, Rev. Rul. 71-147 was modified by Rev. Rul. 78-120 (1978-1 CB 117) (see § 601.601(d)(2)(ii)( *b* )). Under Rev. Rul. 78-120, for purposes of section 411, a pension plan is permitted to have a normal retirement age lower than age 65, regardless of the age at which employees customarily retire in the particular company or industry. Section 401(a)(36), added by section 905(b) of the Pension Protection Act of 2006, Public Law 109-280 (120 Stat. 780) (PPA '06), provides that a trust forming part of a pension plan is not treated as failing to constitute a qualified trust under section 401(a) solely because the plan provides that a distribution may be made from such trust to an employee who has attained age 62 and who is not separated from employment at the time of such distribution. Section 401(a)(36) applies to distributions in plan years beginning after December 31, 2006. On November 10, 2004, a notice of proposed rulemaking (REG-114726-04) under section 401 was published in the **Federal Register** (69 FR 65108) (the proposed regulations). The proposed regulations would have allowed in-service distributions after normal retirement age, but would not have permitted a normal retirement age to be set so low as to be a subterfuge to avoid qualification requirements. The proposed regulations would also have permitted in-service distributions before normal retirement age under a bona fide phased retirement program. On March 14, 2005, the IRS held a public hearing on the proposed regulations. Written comments responding to the notice of proposed rulemaking were also received. In light of the enactment of section 401(a)(36) by PPA '06, only portions of the proposed regulations are being finalized at this time. The IRS recently issued a notice requesting comments as to whether the portions of the proposed regulations relating to in-service distributions pursuant to a bona fide phased retirement program should be finalized. See Notice 2007-8 (2007-3 IRB 276) (see § 601.601(d)(2)(ii)( *b* )). The portions of the proposed regulations relating to normal retirement age and in-service distribution upon attainment of normal retirement age are being finalized by this Treasury Decision. The significant revisions to the proposed regulations are discussed in this preamble. Explanation of Provisions and Summary of Comments I. Overview This Treasury Decision modifies existing regulations, including the regulations at § 1.401(a)-1 which generally require a pension plan to be maintained primarily to provide systematically for the payment of definitely determinable benefits after retirement. These regulations provide two exceptions to this rule. First, they clarify that a pension plan is permitted to commence payment of retirement benefits to a participant after the participant has attained normal retirement age. The regulations also provide rules on how low a plan's normal retirement age is permitted to be and include a related exception to the anti-cutback rules of section 411(d)(6) to allow conforming amendments during a transitional period. Second, the regulations reflect the provisions of new section 401(a)(36). II. Normal Retirement Age A. In General These regulations adopt the rule of the proposed regulations under which a pension plan (a defined benefit plan or money purchase pension plan) is permitted to pay benefits upon an employee's attainment of normal retirement age, even if the employee has not yet had a severance from employment with the employer maintaining the plan. Comments generally supported the inclusion of this rule as reflecting existing practice among some pension plans, based on an example in Rev. Rul. 71-24. These regulations also include rules restricting a plan's normal retirement age. The proposed regulations would have provided that a plan's normal retirement age could not be set so low as to be a subterfuge to avoid the requirements of section 401(a), and, accordingly, normal retirement age could not be earlier than the earliest age that is reasonably representative of a typical retirement age for the covered workforce. 2 Some comments expressed concern about the specifics of this rule, including concern about how it might be applied in various circumstances, and suggested that the regulations contain a safe harbor for which there would be no need for a demonstration of the typical retirement age for the covered workforce. 2 The preamble to the proposed regulations noted that, while a low normal retirement age may have a significant cost effect on a traditional defined benefit plan, this effect is not as significant for defined contribution plans or for certain hybrid defined benefit plans. These final regulations modify the proposed regulations to replace the subterfuge standard with a requirement that the normal retirement age under a plan be an age that is not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. To address comments about the need for a safe harbor age, these regulations provide that a normal retirement age of at least age 62 is deemed to be not earlier than the typical retirement age for the industry in which the covered workforce is employed. Thus, a plan satisfies this safe harbor if its normal retirement age is age 62, or if its normal retirement age is the later of age 62 or another specified date, such as the later of age 62 or the fifth anniversary of plan participation. However, a plan that is subject to section 411 cannot provide for a normal retirement age that is later than the later of the time the participant attains age 65 or the fifth anniversary of the time the participant commenced participation in the plan. See section 411(a)(8)(B). If a plan's normal retirement age is earlier than age 62, the determination of whether the age is not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed is based on all of the relevant facts and circumstances. If the normal retirement age is between ages 55 and 62, then it is generally expected that a good faith determination of the typical retirement age for the industry in which the covered workforce is employed that is made by the employer (or, in the case of a multiemployer plan, made by the trustees) will be given deference, assuming that the determination is reasonable under the facts and circumstances. However, a normal retirement age that is lower than age 55 is presumed to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry of the relevant covered workforce absent facts and circumstances that demonstrate otherwise to the Commissioner. In the case of a plan where substantially all of the participants in the plan are qualified public safety employees (within the meaning of section 72(t)(10)(B), as added by section 828 of PPA ’06), a normal retirement age of age 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. Under section 72(t)(10)(B), a qualified public safety employee means any employee of a State or political subdivision of a State who provides police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. B. Section 411(d)(6) Relief These regulations include an amendment to the existing regulations under section 411(d)(6) to permit a plan to be amended during a transition period to conform to the rules concerning normal retirement age. Thus, a plan amendment that changes the normal retirement age under the plan to a later normal retirement age (pursuant to these regulations) does not violate section 411(d)(6) merely because the amendment eliminates a right to an in-service distribution prior to the amended normal retirement age. However, this rule does not provide any other relief. For example, this rule does not permit the amendment to reduce benefits in some other manner that fails to satisfy section 411(d)(6). Neither does the rule provide relief under section 411(a)(9) (requiring that the normal retirement benefit not be less than the greater of any early retirement benefit payable under the plan or the benefit under the plan commencing at normal retirement age), section 411(a)(10) (if the amendment changes the plan's vesting rules), or section 4980F (or section 204(h), the parallel provision of ERISA) (relating to amendments that reduce the rate of future benefit accrual). See also Rev. Rul. 81-210 (1981-2 CB 89) (see § 601.601(d)(2)(ii)( *b* )). An example is included to illustrate this rule. Effective Dates These regulations are generally applicable May 22, 2007. In the case of a governmental plan (as defined in section 414(d)), these regulations apply with respect to plan years beginning on or after January 1, 2009. In the case of a plan maintained pursuant to one or more collective bargaining agreements that have been ratified and are in effect on May 22, 2007, these regulations do not apply before the first plan year that begins after the last of the agreements terminates determined without regard to any extension thereof (or, if earlier, May 24, 2010. A provision of a plan that results in the failure of the plan to satisfy § 1.401(a)-1(b)(2) or

(3)is a disqualifying provision described in § 1.401(b)-1(b)(3)(i). Therefore, the remedial amendment period rules of § 1.401(b)-1 apply. For example, in the case of a plan with a calendar plan year that is maintained by an employer with a calendar taxable year (and the plan is not a governmental plan and is not maintained pursuant to a collective bargaining agreement), the plan's remedial amendment period with respect to § 1.401(a)-1(b)(2) and

(3)ends on the date prescribed by law for the filing of the employer's income tax return (including extensions) for the 2007 taxable year. In the case of a plan amendment that increases the plan's normal retirement age pursuant to this regulation, the amendment may also eliminate a right to an in-service distribution prior to the normal retirement age under the plan as amended without violating section 411(d)(6) if the amendment is adopted after May 22, 2007 and on or before the last day of the applicable remedial amendment period under § 1.401(b)-1 with respect to the requirements of § 1.401(a)-1(b)(2) and (3). For purposes of section 1107 of PPA '06, such an amendment is not made pursuant to PPA '06 and is not made pursuant to any regulation issued under PPA '06. Special Analyses It has been determined that this Treasury Decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information requirement upon small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking preceding these regulations was submitted to the Small Business Administration for comment on its impact on small business. Drafting Information The principal authors of these regulations are Christopher A. Crouch (formerly of the Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities)), Cathy A. Vohs and Janet A. Laufer of the Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1** . The authority citation for part 1 is amended by adding an entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.401(a)-1 also issued under 26 U.S.C. 401. * * * **Par. 2** . Section 1.401(a)-1 is amended by: 1. Revising paragraph (b)(1)(i). 2. Adding paragraphs (b)(2), (b)(3), and (b)(4). The additions and revision read as follows: § 1.401(a)-1 Post-ERISA qualified plans and qualified trusts; in general.

(b)* * *

(1)* * *

(i)In order for a pension plan to be a qualified plan under section 401(a), the plan must be established and maintained by an employer primarily to provide systematically for the payment of definitely determinable benefits to its employees over a period of years, usually for life, after retirement or attainment of normal retirement age (subject to paragraph (b)(2) of this section). A plan does not fail to satisfy this paragraph (b)(1)(i) merely because the plan provides, in accordance with section 401(a)(36), that a distribution may be made from the plan to an employee who has attained age 62 and who is not separated from employment at the time of such distribution.

(2)*Normal retirement age* —(i) *General rule.* The normal retirement age under a plan must be an age that is not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.

(ii)*Age 62 safe harbor.* A normal retirement age under a plan that is age 62 or later is deemed to be not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.

(iii)*Age 55 to age 62.* In the case of a normal retirement age that is not earlier than age 55 and is earlier than age 62, whether the age is not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed is based on all of the relevant facts and circumstances.

(iv)*Under age 55.* A normal retirement age that is lower than age 55 is presumed to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed, unless the Commissioner determines that under the facts and circumstances the normal retirement age is not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.

(v)*Age 50 safe harbor for qualified public safety employees.* A normal retirement age under a plan that is age 50 or later is deemed to be not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed if substantially all of the participants in the plan are qualified public safety employees (within the meaning of section 72(t)(10)(B)).

(3)*Benefit distribution prior to retirement.* For purposes of paragraph (b)(1)(i) of this section, retirement does not include a mere reduction in the number of hours that an employee works. Accordingly, benefits may not be distributed prior to normal retirement age solely due to a reduction in the number of hours that an employee works.

(4)*Effective date.* Except as otherwise provided in this paragraph (b)(4), paragraphs (b)(2) and

(3)of this section are effective May 22, 2007. In the case of a governmental plan (as defined in section 414(d)), paragraphs (b)(2) and

(3)of this section are effective for plan years beginning on or after January 1, 2009. In the case of a plan maintained pursuant to one or more collective bargaining agreements that have been ratified and are in effect on May 22, 2007, paragraphs (b)(2) and

(3)of this section do not apply before the first plan year that begins after the last of such agreements terminate determined without regard to any extension thereof (or, if earlier, May 24, 2010. See § 1.411(d)-4, A-12, for a special transition rule in the case of a plan amendment that increases a plan's normal retirement age pursuant to paragraph (b)(2) of this section. **Par. 3** . Section 1.411(d)-4 is amended by adding Q&A-12 as follows: § 1.411(d)-4 Section 411(d)(6) protected benefits. Q-12. Is there a transition period during which a plan is permitted to eliminate a right to in-service distributions in connection with an amendment to ensure that the plan's normal retirement age satisfies the requirements of § 1.401(a)-1(b)(2)? A-12.

(a)*In general.* A plan amendment that changes the normal retirement age under the plan to a later normal retirement age pursuant to § 1.401(a)-1(b)(2) does not violate section 411(d)(6) merely because it eliminates a right to an in-service distribution prior to the amended normal retirement age. However, this paragraph does not provide relief from any other applicable requirements; for example, this relief does not permit the amendment to violate section 411(a)(9) (requiring that the normal retirement benefit not be less than the greater of any early retirement benefit payable under the plan or the benefit under the plan commencing at normal retirement age), section 411(a)(10) (if the amendment changes the plan's vesting rules), section 411(d)(6) (other than elimination of the right to an in-service distribution prior to the amended normal retirement age), or section 4980F (relating to an amendment that reduces the rate of future benefit accrual). This paragraph only applies to a plan amendment that is adopted after May 22, 2007 and on or before the last day of the applicable remedial amendment period under § 1.401(b)-1 with respect to the requirements of § 1.401(a)-1(b)(2) and (3).

(b)*Example.* The following example illustrates the application of this section:

(i)*Facts.*

(A)Plan A is a defined benefit plan intended to be qualified under section 401(a). Plan A is maintained by a calendar year taxpayer and has a normal retirement age that is age 45. For employees who cease employment before normal retirement age with a vested benefit, Plan A permits benefits to commence at any date after the attainment of normal retirement age through attainment of age 70 1/2 and provides for benefits to be actuarially increased to the extent they commence after normal retirement age. For employees who continue employment after attainment of normal retirement age, Plan A provides for benefits to continue to accrue and permits benefits to commence at any time, with an actuarial increase in benefits to apply to the extent benefits do not commence after normal retirement age. Age 45 is an age that is earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.

(B)On February 18, 2008, Plan A is amended, effective May 22, 2007, to change its normal retirement age to the later of age 65 or the fifth anniversary of participation in the plan. The amendment provides full vesting for any participating employee who is employed on May 21, 2007, and who terminates employment on or after attaining age 45. The amendment provides employees who cease employment before the revised normal retirement age and who are entitled to a vested benefit with the right to be able to commence benefits at any date from age 45 to age 70 1/2 . The plan amendment also revises the plan's benefit accrual formula so that the benefit for prior service (payable commencing at the revised normal retirement age or any other age after age 45) is not less than would have applied under the plan's formula before the amendment (also payable commencing at the corresponding dates), based on the benefit accrued on May 21, 2007, and provides for service thereafter to have the same rate of future benefit accrual. Thus, for any participant employed on May 21, 2007, with respect to benefits accrued for service after May 21, 2007, the amount payable under the plan (as amended) at any benefit commencement date after age 45 is the same amount that would have been payable at that benefit commencement date under the plan prior to amendment. The plan amendment also eliminates the right to an in-service distribution between age 45 and the revised normal retirement age. Plan A has been operated since May 22, 2007, in conformity with the amendment adopted on February 18, 2008.

(ii)*Conclusion.* The plan amendment does not violate section 411(d)(6). Although the amendment eliminates the right to commence benefits in-service between age 45 and the revised normal retirement age, the amendment is made before the last day of the remedial amendment period applicable to the plan under § 1.401(b)-1 with respect to the requirements of § 1.401(a)-1(b)(2) and (3), and therefore the amendment is permitted under paragraph

(a)of this A-12. Further, the amendment does not result in a reduction in any benefit for service after May 22, 2007. Thus, the amendment does not result in a reduction in any benefit for future service, and advance notice of a significant reduction in the rate of future benefit accrual is not required under section 4980F. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Approved: May 9, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-9643 Filed 5-21-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05-07-020] RIN 1625-AA08 Special Local Regulations for Marine Events; Delaware River, Delaware City, DE AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing temporary special local regulations during the “7th Annual Escape from Fort Delaware Triathlon”, an event to be held June 9, 2007 on the waters of Delaware River at Delaware City, DE. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action will temporarily restrict vessel traffic in a portion of the Delaware River during the 7th Annual Escape from Fort Delaware Triathlon. DATES: This rule is effective from 5:30 a.m. to 10:30 a.m. on June 9, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket (CGD05-07-020) and are available for inspection or copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: D.M. Sens, Project Manager, Compliance and Inspection Branch, at

(757)398-6204. SUPPLEMENTARY INFORMATION: Regulatory Information On March 21, 2007, we published a Notice of proposed rulemaking

(NPRM)entitled Special Local Regulations for Marine Events; Delaware River, Delaware City, DE in the **Federal Register** (72 FR 13221). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Delaying the effective date would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, support craft and other vessels transiting the event area. However, advance notifications will be made to affected waterway users via marine information broadcasts, area newspapers and local radio stations. Background and Purpose On June 9, 2007, the Escape from Fort Delaware Triathlon, Inc. will sponsor the “7th Annual Escape from Fort Delaware Triathlon”. The swimming segment of the event will consist of approximately 500 swimmers competing across a one mile course along the Delaware River between Pea Patch Island and Delaware City, Delaware. The competition will begin at Pea Patch Island. The participants will swim across to the finish line located at the Delaware City Wharf, swimming approximately one mile, across Bulkhead Shoal Channel. Approximately 20 support vessels will accompany the swimmers. Due to the need for vessel control during the swimming event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, support craft and other transiting vessels. Discussion of Comments and Changes The Coast Guard did not receive comments in response to the Notice of proposed rulemaking

(NPRM)published in the **Federal Register** . Accordingly, the Coast Guard is establishing temporary special local regulations on specified waters of the Delaware River, near Delaware City, DE. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. Although this regulation restricts vessel traffic from transiting a portion of the Delaware River during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via marine information broadcasts, area newspapers and radio stations so mariners can adjust their plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit this section of the Delaware River during the event. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for only a short period, from 5:30 a.m. to 10:30 a.m. on June 9, 2007. Vessels desiring to transit the event area will be able to transit the regulated area at slow speed as the swim progresses, when the Coast Guard Patrol Commander determines it is safe to do so. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the address listed under ADDRESSES . The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine event permit are specifically excluded from further analysis and documentation under those sections. Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add temporary § 100.35-T05-020 to read as follows: § 100.35-T05-020 Delaware River, Delaware City, DE.

(a)*Regulated area.* The regulated area includes all waters of the Delaware River within 500 yards either side of a line drawn southwesterly from a point near the shoreline at Pea Patch Island, at latitude 39°35′08″ N, 075°34′18″ W, thence to latitude 39°34′43.6″ N, 075°35′13″ W, a position located near the Delaware City Wharf, Delaware City, DE. All coordinates reference Datum NAD 1983.

(b)*Definitions.*

(1)Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Delaware Bay.

(2)Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Delaware Bay with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.

(c)*Special local regulations.*

(1)Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area.

(2)The operator of any vessel in the regulated area shall:

(i)Stop the vessel immediately when directed to do so by any Official Patrol.

(ii)Proceed as directed by any Official Patrol.

(d)*Enforcement period.* This section will be enforced from 5:30 a.m. to 10:30 a.m. on June 9, 2007. Dated: May 12, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7-9777 Filed 5-21-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-047] Drawbridge Operation Regulations; Pequonnock River, Bridgeport, CT AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Stratford Avenue Bridge across the Pequonnock River, mile 0.1, at Bridgeport, Connecticut. Under this temporary deviation, in effect from May 29, 2007 through September 17, 2007, the Stratford Avenue Bridge may remain in the closed position, except for scheduled daily bridge openings. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from May 29, 2007 through September 17, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is

(212)668-7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at

(212)668-7195. SUPPLEMENTARY INFORMATION: The Stratford Avenue Bridge, across the Pequonnock River, mile 0.1, at Bridgeport, Connecticut, has a vertical clearance in the closed position of 8 feet at mean high water and 14 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.219(b). The owner of the bridge, Connecticut Department of Transportation, requested a temporary deviation to facilitate bridge deck replacement. The bridge will not be able to open while the bridge deck removal is underway and until it is rebalanced. Under this temporary deviation the Stratford Avenue Bridge shall operate as follows: From May 29, 2007 through July 19, 2007, Monday through Saturday, the bridge may remain in the closed position, except that, the bridge shall open on signal from 6 a.m. to 7 a.m. and from 4 p.m. to 7 p.m. The bridge shall open on signal all day on Sundays, and on Wednesday, July 4, 2007. From July 20, 2007 through September 17, 2007, Monday through Saturday, the bridge may remain in the closed position, except that, the bridge shall open on signal from 6 a.m. to 7 a.m., and from 4 p.m. to 7 p.m., and, from 7 p.m. to 6 a.m., the bridge shall open on signal after at least a two-hour advance notice is given by calling

(203)579-6204. The bridge shall open on signal all day on Sundays, and the Labor Day weekend (September 1, 2, and 3, 2007.) In accordance with 33 CFR 117.35(e), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will cancel the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 11, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-9693 Filed 5-21-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 6 [Docket No. PTO-T-2007-0004] RIN 0651-AC10 International Trademark Classification Changes AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (Office) issues a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes became effective January 1, 2007, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed., 2006), which is published by the World Intellectual Property Organization (WIPO). In addition, the Office is amending some punctuation and spelling in certain wording so the wording conforms to what appears in the Nice Agreement. DATES: This final rule is effective May 22, 2007. FOR FURTHER INFORMATION CONTACT: Jessie Roberts, Office of the Commissioner for Trademarks, by telephone at

(571)272-9574; by facsimile transmission addressed to her at

(571)273-9574; by e-mail addressed to her at *Jessie.Roberts@USPTO.gov;* or by mail marked to her attention and addressed to the Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451. SUPPLEMENTARY INFORMATION: Discussion of Specific Rule Changed The Office is revising § 6.1 to incorporate classification changes and modifications that became effective January 1, 2007, or in earlier revisions of the Nice Agreement, as listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed., 2006), published by WIPO. In addition, the Office is revising the punctuation and spelling of certain wording so that it will conform to what appears in the Nice Agreement. These revisions have been incorporated into the Nice Agreement. As a signatory to the Nice Agreement, the United States adopts these revisions pursuant to Article 1. The following changes are noted: Class 4 is amended to change “wicks” to “wicks for lighting.” Class 5 is amended to change “pharmaceutical, veterinary, and sanitary preparations” to “pharmaceutical and veterinary preparations; sanitary preparations for medical purposes;” Class 9 is amended to delete “electric” after “surveying;” and to add “apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity;” before “apparatus for recording.” Class 16 is amended to delete “playing cards.” Playing cards are classified in Class 28. Class 21 is amended to delete “(not of precious metal or coated therewith)” after “Household or kitchen utensils and containers.” Class 29 is amended to add “frozen” before “dried;” to delete “fruit sauces” and replace it with “compotes.” Class 42 is amended to delete “Legal services.” Class 45 is amended to add “Legal services” and to reorder the manner in which the services are listed in the class. Rule Making Requirements *Administrative Procedure Act:* The amendments in this final rule are procedural in nature as they only reorganize the international classifications of goods and services and modify the form of the wording. The reorganization and modification have been established by the Committee of Experts of the Nice Union and have been promulgated in the volume entitled International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed. 2006). Therefore, prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553(b)(A), or any other law. Furthermore, pursuant to 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are unnecessary since the amendments are required by the Nice Agreement, to which the United States is a signatory. *Regulatory Flexibility Act:* As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 (or any other law), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. *Executive Order 13132:* This final rule does not contain policies with federalism implications, as that term is defined in Executive Order 13132 (August 4, 1999). *Executive Order 12866:* This final rule has been determined to be not significant for purposes of Executive Order 12866 (September 30, 1993). *Paperwork Reduction Act:* This final rule does not involve information collection requirements which are subject to review by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 37 CFR Part 6 Trademarks. For the reasons given in the preamble and under the authority contained in 35 U.S.C. 2 and 15 U.S.C. 1112 and 1123, as amended, the United States Patent and Trademark Office is amending part 6 of title 37 as follows: PART 6—CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT 1. The authority citation for part 6 continues to read as follows: Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise noted. 2. Revise § 6.1 to read as follows: § 6.1 International schedule of classes of goods and services. Goods 1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. 3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. 5. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. 8. Hand tools and implements (hand-operated); cutlery; side arms; razors. 9. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. 12. Vehicles; apparatus for locomotion by land, air or water. 13. Firearms; ammunition and projectiles; explosives; fireworks. 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. 15. Musical instruments. 16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. 17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. 19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. 20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. 21. Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. 23. Yarns and threads, for textile use. 24. Textiles and textile goods, not included in other classes; bed and table covers. 25. Clothing, footwear, headgear. 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). 28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. 29. Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. 33. Alcoholic beverages (except beers). 34. Tobacco; smokers' articles; matches. Services 35. Advertising; business management; business administration; office functions. 36. Insurance; financial affairs; monetary affairs; real estate affairs. 37. Building construction; repair; installation services. 38. Telecommunications. 39. Transport; packaging and storage of goods; travel arrangement. 40. Treatment of materials. 41. Education; providing of training; entertainment; sporting and cultural activities. 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. 43. Services for providing food and drink; temporary accommodation. 44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Dated: May 16, 2007. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property, and Director of the United States Patent and Trademark Office. [FR Doc. E7-9764 Filed 5-21-07; 8:45 am] BILLING CODE 3510-16-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 50 [EPA-HQ-OAR-2005-0159; FRL-8316-5] RIN 2060-AN40 Final Rule on the Treatment of Data Influenced by Exceptional Events; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Correcting Amendments. SUMMARY: The EPA issued a final rule on March 22, 2007, entitled “Treatment of Data Influenced by Exceptional Events.” The rule governs the review and handling of air quality monitoring data determined to be influenced by exceptional events. This document makes minor corrections to language contained in the regulatory text for the rule. EFFECTIVE DATE: This document is effective on May 22, 2007. FOR FURTHER INFORMATION CONTACT: For questions regarding these corrections, contact Mr. Larry Wallace, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Mail Code C539-02, Research Triangle Park, NC 27711, phone number

(919)541-0906 or by e-mail at: *wallace.larry@epa.gov* . SUPPLEMENTARY INFORMATION: Background The EPA issued the final rule on “The Treatment of Data Influenced by Exceptional Events” on March 22, 2007, 72 FR 13560. Need for Correction As published, the final regulations contain errors which may prove to be misleading and are in need of clarification. EPA finds that there is good cause to make these corrections without providing for notice and comment, and for making these corrections effective immediately upon publication, because neither notice or comment, nor a delayed effective date, is necessary and would not be in the public interest due to the nature of the corrections which are minor, technical, and non-controversial. The final action, without notice and comment, and the immediate effective date for this action is authorized under 5 U.S.C. 553(d)(3)(B) and 553(d)(3) which allows an effective date less than 30 days after publication if “as otherwise provided by the agency for cause found and published with the rule.” As indicated above, the final rule on Exceptional Events was published after notice and comment on March 22, 2007 and becomes effective on May 21, 2007, 60 days from publication. Thus, additional notice and comment for these minor technical corrections is unnecessary under 5 U.S.C. 553(b)(3)(B) and EPA finds that good cause exists for these corrections to become effective immediately. Corrections of Rule In the final rule for “The Treatment of Data Influenced by Exceptional Events”, 72 FR 13560, March 22, 2007, correction is being made to the regulatory text of the rule beginning at 40 CFR 50.14(c) and to the title of 40 CFR part 51. This action makes a correction under the section entitled “Treatment of air quality monitoring data influenced by exceptional events.” Under § 50.14(c)(2) entitled “Schedules and procedures”, “Flagging of data”, change subsection

(i)to remove the reference to 40 CFR 58.16 and to read as follows:

(i)A State shall notify EPA of its intent to exclude one or more measured exceedances of an applicable ambient air quality standard as being due to an exceptional event by placing a flag in the appropriate field for the data record of concern which has been submitted to the AQS database. The final correction being made to the rule begins on page 13581, column two. Change the title of the section to read as follows: PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS” Dated: May 15, 2007. Stephen L. Johnson, Administrator. In consideration of the foregoing, the Environmental Protection Agency amends 40 CFR parts 50 and 51 as follows: PART 50—NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS 1. The authority citation for part 50 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 2. Section 50.14 (c)(2)(i) is revised to read as follows: § 50.14 Treatment of air quality monitoring data influenced by exceptional events.

(c)* * *

(2)Flagging of data.

(i)A State shall notify EPA of its intent to exclude one or more measured exceedances of an applicable ambient air quality standard as being due to an exceptional event by placing a flag in the appropriate field for the data record of concern which has been submitted to the AQS database. PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS 3. The authority citation for part 50 continues to read as follows: Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671Q. 4. The heading for part 51 is revised to read as set forth above. [FR Doc. E7-9892 Filed 5-21-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Modified Base (1% annual-chance) Flood Elevations

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

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

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

(90)days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act* . This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act* . As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification* . This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism* . This final rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform* . This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Arizona: Coconino (FEMA Docket No.: B-7467) City of Flagstaff (05-09-1103P) December 8, 2005; December 15, 2005; *Arizona Daily Sun* The Honorable Joseph C. Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001 March 16, 2006 040020 Greenlee (FEMA Docket No.: B-7474) Town of Clifton (06-09-B068P) October 25, 2006; November 1, 2006; *The Copper Era* The Honorable David McCullar, Mayor, Town of Clifton, P.O. Box 1415, Clifton, AZ 85533 September 29, 2006 040035 Maricopa (FEMA Docket No.: B-7467) Town of Gilbert (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Steve M. Berman, Mayor, Town of Gilbert, 50 West Civic Center Drive, Gilbert, Arizona 85296 August 19, 2006 040044 Maricopa (FEMA Docket No.: B-7467) City of Phoenix (06-09-B520P) April 27, 2006; May 4, 2006; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 April 17, 2006 040051 Maricopa (FEMA Docket No.: B-7467) Town of Queen Creek (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Wendy Feldman-Kerr, Mayor, Town of Queen Creek, 22350 South Ellsworth Road, Queen Creek, AZ 85242 August 19, 2006 040132 Maricopa (FEMA Docket No.: B-7467) Unincorporated areas of Maricopa County (05-09-0394P) May 18, 2006; May 25, 2006; *Arizona Business Gazette* The Honorable Max Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 April 27, 2006 040037 Maricopa (FEMA Docket No.: B-7467) Unincorporated areas of Maricopa County (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Max Wilson, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 August 19, 2006 040037 Pima (FEMA Docket No.: B-7467) City of Tucson (05-09-A090P) March 30, 2006; April 6, 2006; *The Daily Territorial* The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726 July 6, 2006 040076 Pima (FEMA Docket No.: B-7467) City of Tucson (05-09-A160P) February 16, 2006; February 23, 2006; *The Daily Territorial* The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726 May 25, 2006 040076 Pima (FEMA Docket No.: B-7467) Unincorporated areas of Pima County (05-09-0847P) December 8, 2005; December 15, 2005; *The Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701 November 28, 2005 040073 Pima (FEMA Docket No.: B-7467) Unincorporated areas of Pima County (05-09-A090P) March 30, 2006; April 6, 2006; *The Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701 July 6, 2006 040073 Pima (FEMA Docket No.: B-7467) Unincorporated areas of Pima County (05-09-A160P) February 16, 2006; February 23, 2006; *Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701 May 25, 2006 040073 Arkansas: Benton (FEMA Docket No.: B-7712) City of Rogers (05-06-A137P) January 3, 2007; January 10, 2007; *Rogers Hometown News* The Honorable Steve Womack, Mayor, City of Rogers, 300 West Poplar Street, Rogers, AR 72756 April 4, 2007 050013 California: Amador (FEMA Docket No.: B-7474) City of Jackson (06-09-B819P) October 20, 2006; October 27, 2006; *Amador Ledger Dispatch* The Honorable Al Nunes, Mayor, City of Jackson, 33 Broadway, Jackson, CA 95642 January 26, 2007 060448 Riverside (FEMA Docket No.: B-7467) City of San Jacinto (05-09-A244P) February 16, 2006; February 23, 2006; *The Press-Enterprise* The Honorable Dale Stubblefield, Mayor, City of San Jacinto, 201 East Main Street, San Jacinto, California 92583 March 2, 2006 065056 Riverside (FEMA Docket No.: B-7467) Unincorporated areas of Riverside County (05-09-A213P) February 8, 2006; February 15, 2006; *The Press-Enterprise* The Honorable Marion Ashley, Chairman, Riverside County Board of Supervisors, 4080 Lemon Street, Fifth Floor, Riverside, California 92501 January 23, 2006 060245 San Bernardino (FEMA Docket No.: B-7712) City of Barstow (06-09-B313P) December 28, 2006; January 4, 2007; *San Bernardino County Sun* The Honorable Lawrence E. Dale, Mayor, City of Barstow, 220 East Mountain View Street, Suite A, Barstow, CA 92311 November 30, 2006 060271 San Bernardino (FEMA Docket No.: B-7712) Unincorporated areas of San Bernardino County (06-09-B313P) December 28, 2006; January 4, 2007; *San Bernardino County Sun* The Honorable Bill Postmus, Chairman, San Bernardino County Board of Supervisors, 385 North Arrowhead Avenue, 3rd Floor, San Bernardino, CA 92415 November 30, 2006 060270 San Diego (FEMA Docket No.: B-7467) City of San Diego (06-09-B001P) March 16, 2006; March 23, 2006; *San Diego Daily Transcript* The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101 June 22, 2006 060295 San Diego (FEMA Docket No.: B-7467) City of San Diego (06-09-B048P) May 18, 2006; May 25, 2006; *San Diego Daily Transcript* The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101 April 28, 2006 060295 San Diego (FEMA Docket No.: B-7467) Unincorporated areas of San Diego County (06-09-BB14P) August 3, 2006; August 10, 2006; *San Diego Daily Transcript* The Honorable Bill Horn, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, California 92123 November 9, 2006 060284 San Luis Obispo (FEMA Docket No.: B-7703) City of Arroyo Grande (06-09-BA92P) November 22, 2006; November 29, 2006; *The Tribune* The Honorable Tony M. Ferrara, Mayor, City of Arroyo Grande, 215 East Branch Street, Arroyo Grande, CA 93420 February 28, 2007 060305 Santa Clara (FEMA Docket No.: B-7467) City of San Jose (06-09-B378P) July 19, 2006; July 26, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113 October 25, 2006 060349 Santa Clara (FEMA Docket No.: B-7467) City of Santa Clara (06-09-B378P) July 19, 2006; July 26, 2006; *San Jose Mercury News* The Honorable Patricia Mahan, Mayor, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, California 95050 October 25, 2006 060350 Shasta (FEMA Docket No.: B-7712) Unincorporated areas of Shasta County (06-09-BB09P) November 9, 2006; November 16, 2006; *Redding Record Searchlight* The Honorable Patricia A. “Trish” Clarke, Chairman, Shasta County Board of Supervisors, 1450 Court Street, Suite 308 B, Redding, CA 96001 October 31, 2006 060358 Colorado: Arapahoe (FEMA Docket No.: B-7712) City of Centennial (06-08-B400P) December 28, 2006; January 4, 2007; *The Littleton Independent* The Honorable Randy Pye, Mayor, City of Centennial, City of Centennial Office, 12503 East Euclid Drive, Suite 200, Centennial, CO 80111 April 5, 2007 080315 El Paso (FEMA Docket No.: B-7712) City of Colorado Springs (05-08-0608P) November 22, 2006; November 29, 2006; *El Paso County Advertiser and News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901 October 25, 2006 080060 Jefferson (FEMA Docket No.: B-7467) City of Arvada (05-08-0531P) June 1, 2006; June 8, 2006; *The Golden Transcript* The Honorable Ken Fellman, Mayor, City of Arvada, 8101 Ralston Road, Arvada, Colorado 80002 September 7, 2006 085072 Jefferson (FEMA Docket No.: B-7467) City of Golden (06-08-A676P) April 20, 2006; April 27, 2006; *The Golden Transcript* The Honorable Charles J. Baroch, Mayor, City of Golden, 701 Ridge Road, Golden, Colorado 80403 July 27, 2006 080090 Jefferson (FEMA Docket No.: B-7474) City of Lakewood (06-08-B318P) November 9, 2006; November 16, 2006; *The Golden Transcript* The Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226 February 15, 2007 085075 Jefferson (FEMA Docket No.: B-7467) Unincorporated areas of Jefferson County (06-08-0531P) June 1, 2006; June 8, 2006; *The Golden Transcript* The Honorable Jim Congrove, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419 September 7, 2006 080087 Larimer (FEMA Docket No.: B-7467) Unincorporated Areas of Larimer County (05-08-0587P) April 20, 2006; April 27, 2006; *Fort Collins Coloradoan* The Honorable Kathay Rennels, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, Colorado 80522 July 27, 2006 080101 Larimer (FEMA Docket No.: B-7467) Town of Wellington (05-08-0379P) December 22, 2005; December 29, 2005; *Fort Collins Coloradoan* The Honorable Larry Noel, Mayor, Town of Wellington, P.O. Box 127, Wellington, Colorado 80549 March 30, 2006 080104 Jefferson (FEMA Docket No.: B-7467) City of Westminster (04-08-0439P) December 7, 2005; December 14, 2005; *Brighton Standard Blade* The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031 November 30, 2005 080008 Summit (FEMA Docket No.: B-7467) Unincorporated Areas of Summit County (05-08-0618P) June 16, 2006; June 23, 2006; *Summit County Journal* The Honorable Tom Long, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, Colorado 80424 May 17, 2006 080290 Weld (FEMA Docket No.: B-7467) Town of Erie (05-08-0364P) November 2, 2005; November 9, 2005; *Erie Review* The Honorable Andrew J. Moore, Mayor, Town of Erie, P.O. Box 750, Erie, Colorado, 80516-0100 February 8, 2006 080181 Weld (FEMA Docket No.: B-7467) Town of Pierce (06-08-B003P) January 19, 2005; January 26, 2005; *The Greeley Republican* The Honorable Craig Cleveland, Mayor, Town of Pierce, P.O. Box 57, Pierce, Colorado, 80650 April 27, 2006 080189 Weld (FEMA Docket No.: B-7467) Town of Severance (05-08-0378P) March 16, 2006; March 23, 2006; *The Greeley Republican* The Honorable Pierre DeMilt, Mayor, Town of Severance, P.O. Box 122, Severance, Colorado 80546 June 22, 2006 080317 Weld (FEMA Docket No.: B-7467) Unincorporated areas of Weld County (06-08-B003P) January 19, 2005; January 26, 2005; *Greeley Tribune* The Honorable William Jerke, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, Colorado 80632 April 27, 2006 080266 Georgia: Walton (FEMA Docket No.: B-7474) Unincorporated areas of Walton County (05-04-A009P) October 18, 2006; October 25, 2006; *The Walton Tribune* The Honorable Kevin W. Little, Chairman, Walton County Board of Commissioners, 303 South Hammond Drive, Monroe, GA 30655 September 25, 2006 130185 Hawaii: Hawaii (FEMA Docket No.: B-7712) Unincorporated areas of Hawaii County (06-09-B047P) November 2, 2006; November 9, 2006; *Hawaii Tribune Herald* The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Room 215, Hilo, HI 96720 October 16, 2006 155166 Maui (FEMA Docket No.: B-7467) Unincorporated areas of Maui County (06-09-A607P) May 25, 2006; June 1, 2006; *Maui News* The Honorable Alan M. Arakawa, Mayor, County of Maui, 200 South High Street, Wailuku, Hawaii 96793 May 10, 2006 150003 Kansas: Shawnee (FEMA Docket No.: B-7712) City of Topeka (06-07-B029P) November 16, 2006; November 23, 2006; *Topeka Capital Journal* The Honorable William W. Bunten, Mayor, City of Topeka, City Hall, 215 Southeast 7th Street, Topeka, KS 66603-3914 November 30, 2006 205187 Massachusetts: Plymouth (FEMA Docket No.: B-7474) Town of Scituate (06-01-B143P) September 14, 2006; September 21, 2006; *The Patriot Ledger* Mr. Richard Agnew, Town Administrator, Town of Scituate, Scituate Town Hall, 600 Chief Justice Cushing Highway, Scituate, MA 02066 August 23, 2006 250282 Montana: Gallatin (FEMA Docket No.: B-7467) City of Three Forks (05-08-A579P) March 23, 2006; March 30, 2006; *Bozeman Daily Chronicle* The Honorable Gene Townsend, Mayor, City of Three Forks, P.O. Box 187, Three Forks, Montana 59752 June 29, 2006 300029 New Mexico: Bernalillo (FEMA Docket No.: B-7466) City of Albuquerque (06-06-A653P) February 9, 2006; February 16, 2006; *The Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 January 30, 2006 350002 Ohio: Fairfield (FEMA Docket No.: B-7466) City of Reynoldsburg (05-05-1178P) June 29, 2006; July 6, 2006; *Lancaster Eagle-Gazette* The Honorable Ronald L. McPherson, Mayor, City of Reynoldsburg, 7232 East Main Street, Reynoldsburg, Ohio 43068 October 5, 2006 390177 Lorain (FEMA Docket No.: B-7712) City of Amherst (05-05-A229P) November 30, 2006; December 7, 2006; *The Chronicle Telegram* The Honorable David A. Taylor, Mayor, City of Amherst, 480 Park Avenue, Amherst, OH 44001 March 8, 2007 390347 Oklahoma: Oklahoma (FEMA Docket No.: B-7474) City of Edmond (06-06-B417P) October 19, 2006; October 26, 2006; *The Edmond Sun* The Honorable Saundra G. Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083-2970 January 25, 2007 400252 Oklahoma (FEMA Docket No.: B-7466) City of Oklahoma City (05-06-0453P) January 12, 2006; January 19, 2006; *Oklahoma Journal Record* The Honorable Mick Cornett, Mayor, City of Oklahoma City, City Hall, 200 North Walker Street, Third Floor, Oklahoma City, Oklahoma 73102 December 29, 2005 405378 Tulsa (FEMA Docket No.: B-7466) City of Tulsa (05-06-A430P) April 20, 2006; April 27, 2006; *Tulsa World* The Honorable Bill Lafortune, Mayor, City of Tulsa, 200 Civic Center, 11th Floor, Room 532, Tulsa, Oklahoma 74103 March 31, 2006 405381 Pennsylvania: Chester (FEMA Docket No.: B-7474) Township of Sadsbury (06-03-B160P) October 19, 2006; October 26, 2006; *Daily Local News* The Honorable Dale Hensel, Chairman, Board of Supervisors, Sadsbury Township, 6 Ramsey Alley, P.O. Box 261, Sadsburyville, PA 19369 September 29, 2006 421488 York (FEMA Docket No.: B-7466) York Township (06-03-B333P) August 24, 2006; August 31, 2006; *York Dispatch* The Honorable Phillip W. Briddell, President, York Township Board of Commissioners, 335 Hill-N-Dale Drive, York, Pennsylvania 17403 July 31, 2006 421032 Rhode Island: Bristol (FEMA Docket No.: B-7712) Town of Bristol (05-01-0763P) November 9, 2006; November 16, 2006; *Bristol Phoenix* The Honorable Diane C. Mederos, Mayor, Town of Bristol, Town Hall, 10 Court Street, Bristol, RI 02809 October 17, 2006 445393 South Carolina: Sumter (FEMA Docket No.: B-7466) Unincorporated areas of Sumter County (04-04-B134P) June 19, 2006; June 22, 2006; *The Item* Mr. William T. Noonan, Sumter County Administrator, 13 East Canal Street, Sumter, South Carolina 29150 September 21, 2006 450182 Tennessee: Davidson (FEMA Docket No.: B-7466) Metropolitan Government of Nashville and Davidson County (05-04-A471P) June 15, 2006; June 22, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 225 Polk Avenue, Nashville, Tennessee 37203 September 21, 2006 470040 Williamson (FEMA Docket No.: B-7466) City of Brentwood (06-04-B110P) June 22, 2006; June 29, 2006; *The Tennessean* The Honorable Brian Joe Sweeney, Mayor, City of Brentwood, P.O. Box 788, Brentwood, Tennessee 37024-0788 September 27, 2006 470205 Texas: Collin (FEMA Docket No.: B-7466) City of McKinney (05-06-0127P) February 16, 2006; February 23, 2006; *McKinney Courier Gazette* The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, P.O. Box 517, McKinney, Texas 75069 May 25, 2006 480135 Collin (FEMA Docket No.: B-7466) City of Plano (06-06-B374P) August 16, 2006; August 23, 2006; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, Suite 300, Plano, Texas 75086-0358 November 22, 2006 480140 Dallas (FEMA Docket No.: B-7466) City of Dallas (05-06-0199P) December 8, 2005; December 15, 2005; *The Daily Commercial Record* The Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, Texas 75201-6390 March 16, 2006 480171 Dallas (FEMA Docket No.: B-7466) City of Garland (06-06-B168P) August 17, 2006; August 24, 2006; *The Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002 November 23, 2006 485471 Hays (FEMA Docket No.: B-7466) Unincorporated areas of Hays County (06-06-B006P) August 17, 2006; August 24, 2006; *Hays County Free Press* The Honorable Jim Powers, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, Texas 78666 November 23, 2006 480321 Hidalgo (FEMA Docket No.: B-7466) City of McAllen (05-06-1607P) March 9, 2006; March 16, 2006; *The Monitor* The Honorable Richard F. Cortez, Mayor, City of McAllen, 1300 Houston Avenue, McAllen, Texas 78501 February 21, 2006 480343 Tarrant (FEMA Docket No.: B-7474) City of Fort Worth (06-06-BB25P) October 19, 2006; October 26, 2006; *Fort Worth Star-Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 September 28, 2006 480596 Tarrant (FEMA Docket No.: B-7474) Unincorporated areas of Tarrant County (06-06-BB25P) October 19, 2006; October 26, 2006; *Fort Worth Star-Telegram* The Honorable Tom Vandergriff, Tarrant County Judge, Tarrant County Commissioners Court, 100 East Weatherford Street, Room 502A, Fort Worth, TX 76196 September 28, 2006 480582 Wyoming: Teton (FEMA Docket No.: B-7466) Unincorporated areas of Teton County (05-08-0317P) March 29, 2006; April 5, 2006; *Jackson Hole News* The Honorable Leland Christensen, Chair, Teton County Board of Commissioners, P.O. Box 3594, Jackson, Wyoming 83001 March 15, 2006 560094 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: May 11, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-9785 Filed 5-21-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

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

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

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

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

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

(NGVD)+Elevation in feet

(NAVD)# Depth in feet above ground. Modified Communities affected Guadalupe County, Texas and Incorporated Areas Docket No.: FEMA-B-7461 Cibolo Creek At intersection of IH 35 and Cibolo Creek +755 Guadalupe County (Unincorporated Areas), City of Schertz. At intersection of Lookout Road and Cibolo Creek +763 Tributary No. 13 At confluence with East Branch Dietz Creek and Cibolo Creek Tributary No. 13 +728 Guadalupe County (Unincorporated Areas), City of Cibolo. Approximately 2,500 feet upstream of the confluence with East Branch Dietz Creek and Cibolo Creek Tributary No. 13 +776 Dietz Creek Approximately 1,000 feet downstream of the confluence with Cibolo Tributary 11 and Dietz Creek +692 Guadalupe County (Unincorporated Areas), City of Cibolo, City of Schertz Approximately 2,700 feet upstream of the confluence with Cibolo Tributary 16 and Dietz Creek +766 East Branch Dietz Creek Approximately 1,000 feet downstream of the intersection with Borgfield Road and Turncreek Avenue +693 Guadalupe County (Unincorporated Areas), City of Cibolo, City of Schertz Approximately 1,100 feet NE of the intersection of Old Weiderstein Road and Cibolo Valley Drive +844 Geronimo Creek Approximately 3,100 feet downstream of the confluence with Geronimo Creek and Geronimo Tributary 2 +464 Guadalupe County (Unincorporated Areas), City of Seguin. Approximately 2,000 feet downstream of the confluence with Geronimo Creek and Geronimo Creek Tributary 2 +464 Guadalupe River At confluence with Geronimo Creek and Guadalupe River +464 Guadalupe County (Unincorporated Areas), City of Seguin. Approximately 250 feet downstream of East County Line Road +598 Town Creek Approximately 350 feet downstream of Dean Road and Town Creek +784 Guadalupe County (Unincorporated Areas), City of Cibolo. Approximately 1,300 feet upstream of Dean Road and Town Creek +814 Tributary 1 At confluence with Town Creek and Town Creek Tributary 1 +708 Guadalupe County (Unincorporated Areas), City of Cibolo. At Intersection of FM 1103 Road and Brite Road +712 Walnut Branch At confluence with Walnut Branch and Guadalupe River +492 Guadalupe County (Unincorporated Areas). Approximately 1,500 feet upstream of McQueeny Dam +548 * National Geodetic Vertical Datum. + National American Vertical Datum. # Depth in feet above ground. ADDRESSES Guadalupe County (Unincorporated Areas) Maps are available for inspection at Maintenance Building, 415 East Donegan Street, Seguin, TX 78155. Send comments to the Honorable Donald Schraub, County Judge, Guadalupe County, County Courthouse, Seguin TX 78155. City of Cibolo Maps are available for inspection at 109 South Main Street, Cibolo, TX 78108. Send comments to the Honorable Johnny Sutton, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108. City of Schertz Maps are available for inspection at Public Works Building, 10 Commercial Place, TX 78154. Send comments to the Honorable Hal Baldwin, Mayor, City of Schertz, 1400 Schertz Parkway, Schertz, TX 78154. City of Seguin Maps are available for inspection at 210 East Gonzales, Seguin, TX 78155. Send comments to the Honorable Betty Ann Maties, Mayor, City of Seguin, P.O. Box 581, Seguin, TX 78155. Guadalupe County, Texas, and Incorporated Areas Docket No.: FEMA-B-7702 Cibolo Creek Approximately 7500 feet downstream from intersection with I-35 +740 City of Selma. Approximately 4800 feet upstream from intersection with I-35 +763 Dietz Creek Approximately 2000 feet downstream of I-35 +751 City of Selma. Approximately 4000 feet upstream from I-35 +767 Guadalupe River Approximately 2500 feet upstream from Confluence with Long Creek +558 City of Braunfels. At East County Line Road +598 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of New Braunfels Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130. Send comments to The Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell, New Braunfels, TX 78130. City of Selma Maps are available for inspection at 9375 Corporate Dr, Selma, TX 78154. Send comments to The Honorable James Parma, Mayor, City of Selma, 9375 Corporate Dr, Schertz, TX 78154. Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: May 11, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-9783 Filed 5-21-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 531 [Docket No. NHTSA-2006-25593] Exemptions From Average Fuel Economy Standards; Passenger Automobile Average Fuel Economy Standards AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final decision to grant exemption. SUMMARY: This final decision responds to a petition filed by Spyker Automobielen B.V. (Spyker) requesting that it be exempted from the generally applicable average fuel economy standard of 27.5 miles per gallon

(mpg)for model years 2006 and 2007, and that, for Spyker, lower alternative standards be established. In this document, NHTSA establishes an alternative average fuel economy standard for Spyker of 18.9 mpg for MYs 2006 and 2007. DATES: *Effective Date:* June 21, 2007. This exemption and the alternative standards apply to Spyker for MYs 2006 and 2007. *Petitions for reconsideration:* Petitions for reconsideration must be received no later than June 21, 2007. ADDRESSES: You may submit comments by any of the following methods: • *Web Site: http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • *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. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the agency name and docket number or Regulatory Identification Number

(RIN)for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Request for Comments heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to *http://dms.dot.gov* , including any personal information provided. Please see the Privacy Act heading under Rulemaking Analyses and Notices. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or to 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: For technical issues, contact Ken Katz, Lead Engineer, Fuel Economy Division, Office of International Vehicle, Fuel Economy, and Consumer Standards, at

(202)366-0846, facsimile

(202)493-2290, electronic mail *kkatz@nhtsa.dot.gov.* For legal issues, contact Stephen Wood of the Office of the Chief Counsel, at

(202)366-2992. SUPPLEMENTARY INFORMATION: Statutory Background Pursuant to 49 U.S.C. section 32902(d), NHTSA may exempt a low volume manufacturer of passenger automobiles from the generally applicable average fuel economy standards if NHTSA concludes that those standards are more stringent than the maximum feasible average fuel economy for that manufacturer and if NHTSA establishes an alternative standard for that manufacturer at its maximum feasible level. Under the statute, a low volume manufacturer is one that manufactured (worldwide) fewer than 10,000 passenger automobiles in the second model year before the model year for which the exemption is sought (the affected model year) and that will manufacture fewer than 10,000 passenger automobiles in the affected model year. In determining the maximum feasible average fuel economy, the agency is required under 49 U.S.C. 32902(f) to consider:

(1)Technological feasibility.

(2)Economic practicability.

(3)The effect of other Federal motor vehicle standards on fuel economy, and

(4)The need of the United States to conserve energy. The statute permits NHTSA to establish alternative average fuel economy standards applicable to exempted low volume manufacturers in one of three ways:

(1)A separate standard for each exempted manufacturer;

(2)a separate average fuel economy standard applicable to each class of exempted automobiles (classes would be based on design, size, price, or other factors); or

(3)a single standard for all exempted manufacturers. Proposed Decision and Public Comment This final decision was preceded by a proposal announcing the agency's tentative conclusion that Spyker should be exempted from the generally applicable MY 2006 and 2007 passenger automobile average fuel economy of 27.5 mpg and that alternative standards of 18.9 mpg for MYs 2006 and 2007 be established for Spyker. (71 FR 49407; August 23, 2006). The agency received only one comment, from a Ms. Barb Sachau, who argued that all vehicles should get higher gas mileage and that the exemption for Spyker should not be granted unless Spyker's vehicles were able to obtain 100 mpg. NHTSA has decided not to adopt Ms. Sachau's recommendation. NHTSA's proposed decision presented several reasons why it would not be technologically feasible or economically practicable for Spyker to improve the fuel economy of its MY 2006 and 2007 vehicles above an average of 18.9 mpg. Ms. Sachau did not refute the agency's reasoning or provide a technical evaluation of how a standard of 100 mpg for MYs 2006 and 2007 would be technologically feasible or economically practicable for Spyker. Thus, the agency has no basis to adopt Ms. Sachau's recommendation. NHTSA Final Determination Therefore, the agency is adopting the tentative conclusions set forth in the proposed decision as its final conclusions, for the reasons set forth in the proposed decision. Based on these conclusions, the maximum average fuel economy for Spyker is 18.9 mpg for MYs 2006 and 2007. NHTSA has determined that other Federal motor vehicle standards will not affect achievable fuel economy beyond the extent considered in the proposed decision and that the national effort to conserve energy will not be affected by granting this exemption. NHTSA hereby exempts Spyker from the generally applicable MY 2006 and 2007 passenger automobile average fuel economy of 27.5 mpg and establishes an alternative standard of 18.9 mpg for MYs 2006 and 2007 for Spyker. Regulatory Impact Analyses NHTSA has analyzed this decision and determined that neither Executive Order 12866 nor the Department of Transportation's regulatory policies and procedures apply. Under Executive Order 12866, the decision would not establish a “rule,” which is defined in the Executive Order as “an agency statement of general applicability and future effect.” Since this decision would apply only to Spyker, as discussed in this notice, it is not a “rule” under the definition. Under DOT regulatory policies and procedures, the decision is not a “significant regulation.” If Departmental policies and procedures were applicable, the agency would have determined that this decision is not significant. The principal impact of this decision is that the exempted company will not be required to pay civil penalties if its maximum feasible average fuel economy were achieved, and that purchasers of those vehicles would not have to bear the burden of those civil penalties in the form of higher prices. Since this decision sets an alternative standard at the level determined to be the maximum feasible for Spyker for MYs 2006 and 2007, no fuel would be saved by establishing a higher alternative standard. NHTSA finds in the Section on “The Need of the United States to Conserve Energy” that because of the small size of the Spyker fleet, that incremental usage of gasoline by Spyker's customers would not affect the United States' need to conserve gasoline. Spyker plans to import a maximum of 112 vehicles to the U.S. market by MY 2007. Given that over 8,350,000 passenger cars were produced for sale in the U.S. market in MY 2006, Spyker's importation of these vehicles would amount to .001% of the U.S. market. Thus, the impact for the public at large is minimal. The agency has also considered the environmental implications of this decision in accordance with the National Environmental Policy Act

(NEPA)and determined that it does not significantly affect the human environment. Regardless of the fuel economy of the exempted vehicles, they must pass the emissions standards which measure the amount of emissions per mile traveled. Thus, the quality of the air is not affected by the alternative standards. Further, since the exempted passenger automobiles cannot achieve better fuel economy than provided, the decision does not affect the amount of fuel used. List of Subjects in 49 CFR Part 531 Energy conservation, Gasoline, Imports, Motor Vehicles. In consideration of the foregoing, 49 CFR part 531 is amended as follows: PART 531—[AMENDED] 1. The authority citation for part 531 is revised to read as follows: Authority: 49 U.S.C. 32902, delegation of authority at 49 CFR 1.50. 2. Section 531.5 is amended by adding paragraph

(15)to read as follows: § 531.5 Fuel economy standards.

(b)* * *

(15)Spyker Automobielen B.V. Average Fuel Economy Standard Model year Miles per gallon 2006 18.9 2007 18.9 Issued on: May 17, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7-9867 Filed 5-21-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032-7032-01] RIN 0648-XA40 Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 17, 2007, through 1200 hrs, A.l.t., July 1, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA is 300 metric tons as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007), for the period 1200 hrs, A.l.t., April 1, 2007, through 1200 hrs, A.l.t., July 1, 2007. In accordance with § 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the trawl deep-water species fishery in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the deep-water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the deep-water species fishery are sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth flounder. This closure does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Pilot Program for the Central GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the deep-water species fishery by vessels using trawl gear in the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 16, 2007. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 17, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-2536 Filed 5-17-07; 1:22 pm]

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