Rules and Regulations. Final regulations; correction

3,929 words·~18 min read·/register/2007/06/29/07-55507

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BILLING CODE 9111-14-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9329] RIN 1545-BF16 Guidance Necessary to Facilitate Business Electronic Filing and Burden Reduction; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations; correction. SUMMARY: This document contains a correction to final regulations (TD 9329) that were published in the **Federal Register** on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns.

They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. DATES: The correction is effective June 29, 2007. FOR FURTHER INFORMATION CONTACT: Grid Glyer,

(202)622-7930 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of the correction are under sections 302, 331, 332, 338, 351, 355, 368, 381, 382, 1081, 1221, 1502, 1563, and 6012 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9329) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9329), which were the subject of FR Doc. E7-11148, is corrected as follows: On page 32794, in the document heading, the language “RIN 1545-BF26” is corrected to read “RIN 1545-BF16”. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-12590 Filed 6-28-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Part 3 OMB Control Numbers Under the Paperwork Reduction Act AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment updates MSHA's listing of Office of Management and Budget

(OMB)control numbers for the Agency's standards and regulations. MSHA is prohibited from conducting a collection of information unless the Agency displays a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995. EFFECTIVE DATE: June 29, 2007. FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office of Standards, Regulations, and Variances, MSHA at *silvey.patricia@dol.gov* (E-mail); 202-693-9440 (Voice); 202-693-9441 (Facsimile). SUPPLEMENTARY INFORMATION: MSHA first consolidated the listing of OMB control numbers in a final rule published on June 29, 1995 (60 FR 33719). This action codified the OMB control numbers for MSHA standards and regulations in one location to assist the public in quickly determining whether OMB has approved a specific information collection requirement. Table 1 in 30 CFR 3.1 displays the OMB control number for each section containing a requirement for the collection, reporting, recordkeeping, or dissemination of information. MSHA is prohibited from conducting a collection of information unless it displays a currently valid OMB control number and informs potential responders that they are not required to respond unless the collection of information displays a currently valid OMB control number. By publishing this list, MSHA is following the recommendation of OMB pursuant to 5 CFR 1320.3(f)(3) and 1320.5(b)(2)(ii)(C) that, even where an agency has already provided the above information “in a manner reasonably calculated to inform the public,” the agency should also “publish such information along with a table or codified section of OMB control numbers to be included in the *Code of Federal Regulations.* ” This revision updates MSHA's current list of OMB control numbers to include new control numbers approved by OMB for standards and regulations completed since the last update and any changes made through the renewal of previously issued OMB control numbers. Information collection requirements go through the public review process, including notice and comment, as part of the rule to which they apply. Likewise, the renewal of an OMB control number also requires public review. As a result, MSHA finds that it is unnecessary to have further public notice and comment and that, therefore, there is “good cause” under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act

(APA)to issue this technical amendment to Table 1 in 30 CFR part 3 without prior public notice and comment. MSHA also determined that it is unnecessary to delay the effective date. This technical amendment contains no new requirements for which the public would need time to plan compliance, beyond that provided for in the regulation itself. MSHA finds, therefore, that there is “good cause” to except this action from the 30-day delayed effective date requirement under 5 U.S.C. 553(d)(3) of the APA. List of Subjects in 30 CFR Part 3 Mine safety and health, Reporting and recordkeeping requirements. Dated: June 25, 2007. John A. Pallasch, Deputy Assistant Secretary for Mine Safety and Health. Accordingly, under the authority of 30 U.S.C. 957, chapter I of title 30, *Code of Federal Regulations* is amended as set forth below. PART 3—[AMENDED] 1. The authority citation for part 3 continues to read as follows: Authority: 30 U.S.C. 957; 44 U.S.C. 3501-3520. 2. Amend § 3.1 by revising Table 1 to read as follows: § 3.1 OMB control numbers. Table 1.—OMB Control Numbers 30 CFR Citation OMB Control No. Subchapter B—Testing, Evaluation, and Approval of Mining Products 6.10 1219-0066 7.3 1219-0066 7.4 1219-0066 7.6 1219-0066 7.7 1219-0066 7.23 1219-0066 7.27 1219-0066 7.28 1219-0066 7.29 1219-0066 7.30 1219-0066 7.43 1219-0066 7.46 1219-0066 7.47 1219-0066 7.48 1219-0066 7.49 1219-0066 7.51 1219-0066 7.63 1219-0066 7.69 1219-0066 7.71 1219-0066 7.83 1219-0066 7.90 1219-0066 7.97 1219-0066 7.105 1219-0066 7.303 1219-0066 7.306 1219-0066 7.309 1219-0066 7.311 1219-0066 7.403 1219-0066 7.407 1219-0066 7.408 1219-0066 7.409 1219-0066 15.4 1219-0066 15.8 1219-0066 18.6 1219-0066 18.15 1219-0066 18.53 1219-0066, -0116 18.81 1219-0066 18.82 1219-0066 18.93 1219-0066 18.94 1219-0066 19.3 1219-0066 19.13 1219-0066 20.3 1219-0066 20.14 1219-0066 22.4 1219-0066 22.11 1219-0066 23.3 1219-0066 23.14 1219-0066 27.4 1219-0066 27.6 1219-0066 27.11 1219-0066 28.10 1219-0066 28.25 1219-0066 28.30 1219-0066 28.31 1219-0066 33.6 1219-0066 33.12 1219-0066 35.6 1219-0066 35.12 1219-0066 36.6 1219-0066 36.12 1219-0066 Subchapter G—Filing and Other Administrative Requirements 40.3 1219-0042 40.4 1219-0042 40.5 1219-0042 41.20 1219-0042 43.4 1219-0014 43.7 1219-0014 44.9 1219-0065 44.10 1219-0065 44.11 1219-0065 45.3 1219-0040 45.4 1219-0040 Subchapter H—Education and Training 46.3 1219-0131 46.5 1219-0131 46.6 1219-0131 46.7 1219-0131 46.8 1219-0131 46.9 1219-0131 46.11 1219-0131 47.31 1219-0133 47.32(a)(4) 1219-0133 47.41 1219-0133 47.51 1219-0133 47.71 1219-0133 47.73 1219-0133 48.3 1219-0009, -0141 48.9 1219-0009 48.23 1219-0009 48.29 1219-0009 49.2 1219-0078 49.3 1219-0078 49.4 1219-0078 49.6 1219-0078 49.7 1219-0078 49.8 1219-0078 49.9 1219-0078 Subchapter I—Accidents, Injuries, Illnesses, Employment, and Production in Mines 50.10 1219-0007, -0141 50.11 1219-0007 50.20 1219-0007 50.30 1219-0007 Subchapter K—Metal and Nonmetal Mine Safety and Health 56.1000 1219-0042 56.3203(a) 1219-0121 56.5005 1219-0048 56.13015 1219-0089 56.13030 1219-0089 56.14100 1219-0089 56.18002 1219-0089 56.19022 1219-0034 56.19023 1219-0034 56.19057 1219-0049 56.19121 1219-0034 57.1000 1219-0042 57.3203(a) 1219-0121 57.3461 1219-0097 57.5005 1219-0048 57.5037 1219-0003 57.5040 1219-0003 57.5047 1219-0039 57.5060 1219-0135 57.5065 1219-0135 57.5066 1219-0135 57.5067 1219-0135 57.5070 1219-0135 57.5071 1219-0135 57.5075 1219-0135 57.8520 1219-0016 57.8525 1219-0016 57.11053 1219-0046 57.13015 1219-0089 57.13030 1219-0089 57.14100 1219-0089 57.18002 1219-0089 57.19022 1219-0034 57.19023 1219-0034 57.19057 1219-0049 57.19121 1219-0034 57.22004(c) 1219-0103 57.22204 1219-0030 57.22229 1219-0103 57.22230 1219-0103 57.22231 1219-0103 57.22239 1219-0103 57.22401 1219-0096 57.22606 1219-0095 Subchapter M—Uniform Mine Health Regulations 62.110 1219-0120 62.130 1219-0120 62.170 1219-0120 62.171 1219-0120 62.172 1219-0120 62.173 1219-0120 62.174 1219-0120 62.175 1219-0120 62.180 1219-0120 62.190 1219-0120 Subchapter O—Coal Mine Safety and Health 70.201(c) 1219-0011 70.202(b) 1219-0011 70.204 1219-0011 70.209 1219-0011 70.210 1219-0011 70.220 1219-0011 71.201(c) 1219-0011 71.202(b) 1219-0011 71.204 1219-0011 71.209 1219-0011 71.210 1219-0011 71.220 1219-0011 71.300 1219-0011 71.301 1219-0011 71.403 1219-0024 71.404 1219-0024 72.500 1219-0124 72.503 1219-0124 72.510 1219-0124 72.520 1219-0124 75.100 1219-0127 75.153(a)(2) 1219-0001 75.155 1219-0127 75.159 1219-0127 75.160 1219-0127 75.161 1219-0127 75.204(a) 1219-0121 75.215 1219-0004 75.220 1219-0004 75.221 1219-0004 75.222 1219-0004 75.223 1219-0004 75.310 1219-0088 75.312 1219-0088 75.342 1219-0088 75.350 1219-0138 75.351 1219-0088, -0116, -0138 75.352 1219-0138 75.360 1219-0088 75.361 1219-0088 75.362 1219-0088 75.363 1219-0088 75.364 1219-0088 75.370 1219-0088 75.371 1219-0088, -0138 75.372 1219-0073 75.373 1219-0073 75.382 1219-0088 75.512 1219-0116 75.703-3 1219-0116 75.800-4 1219-0116 75.820 1210-0116 75.821 1219-0116 75.900-4 1219-0116 75.1001-1 1219-0116 75.1100-3 1219-0054 75.1103-8 1219-0054 75.1103-11 1219-0054 75.1200 1219-0073 75.1200-1 1219-0073 75.1201 1219-0073 75.1202 1219-0073 75.1202-1 1219-0073 75.1203 1219-0073 75.1204 1219-0073 75.1204-1 1219-0073 75.1321 1219-0025 75.1327 1219-0025 75.1400-2 1219-0034 75.1400-4 1219-0034 75.1432 1219-0034 75.1433 1219-0034 75.1501 1219-0054 75.1502 1219-0054, -0141 75.1504 1219-0141 75.1505 1219-0141 75.1702 1219-0041 75.1712-4 1219-0024 75.1712-5 1219-0024 75.1713-1 1219-0078 75.1714-3(e) 1219-0044 75.1714-4 1219-0044 75.1714-5 1219-0141 75.1714-8 1219-0141 75.1716 1219-0020 75.1716-1 1219-0020 75.1716-3 1219-0020 75.1721 1219-0073 75.1901 1219-0119 75.1904 1219-0119 75.1911 1219-0119 75.1912 1219-0119 75.1914 1219-0119 75.1915 1219-0119, -0124 77.100 1219-0127 77.103(a)(2) 1219-0001 77.105 1219-0127 77.106 1219-0127 77.107 1219-0127 77.107-1 1219-0127 77.215 1219-0015 77.215-2 1219-0015 77.215-3 1219-0015 77.215-4 1219-0015 77.216-2 1219-0015 77.216-3 1219-0015 77.216-4 1219-0015 77.216-5 1219-0015 77.502 1219-0116 77.800-2 1219-0116 77.900-2 1219-0116 77.1000 1219-0026 77.1000-1 1219-0026 77.1101 1219-0051 77.1200 1219-0073 77.1201 1219-0073 77.1202 1219-0073 77.1404 1219-0034 77.1432 1219-0034 77.1433 1219-0034 77.1702 1219-0078 77.1713 1219-0083 77.1900 1219-0019 77.1901 1219-0082 77.1906 1219-0034 77.1909-1 1219-0025 90.201(c) 1219-0011 90.202(b) 1219-0011 90.204 1219-0011 90.209 1219-0011 90.220 1219-0011 90.300 1219-0011 90.301 1219-0011 [FR Doc. E7-12578 Filed 6-28-07; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900-AK80 Veterans and Dependents Education: Topping-Up Tuition Assistance; Licensing and Certification Tests; Duty To Assist Education Claimants; Correction AGENCY: Department of Veterans Affairs. ACTION: Correcting amendment. SUMMARY: The Department of Veterans Affairs

(VA)published a document in the **Federal Register** on April 5, 2007 (72 FR 16962), amending the regulations governing various aspects of the education programs that VA administers. That document contained several technical errors: reference to two subparts that were not specifically identified, incorrect words used to identify the individuals eligible for a particular program of educational assistance, and incorrect references when citing to other provisions of VA's regulations. This document corrects those errors. DATES: *Effective Date:* June 29, 2007. *Applicability Dates:* The corrections to § 21.4131(a)(ii) and

(d)(concerning educational assistance for licensing and certification tests) are applied retroactively to March 1, 2001. The corrections to §§ 21.7075 and 21.7142(b) (concerning “tuition assistance top-up”) are applied retroactively to October 30, 2000. These accord with the applicability dates stated under DATES at 72 FR 16962 for provisions with those respective subject matters. FOR FURTHER INFORMATION CONTACT: Diane M. Walters, Management and Program Analyst, Education Service, Veterans Benefits Administration, Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., Washington, DC 20420,

(202)461-9849. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: On April 5, 2007, VA published a document in the **Federal Register** (72 FR 16962) amending its education regulations to implement VA's authority under the Veterans Benefits and Health Care Improvement Act of 2000, the Veterans Claims Assistance Act of 2000, and the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. In part, these Acts provided educational assistance under the Survivors' and Dependents' Educational Assistance Program (DEA), the Post-Vietnam Era Veterans' Educational Assistance Program, and the Montgomery GI Bill-Active Duty for the cost of taking tests for licensure or certification. In subpart D, in the introductory text of § 21.4131, we made reference to subparts C and G, but in subsequent paragraphs (a)(2)(ii) and (d)(2)(ii), we referred to “this subpart” rather than identifying the applicable subparts. This document corrects that error by specifying “subpart G” in paragraph (a)(2)(ii) and “subpart C” in paragraph (d)(2)(ii). In § 21.4131(d), in describing individuals eligible for DEA, the provisions of § 21.4131(d) introductory text properly refer to “a person eligible to receive educational assistance under 38 U.S.C. chapter 35” and in § 21.4131(d)(1)(i) properly refer to “the eligible person”, but when amending § 21.4131(d)(2) we twice incorrectly referred instead to “the veteran or servicemember”, even though individuals eligible for DEA need not have had any military service. This document corrects that error by referring instead to “the eligible person” in the first instance and “he or she” in the second instance. When revising § 21.7075, a typographical error occurred in the last sentence of § 21.7075, in the cross-reference citation. This document corrects that error by removing “§ 21.7076(b)(11)” and replacing it with “§ 21.7076(b)(10)”. Lastly, when revising § 21.7142, we mistakenly in § 21.7142(b)(5)(ii) cited to the wrong paragraphs. This document corrects that error by removing “paragraph (a)(1) or (a)(2)” and replacing it with “paragraph (b)(1) or (b)(2)”. List of Subjects in 38 CFR Part 21 Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Education, Employment, Grant programs—education, Grant programs—veterans, Health care, Loan programs—education, Loan programs—veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation. Approved: June 25, 2007. Robert C. McFetridge, Assistant to the Secretary for Regulation Policy and Management. For the reasons set out in the preamble, VA is correcting 38 CFR part 21 (subparts D and K) as set forth below: PART 21—VOCATIONAL REHABILITATION AND EDUCATION Subpart D—Administration of Educational Assistance Programs 1. The authority citation for part 21, subpart D continues to read as follows: Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, and as noted in specific sections. 2. Amend § 21.4131 by: a. In paragraph (a)(2)(ii), removing “this subpart” and adding, in its place, “subpart G”. b. In paragraph (d)(2) introductory text, removing “veteran or servicemember” and adding, in its place, “eligible person”. c. In paragraph (d)(2)(ii), removing “the veteran or servicemember” and adding, in its place, “he or she” and removing “this subpart” and adding, in its place, “subpart C”. Subpart K—All Volunteer Force Educational Assistance Program (Montgomery GI Bill—Active Duty) 3. The authority citation for part 21, subpart K continues to read as follows: Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections. § 21.7075 [Amended] 4. Amend § 21.7075 by removing “§ 21.7076(b)(11)” and adding, in its place, § 21.7076(b)(10)”. § 21.7142 [Amended] 5. Amend § 21.7142(b)(5)(ii) by removing “paragraph (a)(1) or (a)(2)” and adding, in its place, “paragraph (b)(1) or (b)(2)”. [FR Doc. E7-12589 Filed 6-28-07; 8:45 am] BILLING CODE 8320-01-P POSTAL SERVICE 39 CFR Part 955 Rules of Practice Before the Board of Contract Appeals AGENCY: Postal Service. ACTION: Final rule. SUMMARY: The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals. EFFECTIVE DATE: June 29, 2007. FOR FURTHER INFORMATION CONTACT: Diane M. Mego,

(703)812-1905. SUPPLEMENTARY INFORMATION: The John Warner National Defense Authorization Act for Fiscal Year 2007 (109 Pub. L. 364, 120 Stat. 2083 (Oct. 17, 2006)) amended the Contract Disputes Act to require boards of contract appeals to provide a procedure for the disposition of an appeal from a small business concern when the amount in dispute is $150,000 or less. This rule amends 39 CFR part 955 to conform to the statutory change and to make other technical changes to the Small Claims (Expedited) and Accelerated procedure rules before the Board. These revisions are a statutorily mandated change in agency rules of procedure and make other technical changes to the Board's rules of procedure that do not substantially affect any rights or obligations of private parties. Therefore, it is appropriate for their adoption by the Postal Service to become effective immediately. List of Subjects in 39 CFR Part 955 Administrative practice and procedure, Contract Disputes Act of 1978, Postal Service. Accordingly, the Postal Service adopts amendments to 39 CFR part 955 as specifically set forth below: PART 955—[AMENDED] 1. The authority citation for part 955 continues to read as follows: Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608. 2. Section 955.13 is revised to read as follows: § 955.13 Optional Small Claims (Expedited) and Accelerated Procedures.

(a)*The SMALL CLAIMS (EXPEDITED) Procedure.*

(1)The SMALL CLAIMS (EXPEDITED) procedure is available solely at the election of the appellant. Such election requires decision of the appeal, whenever possible, within 120 days after the Board receives written notice of the appellant's election to utilize this procedure.

(2)The appellant may elect this procedure when

(i)There is a monetary amount in dispute and that amount is $50,000 or less, or

(ii)There is a monetary amount in dispute and that amount is $150,000 or less and the appellant is a small business concern (as that term is defined in the Small Business Act and regulations promulgated under the Act).

(3)In cases proceeding under the SMALL CLAIMS (EXPEDITED) procedure, the respondent shall send the Board a copy of the contract, the contracting officer's final decision, and the appellant's claim letter or letters, if any, within ten days from the respondent's first receipt from either the appellant or the Board of a copy of the appellant's notice of election of the SMALL CLAIMS (EXPEDITED) procedure. If either party requests an oral hearing in accordance with § 955.9, the Board shall promptly schedule such a hearing for a mutually convenient time consistent with administrative due process and the 120-day limit for a decision, at a place determined under § 955.18. If a hearing is not requested by either party, the appeal shall be deemed to have been submitted under § 955.12 without a hearing.

(4)Promptly after receipt of the appellant's election of the SMALL CLAIMS (EXPEDITED) procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. Pleadings, discovery, and other prehearing activities may be restricted or eliminated at the Board's discretion as necessary to enable the Board to decide the appeal within 120 days after the Board has received the appellant's notice of election of the SMALL CLAIMS (EXPEDITED) procedure. In so doing, the Board may reserve whatever time up to 30 days it considers necessary for preparation of the decision.

(5)Written decision by the Board in cases processed under the SMALL CLAIMS (EXPEDITED) procedure will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Board by a single Administrative Judge. If there has been a hearing, the Administrative Judge presiding at the hearing may, in his or her discretion, at the conclusion of the hearing and after entertaining such oral arguments as he or she deems appropriate, render on the record oral summary findings of fact, conclusions of law, and a decision of the appeal. Whenever such an oral decision is rendered, the Board will subsequently furnish the parties a printed copy of such oral decision for the record and payment purposes and for the establishment of the commencement date of the period for filing a motion for reconsideration under § 955.30.

(6)Decisions of the Board under the SMALL CLAIMS (EXPEDITED) procedure will not be published, will have no value as precedents, and in the absence of fraud, cannot be appealed.

(b)*The ACCELERATED Procedure.*

(1)This procedure is available solely at the election of the appellant and shall apply only to appeals where there is a monetary amount in dispute and the amount in dispute is $100,000 or less. Such election requires decision of the appeal, whenever possible, within 180 days after the Board receives written notice of the appellant's election to utilize this procedure.

(2)Promptly after receipt of the appellant's election of the ACCELERATED procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. The Board, in its discretion, may shorten time periods prescribed elsewhere in these Rules as necessary to enable the Board to decide the appeal within 180 days after the Board has received the appellant's notice of election of the ACCELERATED procedure.

(3)Written decisions by the Board in cases processed under the ACCELERATED procedure will normally be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Board by a single Administrative Judge with the concurrence of the Chairman or Vice Chairman or other designated Administrative Judge, or by a majority among these two and an additional designated member in case of disagreement. In cases where the amount in dispute is $50,000 or less and in which there has been a hearing, the single Administrative Judge presiding at the hearing may, with the concurrence of both parties, convert the appeal to a SMALL CLAIMS (EXPEDITED) proceeding and at the conclusion of the hearing, after entertaining such oral arguments as he or she deems appropriate, render on the record oral summary findings of fact, conclusions of law, and a decision of the appeal. Whenever such an oral decision is rendered, the Board will subsequently furnish the parties a printed copy of such oral decision for record and payment purposes and to establish the date of commencement of the period for filing a motion for reconsideration under § 955.30.

(c)At the request of Respondent, or on its own initiative, the Board may determine whether the amount in dispute and/or the appellant's status make the election of the SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure inappropriate.

(d)*Motions for Reconsideration in Cases Arising Under § 955.13.* Motions for reconsideration of cases decided under either the SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure need not be decided within the time periods prescribed by this § 955.13 for the initial decision of the appeal, but all such motions shall be processed and decided rapidly so as to fulfill the intent of this section.

(e)Except as herein modified, the rules of this part 955 otherwise apply in all aspects. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. E7-12491 Filed 6-28-07; 8:45 am] BILLING CODE 7710-12-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 Requirements for Preparation, Adoption, and Submittal of Implementation Plans CFR Correction In Title 40 of the Code of Federal Regulations, Parts 50 to 51, revised as of July 1, 2006, in Appendix S to Part 51, on page 483, reinstate paragraph II.A.4(iii) to read as follows: Appendix S to Part 51—Emission Offset Interpretative Ruling II.* * * A.* * * 4.* * *

(iii)The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this ruling whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: ( *a* ) Coal cleaning plants (with thermal dryers); ( *b* ) Kraft pulp mills; ( *c* ) Portland cement plants; ( *d* ) Primary zinc smelters; ( *e* ) Iron and steel mills; ( *f* ) Primary aluminum ore reduction plants; ( *g* ) Primary copper smelters; ( *h* ) Municipal incinerators capable of charging more than 250 tons of refuse per day; ( *i* ) Hydrofluoric, sulfuric, or nitric acid plants; ( *j* ) Petroleum refineries; ( *k* ) Lime plants; ( *l* ) Phosphate rock processing plants; ( *m* ) Coke oven batteries; ( *n* ) Sulfur recovery plants; ( *o* ) Carbon black plants (furnace process); ( *p* ) Primary lead smelters; ( *q* ) Fuel conversion plants; ( *r* ) Sintering plants; ( *s* ) Secondary metal production plants; ( *t* ) Chemical process plants; ( *u* ) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; ( *v* ) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; ( *w* ) Taconite ore processing plants; ( *x* ) Glass fiber processing plants; ( *y* ) Charcoal production plants; ( *z* ) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; ( *aa* ) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. [FR Doc. 07-55507 Filed 6-28-07; 8:45 am]

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