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Code · REGISTER · 2007-07-13 · PROPOSED RULES · Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Alzheimer's Disease Demonstration Grants to St · Unknown

Unknown. Interim final rule with request for comments

12,866 words·~58 min read·/register/2007/07/13/07-3425

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-07-13.xml --- 72 134 Friday, July 13, 2007 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Alzheimer's Disease Demonstration Grants to States Program, 38597-38598 07-3433 Agricultural Agricultural Marketing Service RULES Kiwifruit research, promotion, and consumer Information order; correction, 38467 E7-13546 Papayas grown in Hawaii, 38465-38467 E7-13580 Prunes (fresh) grown in Washington and Oregon, 38463-38465 E7-13583 PROPOSED RULES Apricots grown in Washington, 38496-38498 E7-13581 Walnuts grown in California, 38498-38511 07-3412 Agricultural Agricultural Research Service NOTICES Meetings:
Biotechnology and 21st Century Agriculture Advisory Committee, 38550-38551 E7-13680 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38550 E7-13688 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38551-38555 E7-13652 E7-13683 E7-13686 E7-13687 Environmental statements; availability, etc.:
Genetically engineered tobacco; antibody production; field release, 38555-38556 E7-13660 Nonregulated status determinations— Agricultural Research Service; plum genetically engineered for resistance to plum pox virus, 38556-38557 E7-13649 Antitrust Antitrust Division NOTICES National cooperative research notifications: Global Human Body Models Consortium, 38617 07-3410 Interchangeable Virtual Instruments Foundation, Inc., 38617-38618 07-3414 Joint Venture Under ATP Award No. 70NANB4H3027, 38618 07-3419 Network Centric Operations Industry Consortium, Inc., 38618 07-3409 Open DeviceNet Vendor Association, Inc., 38618-38619 07-3413 Portland Cement Association, 38619 07-3415 PXI Systems Alliance, Inc., 38619 07-3417 Security Work Order Collaboration, 38619 07-3411 Semiconductor Test Consortium, Inc., 38619-38620 07-3418 Southwest Research Institute, 38620 07-3416 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 38598-38600 E7-13597 E7-13605 Meetings:
Childhood Lead Poisoning Prevention Advisory Committee, 38600 E7-13596 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 38600 E7-13602 Organization, functions, and authority delegations: Extramural Research Program Office, 38600-38601 07-3427 Centers Centers for Medicare & Medicaid Services RULES Medicaid: Citizenship documentation requirements; Federal financial participation, 38662-38697 07-3291 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38601-38602 E7-13412 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Milwaukee Harbor, Milwaukee, WI, 38488 E7-13575 Transportation Worker Identification Credential Program; maritime sector implementation: Commercial driver's license hazardous materials endorsement Compliance date extension, 38486-38488 07-3447 NOTICES Meetings: Lower Mississippi River Waterway Safety Advisory Committee, 38607-38608 07-3424 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 38561-38562 E7-13613 E7-13614 Commodity Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 38567 07-3459 Defense Defense Department See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 38568-38572 E7-13570 E7-13573 E7-13574 E7-13584 E7-13585 E7-13661 E7-13662 E7-13709 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38620-38621 E7-13554 Alien temporary employment labor certification process:
Non-agricultural occupations; H-2B temporary certification procedures, 38621-38625 E7-13656 Energy Energy Department NOTICES Defense Nuclear Facilities Safety Board recommendations: Radioactive materials; safety-related in situ nondestructive assay, 38573 07-3431 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— Interstate ozone transport and nitrogen oxides reduction; petition for reconsideration findings for Georgia, 38538-38539 E7-13622 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38573-38575 E7-13623 Environmental statements; availability, etc.:
Agency comment availability, 38575-38576 E7-13659 Agency weekly receipts, 38576-38577 E7-13670 Pesticide programs: Endocrine Disruptor Screening Program; assay peer review process, 38577-38580 E7-13672 Superfund; response and remedial actions, proposed settlements, etc.: Georgia-Pacific Hardwood Site, NC, 38580-38581 E7-13628 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Standard instrument approach procedures, 38469-38470 E7-13267 PROPOSED RULES Airworthiness directives:
Bell Helicopter Textron Canada Ltd., 38527-38529 E7-13607 Eurocopter France, 38529-38532 E7-13624 Trimble or FreeFlight Systems, 38532-38533 E7-13606 Airworthiness standards: Transport category airplanes— Operators of private use airplanes; cabin interior criteria, 38732-38745 E7-13582 NOTICES Aeronautical land-use assurance; waivers: Evansville Regional Airport, IN, 38649-38650 07-3405 Airport noise compatibility program: Laredo International Airport, TX, 38650-38651 07-3407 Shreveport Regional Airport, LA, 38651-38653 07-3406 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:
North Carolina, 38492-38495 E7-13603 Various States, 38488-38492 E7-13618 PROPOSED RULES Flood elevation determinations: Various States, 38539-38548 E7-13609 E7-13616 NOTICES Disaster and emergency areas: Kansas, 38608 E7-13612 Nebraska, 38608 E7-13610 New York, 38608-38609 E7-13615 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review; members selected for review; list, 38581-38589 E7-13147 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 38589-38590 E7-13620 Permissible nonbanking activities, 38590 E7-13621 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Global Harmonization Task Force Study Groups; proposed and final documents, 38602-38603 E7-13664 International Conference on Harmonisation— Q10 Pharmaceutical Quality System, 38604-38605 E7-13667 Food Food Safety and Inspection Service RULES Meat and poultry inspection: Bovine spongiform encephalopathy policies— Specified risk materials use for human food prohibition; non-ambulatory disabled cattle disposition requirements; stunning devices use prohibition, 38700-38730 07-3350 Federal Meat Inspection and Poultry Products Inspection Acts;
State designations— New Mexico, 38467-38468 E7-13650 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* North Carolina NACCO Materials Handling Group, Inc.; forklift truck manufacturing facility, 38562 E7-13657 Forest Forest Service NOTICES Recreation fee areas: Coconino National Forest, AZ; Apache Maid Cabin rental fee, 38557 07-3429 Coronado National Forest, AZ; Headquarters Building rental fee, 38557-38558 07-3428 Reports and guidance documents; availability, etc.:
Forest inventory and analysis RPA assessment review tables, 38558 E7-13589 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38590 E7-13691 Grants and cooperative agreements; availability, etc.:
Disease Prevention and Health Promotion Scholarship Program, 38590-38596 E7-13701 Family Planning Services Program; correction, 38596-38597 E7-13700 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38605-38607 E7-13626 E7-13627 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection PROPOSED RULES Acquisition regulations:
One-step turnkey design-build contracts; U.S. Coast Guard facilities, 38548-38549 E7-13646 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 38609-38611 E7-13676 E7-13677 E7-13678 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 38611 07-3349 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source:
Employee withholding exemption certificates; submission and notification guidance, 38478-38484 E7-13492 Income taxes: Foreign and foreign-owned domestic corporations; required information returns, 38475-38477 E7-13587 Nonqualified deferred compensation plans; section 409A application Correction, 38477-38478 E7-13588 Partnerships: treatment of controlled foreign corporation's distributive share of partnership income; guidance under subpart F, 38474-38475 E7-13496 PROPOSED RULES Employment taxes and collection of income taxes at source:
Payment card transactions; information reporting requirements and penalties and backup withholding requirements, 38534-38538 E7-13493 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38656-38658 E7-13625 E7-13641 E7-13642 E7-13643 International International Trade Administration NOTICES Antidumping: Non-malleable cast iron pipe fittings from— China, 38563-38564 E7-13655 Countervailing duties: Cut-to-length carbon-quality steel plate from— Korea, 38565-38566 E7-13653 *Applications, hearings, determinations, etc.:* University of— Minnesota et al., 38564-38565 E7-13651 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration See Labor-Management Standards Office See Occupational Safety and Health Administration Labor Labor-Management Standards Office RULES Labor-management standards:
Labor organization officer and employee report; Form LM-30, instructions, and related provisions revised Correction, 38484 E7-13534 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Idaho, 38611-38612 E7-13682 Nevada, 38612-38614 E7-13679 Recreation fee areas: Lake Coeur d’Alene, Kootenai County, ID; Mineral Ridge Public Boat Launch site, 38614-38615 E7-13692 Resource management plans, etc.: Kemmerer Field Office planning area, WY, 38615-38617 E7-13702 Legal Legal Services Corporation NOTICES Meetings;
Sunshine Act, 38626 07-3454 Management Management and Budget Office NOTICES Federal Activities Inventory Reform Act of 1998; implementation: Agency inventories of activities that are and are not inherently governmental; availability, 38630-38631 E7-13562 National Institute National Institute of Standards and Technology NOTICES Information processing standards, Federal: Cryptographic modules; security requirements, 38566-38567 E7-13654 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:
New England Fishery Management Council, 38567 E7-13561 National Park National Park Service NOTICES Environmental statements; record of decision: Saguaro National Park, AZ; fire management plan, 38617 07-3288 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 38627 07-3423 NRCS Natural Resources Conservation Service NOTICES Environmental statements; record of decision: East Texas to Mississippi Expansion Project, LA, 38558-38559 E7-13644 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 38568 E7-13645 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:
Approved spent fuel storage casks; list, 38468-38469 E7-13681 NOTICES Environmental statements; availability, etc.: Aptuit, Inc., 38629-38630 E7-13685 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 38627-38629 E7-13611 Occupational Occupational Safety and Health Administration NOTICES Meetings: Maritime Advisory Committee for Occupational Safety and Health, 38625-38626 E7-13617 Office Office of Management and Budget See Management and Budget Office Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:
Allocation of assets— Benefits payable in terminated plans; interest assumptions for valuing and paying benefits, 38484-38486 E7-13594 NOTICES Single-employer plans: Interest rates and assumptions, 38631-38632 E7-13595 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 38632-38634 E7-13689 E7-13690 RUS Rural Utilities Service PROPOSED RULES Rural Development Electric Programs borrowers; accounting requirements, 38511-38526 E7-13389 NOTICES Environmental statements; availability, etc.:
Norborne Baseload Plant, MO, 38559-38560 E7-13299 Environmental statements; notice of intent: KAMO Power, 38560-38561 E7-13590 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 38634-38636 E7-13598 Chicago Board Options Exchange, Inc., 38636-38637 E7-13592 International Securities Exchange, LLC, 38637-38639 E7-13601 NASDAQ Stock Market LLC, 38639-38641 E7-13578 National Association of Securities Dealers, Inc;, 38641-38643 E7-13599 New York Stock Exchange LLC, 38643-38645 E7-13593 Philadelphia Stock Exchange, Inc, 38645-38646 E7-13600 SBA Small Business Administration NOTICES Disaster loan areas:
California, 38647 E7-13674 Kansas, 38647-38648 E7-13647 E7-13668 E7-13671 Nebraska, 38648 E7-13666 New York, 38648-38649 E7-13673 Oklahoma, 38649 E7-13669 Meetings: District and regional advisory councils— North Florida, 38649 E7-13648 State State Department NOTICES Organization, functions, and authority delegations: Acting Deputy Director of U.S. Foreign Assistance, 38649 E7-13658 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38607 E7-13604 Surface Surface Transportation Board NOTICES Motor carrier applications, exemptions, etc.:
FirstGroup plc, 38654 E7-13540 Hotard, Callen, 38653-38654 E7-13533 Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 38654-38655 E7-13524 Indiana Rail Road Co., 38655 E7-13330 Nolan, John C., et al., 38655-38656 E7-13355 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Merchandise, special classes: Import restrictions— Cyprus; pre-classical and classical archaeological objects and Byzantine Period ecclesiastical and ritual ethnological material, 38470-38474 07-3425 MISSING FOR:
U.S. Customs and Border Protection U.S. Customs and Border Protection RULES Merchandise, special classes: Import restrictions— Cyprus; pre-classical and classical archaeological objects and Byzantine Period ecclesiastical and ritual ethnological material, 38470-38474 07-3425 Veterans Veterans Affairs Department NOTICES Meetings: Health Services Research and Development Service Merit Review Board, 38658-38659 07-3426 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 38662-38697 07-3291 Part III Agriculture Department, Food Safety and Inspection Service, 38700-38730 07-3350 Part IV Transportation Department, Federal Aviation Administration, 38732-38745 E7-13582 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 134 Friday, July 13, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 924 [Docket No. AMS-FV-07-0087; FV07-924-1 IFR] Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, Oregon;
Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the Washington-Oregon Fresh Prune Marketing Committee (Committee) for the 2007-2008 and subsequent fiscal periods from $1.75 to $1.00 per ton of prunes handled. The Committee locally administers the marketing order, which regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon.
Assessments upon fresh prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective July 16, 2007. Comments received by September 11, 2007, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule.
Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202)720-8938; or Internet: *http://www.regulations.gov.* Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Robert J. Curry or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, suite 385, Portland, OR 97204; telephone:
(503)326-2724; Fax:
(503)326-7440; or E-mail: *Robert.Curry@usda.gov* or *GaryD.Olson@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491; Fax:
(202)720-8938; or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 924 (7 CFR part 924), regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Washington-Oregon prune handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable prunes beginning April 1, 2007, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established for the Committee for the 2007-2008 and subsequent fiscal periods from $1.75 to $1.00 per ton of prunes handled. The order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers in designated counties in Washington and in Umatilla County, Oregon. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate was formulated and discussed at a public meeting, thus all directly affected persons had an opportunity to participate and provide input. For the 2004-2005 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate of $1.75 per ton of fresh prunes handled. This assessment rate continues in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 29, 2007, and unanimously recommended 2007-2008 expenditures of $9,043 and a decreased assessment rate of $1.00 per ton. In comparison, last year's budgeted expenditures were $5,600. The assessment rate of $1.00 is $0.75 lower than the rate in effect since the 2004- 2005 fiscal period. The Committee recommended the assessment rate change for the purpose of lowering its monetary reserve to a level commensurate with the maximum permitted by the order of approximately one fiscal period's operational expenses (7 CFR 924.42). The major expenditures recommended by the Committee for the 2007-2008 fiscal period include $4,800 for the management fee, $1,000 for Committee travel expenses, $3,000 for the annual financial audit, and $100 for compliance. In comparison, budgeted expenses for the 2006-2007 season were $4,200, $800, $500, and $100, respectively. In addition, the Committee also budgeted an additional $343 this fiscal period to cover the cost of insurance, bonds, equipment maintenance, and other possible miscellaneous expenses. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington-Oregon prunes. Applying the $1.00 per ton assessment rate to the Committee's 4,400 ton crop estimate should provide $4,400 in assessment income. This assessment income in addition to approximately $4,643 from the Committee's reserve would be adequate to cover the recommended $9,043 budget for the 2007-2008 fiscal period. As of March 31, 2007, there was $8,815 in the Committee's reserve. The assessment rate established with this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although the assessment rate is effective for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate the Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2007-2008 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 215 producers of fresh prunes in the regulated production area and approximately 10 handlers subject to regulation under the order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. Based on information compiled by both the Committee and the National Agricultural Statistics Service, the average annual revenue from the sale of fresh prunes was approximately $8,440 per producer in 2006. This estimate is based on 215 producers with a total utilized production of 5,200 tons selling for an average of $349 per ton. In addition, based on Committee records and 2006 f.o.b. prices ranging from $14.00 to $16.50 per 30-pound container as reported by AMS Market News Service, the entire Washington-Oregon fresh prune industry handled less than $6,500,000 worth of prunes last season. In view of the foregoing, the majority of Washington-Oregon fresh prune producers and handlers may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2007-2008 and subsequent fiscal periods from $1.75 to $1.00 per ton. The Committee unanimously recommended 2007-2008 expenditures of $9,043 and the $1.00 per ton assessment rate at the May 29, 2007 meeting. The assessment rate of $1.00 is $0.75 lower than the rate in effect since the 2004-2005 fiscal period. With an estimated 2007-2008 prune crop of 4,400 tons, income from the $1.00 assessment combined with funds from the Committee's monetary reserve should be adequate to cover budgeted expenses. The Committee recommended the lower assessment rate to help decrease the monetary reserve. Funds in the reserve ($8,815 as of March 31, 2007) will be kept within the maximum permitted by the order of approximately one fiscal period's operational expenses (§ 924.42). The major expenditures recommended by the Committee for the 2007-2008 fiscal period include $4,800 for the management fee, $1,000 for Committee travel expenses, $3,000 for the annual financial audit, and $100 for compliance. The Committee discussed alternatives to this rule, including alternative expenditure levels. Higher assessment rates were considered, but not recommended because of the potential of generating too much income and thus maintaining the reserve fund at an amount higher than program requirements allow. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2007-2008 season could average about $325 per ton. Therefore, the estimated assessment revenue for the 2007-2008 fiscal period as a percentage of total producer revenue could approximate 0.31 percent. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Washington-Oregon fresh prune industry and all interested persons were invited to attend and participate in the Committee's deliberations on all issues. Like all Committee meetings, the May 29, 2007 meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. This action imposes no additional reporting or recordkeeping requirements on either small or large Washington-Oregon fresh prune handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Furthermore, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ama.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:
(1)The 2007-2008 fiscal period began on April 1, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable Washington-Oregon fresh prunes handled during such fiscal period;
(2)this action decreases the assessment rate for assessable prunes beginning with the 2007-2008 fiscal period;
(3)handlers are aware of this action, which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; and
(4)this interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 924 Plums, Prunes, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 924 is amended as follows: PART 924—FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREGON 1. The authority citation for 7 CFR part 924 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 924.236 is revised to read as follows: § 924.236 Assessment rate. On or after April 1, 2007, an assessment rate of $1.00 per ton is established for the Washington-Oregon Fresh Prune Marketing Committee. Dated: July 9, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-13583 Filed 7-12-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 928 Docket No. AMS-FV-07-0024; FV02-928-3 FR] Papayas Grown in Hawaii; Termination of Marketing Order 928 and Implementing Rules and Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule, termination order. SUMMARY: This final rule terminates the Federal marketing order (order) for papayas grown in Hawaii, and the rules and regulations established under the order. The Department of Agriculture
(USDA)previously determined the order should be terminated due to the results of a referendum in which growers indicated a lack of support for the continuation of the order. However, USDA postponed the termination until licensing agreements regarding development and use of transgenic papaya varieties could be resolved. Sufficient time has elapsed for the industry to resolve any outstanding licensing issues. Therefore, USDA is proceeding with the termination of the order. DATES: Effective Date: July 16, 2007. FOR FURTHER INFORMATION CONTACT: Marc McFetridge, Marketing Specialist, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Ave., SW., Stop 0237, Washington, DC 20250-0237; telephone
(202)720-1509, Fax
(202)720-8938; or *Marc.McFetridge@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491, Fax:
(202)720-8938, or e-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This action is being taken pursuant to § 608c(16)(A) of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act,” and § 928.64 of the order. USDA is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule terminates the marketing order for papayas grown in Hawaii and the rules and regulations issued thereunder. The order provides the authority to regulate the handling of papayas grown in Hawaii and was administered locally by the Papaya Administrative Committee (PAC). The order has been in effect since 1971. The order authorizes the establishment of grade, size, quality, pack, and container requirements. The order also authorizes production and marketing research, market development, and paid advertising for Hawaii papayas. The program was funded by assessments imposed on papaya handlers. Section 928.64(e) of the order specifies that continuance referenda must be conducted among papaya producers every sixth year before October 1. In accordance with this section, USDA conducted a referendum among papaya growers during the period from May 6 to May 31, 2002, to determine if they favored continuation of their program. The referendum order provided that USDA would consider terminating the provisions of the order if less than two-thirds of the number of growers voting and growers of less than two-thirds of the papaya volume represented in the referendum favored continuance. Ballots were mailed to 462 known papaya growers in Hawaii. By the close of the voting period, 55 valid votes had been cast. The results show that 49 percent of the growers voting, who produced 21 percent of the volume represented in the referendum, favored continuation of the program. The order failed to pass both criteria for continuance, demonstrating a lack of producer support needed to carry out the objectives of the Act. Thus, USDA determined that the order should be terminated. However, the papaya industry requested that USDA postpone the termination of the order until licensing issues concerning development and use of transgenic papaya varieties were resolved. It was important for the industry to continue to commercially grow and sell the transgenic papayas. The PAC was authorized to use the patented papayas varieties and wished to transfer this authority to another entity before dissolution of the PAC with the termination of the order. USDA agreed to postpone the termination allowing the PAC to remain in existence while the issues were resolved. USDA has been in contact with the papaya industry periodically to monitor the papaya industry's progress in resolving the licensing issues. According to the president of the HPIA, the agreements were expected to be finalized within a few months. Sufficient time has elapsed for the industry to resolve any outstanding licensing issues. Therefore, USDA is proceeding with the termination of the order. Pursuant to section 608c(16)(A) of the Act and § 928.64 of the order, it has been previously found that the order provisions should be terminated. Section 608c(16)(A) of the Act requires USDA to notify Congress at least 60 days before terminating a Federal marketing order program. Congress was so notified on July 12, 2002. Effective August 1, 2002 (67 FR 50581), the reporting and assessment requirements specified in §§ 928.160 and 928.226, respectively, were suspended. This termination order removes these provisions and other rules and regulations established under the order. Pursuant to § 928.65 of the order, the members of the Papaya Administrative Committee shall serve as trustees to conclude and liquidate the affairs of the committee. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that those small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. In 2005 there were 205 producers of papayas in the production area and approximately 60 handlers. Small agricultural producers are defined as those having annual receipts of less than $750,000, and small agricultural service firms, which include handlers, are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $6,500,000. Based on a reported average Philadelphia wholesale terminal market price in 2006 for fresh papayas of $0.53 per pound, a handler would have to ship in excess of 12 million pounds to have annual receipts of $6.5 million in 2006. Based on a reported average grower price in 2006 of $0.391 per pound, and average annual industry shipments of approximately 28.7 million pounds in 2006, annual total grower revenues would be $11.2 million. Average annual grower revenue would, therefore, be $54,740 in 2006. Thus, the majority of handlers and producers of papayas may be classified as small entities, excluding receipts from other sources. This final rule terminates the Hawaii papaya marketing order and the rules and regulations established under the order. The order is being terminated because in a referendum held in 2002, papaya producers failed to support continuation of the program. The papaya industry requested postponing the termination of the order until licensing issues were resolved regarding development and use of transgenic papaya varieties. Sufficient time has elapsed for the industry to resolve any outstanding licensing issues. Therefore USDA is proceeding with the termination of the order. This action eliminates program requirements that were imposed on papaya handlers through July 31, 2002. Until that time, handlers were required to pay an assessment rate of $0.008 per pound handled. Additionally, handlers were required to file monthly reports with the committee. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements being terminated by this rule were previously approved by the Office of Management and Budget
(OMB)under OMB No. 0581-0102, Papayas Grown in Hawaii. This information collection was terminated by OMB on August 19, 2002. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter presented, including the results of a producer referendum held in 2002, it is hereby found that the papaya marketing order and the rules and regulations in effect under the order do not tend to effectuate the declared policy of the Act and, therefore, are terminated. It is further found that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because:
(1)This action relieves restrictions on handlers by terminating the requirements of the papaya marketing order;
(2)regulations under the order have been suspended for the past five crop years; and
(3)no useful purpose would be served by delaying the effective date. List of Subjects in 7 CFR Part 928 Marketing agreements, Papayas, Reporting and recordkeeping requirements. PART 928—[REMOVED] For the reasons set forth in the preamble, and under authority of 7 U.S.C. 601-674, 7 CFR part 928 is removed. Dated: July 9, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-13580 Filed 7-12-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1214 [Doc. No. AMS-FV-07-0052; FV-06-707-C] Kiwifruit Research, Promotion, and Consumer Information Order; Correction AGENCY: Agricultural Marketing Service, USDA. ACTION: Correcting amendment. SUMMARY: The Agricultural Marketing Service
(AMS)is removing from the Code of Federal Regulations
(CFR)its procedural regulations regarding the Kiwifruit Research, Promotion, and Consumer Information Order (Order), a program never implemented. EFFECTIVE DATE: July 14, 2007. FOR FURTHER INFORMATION CONTACT: Marlene M. Betts, Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, Stop 0244, 1400 Independence Avenue, SW., Room 0634-S, Washington, DC 20250-0244, telephone
(202)720-9915, fax
(202)205-2800, or e-mail *Marlene.Betts@usda.gov.* SUPPLEMENTARY INFORMATION: The Agricultural Marketing Service
(AMS)is removing from the Code of Federal Regulations (CFR), 7 CFR part 1214, Kiwifruit Research, Promotion, and Consumer Information Order (Order). The Order was authorized by the National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-7473). The proposed Order was published in the **Federal Register** on October 17, 1997, [62 FR 54314] and then again on November 10, 1998, [63 FR 62964] but never finalized. Nevertheless, final referendum procedures were published in the **Federal Register** on October 17, 1997, [62 FR 54310] and added to the CFR in Subpart C, along with reserved parts, Subpart A and Subpart B at 7 CFR part 1214. This action is needed to remove 7 CFR part 1214 from the CFR since the program was never implemented. This document provides for the removal of 7 CFR 1214 in its entirety. List of Subjects in 7 CFR Part 1214 Administrative practice and procedure, Advertising, Consumer Information, Marketing agreements, Kiwifruit, Promotion, Reporting and recordkeeping requirements. PART 1214—[REMOVED] Accordingly, under the authority of 7 U.S.C. 7461-7473, 7 CFR part 1214 is removed. Dated: July 9, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-13546 Filed 7-12-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 331 and 381 [Docket No. FSIS-2007-0023] RIN 0583-AD29 Designation of the State of New Mexico Under the Federal Meat Inspection Act and Poultry Products Inspection Act AGENCY: Food Safety and Inspection Service, USDA. ACTION: Final Rule. SUMMARY: The Food Safety and Inspection Service
(FSIS)is announcing that it is designating the State of New Mexico as a State to receive Federal inspection with respect to operations and transactions involving meat and poultry products within the State because representatives of the State have requested such designation. In response to the State's request, FSIS will assume responsibility for the meat and poultry inspection programs in the State of New Mexico on August 13, 2007. Therefore, FSIS is amending the Federal meat and poultry products inspection regulations by adding New Mexico to the list of designated States. DATES: This final rule will be effective on August 13, 2007. FOR FURTHER INFORMATION CONTACT: Ron Eckel, Chief Federal State Audit Branch, Internal Control Division, Office of Program Evaluation, Enforcement, and Review, Food Safety and Inspection Service, USDA, 1299 Farnam Street, Suite 300, Landmark Center Building, Omaha, Nebraska 68102; telephone 402-344-5000. SUPPLEMENTARY INFORMATION: FSIS has been delegated the authority to exercise the functions of the Secretary of Agriculture as specified in the Federal Meat Inspection Act
(FMIA)(21 U.S.C. 601, *et seq.* ) and the Poultry Products Inspection Act
(PPIA)(21 U.S.C. 451, *et seq.* ). These statutes provide that FSIS is to protect the public by verifying that meat and poultry products are safe, wholesome, unadulterated, and properly labeled and packaged. Under these statutes, a State may administer meat and poultry inspection programs provided that it has developed and is effectively enforcing inspection requirements at least equal to those imposed under titles I and IV of the FMIA and sections 1-4, 6-10, and 12-22 of the PPIA. If States can no longer effectively enforce meat and poultry inspection requirements at least equal to the Federal requirements, they must be “designated” by the Secretary to receive Federal inspection (21 U.S.C. 661(c) & 454(c)). The Governor of New Mexico sent a letter to the Secretary of the United States Department of Agriculture, dated June 22, 2007, requesting the designation of New Mexico for purposes of allowing FSIS to conduct food safety inspections of meat and poultry products within the State of New Mexico. Consequently, the Secretary of Agriculture is designating the State of New Mexico under 21 U.S.C. 661(c) of the FMIA and 21 U.S.C. 454(c) of the PPIA. On and after August 13, 2007, the provisions of titles I and IV of the FMIA and sections 1-4, 6-10, and 12-22 of the PPIA will apply to operations and transactions involving meat and poultry products within the State of New Mexico, unless exempt under 21 U.S.C. 623 or 661(c)(2) of the FMIA or 21 U.S.C. 454(c)(2) or 464 of the PPIA. Owners or operators of New Mexico's meat and poultry establishments wishing to continue operations after August 13, 2007, must contact the FSIS District Office in Denver, CO, in order to receive Federal inspection. This office will provide information concerning requirements and exemptions under the FMIA and the PPIA, applications for inspection, and requests for surveys of establishments. Address correspondence to Denver Federal Center, P.O. Box 25387, Building 45, Denver, CO 80225. Phone number:
(303)236-9800. The Acting Administrator, FSIS, has determined that there is good cause for issuing this final rule without prior notice and opportunity for public comment. FSIS has determined that it is in the public interest to ensure a smooth, orderly and expeditious transition to Federal inspection. Representatives of the State of New Mexico have requested that the State be designated to receive Federal inspection with respect to operations and transactions involving meat and poultry products within the State. The Agency is mandated by law to assume the responsibility for administering the New Mexico meat and poultry inspection programs. It is necessary, therefore, to designate the State of New Mexico, in accordance with the FMIA (21 U.S.C. 661(c)) and the PPIA (21 U.S.C. 454(c)), in order to carry out the Secretary's responsibilities under the FMIA and the PPIA. In addition, it does not appear that new, relevant information would be made available to the Secretary by public participation in this rulemaking. Accordingly, under the administrative procedures in 5 U.S.C. 553, FSIS finds good cause to conclude that notice and other public procedures are unnecessary and contrary to the public interest. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant under Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. The Acting Administrator, FSIS, has determined that this final rule will not have a significant economic impact on a substantial number of small entities. FSIS, pursuant to law, is assuming the responsibility, previously held by the State of New Mexico, of administering the meat and poultry inspection programs with respect to operations and transactions within the State of New Mexico. This action will affect approximately 25 meat and poultry establishments. Most, if not all, are very small establishments. In addition, there are approximately 30 custom exempt facilities in New Mexico, all small entities. However, this is not a substantial number of either very small establishments or custom exempt facilities. There are approximately 5,070 very small meat and poultry establishments nationwide, which are either federally or State inspected, and approximately 3,135 custom-exempt facilities nationwide. In addition, it is not anticipated that significant costs will be incurred by these establishments in New Mexico as a result of these actions. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. However, the administrative procedures specified in 9 CFR 306.5 and 381.35 must be exhausted prior to any judicial challenge of the application of the provisions of this rule, if the challenge involves any decision of an FSIS employee relating to inspection services provided under the FMIA or the PPIA. Paperwork Requirements This final rule has been reviewed under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and the Agency has determined that it imposes no new paperwork requirements. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS web page located at *http://www.fsis.usda.gov/regulations/2007_Interim_&_Final_Rules_Index/index.asp* . FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. List of Subjects 9 CFR Part 331 Meat inspection. 9 CFR Part 381 Poultry and poultry products. Accordingly, 9 CFR parts 331 and 381 are amended as follows: PART 331—SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES; AND FOR DESIGNATION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH AND FOR SUCH DESIGNATED ESTABLISHMENTS 1. The authority citation for part 331 continues to read as follows: Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53. § 331.2 [Amended] 2. The table in § 331.2 is amended in the “State” column by adding “New Mexico” as the entry immediately above “New York” and in the “Effective date of application of Federal provisions” column, by adding “August 13, 2007” on the line with “New Mexico.” PART 381—POULTRY PRODUCTS INSPECTION 3. The authority citation for part 381 continues to read as follows: Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18, 2.53. § 381.221 [Amended] 4. The table in § 381.221 is amended in the “States” column by adding “New Mexico” as the entry immediately above “New York” and in the “Effective date of application of Federal provisions” column, by adding “August 13, 2007,” on the line with “New Mexico.” Done at Washington, DC, on: July 10, 2007. David P. Goldman, Acting Administrator. [FR Doc. E7-13650 Filed 7-12-07; 8:45 am] BILLING CODE 3410-DM-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AI13 List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 5, Confirmation of Effective Date AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule: Confirmation of effective date. SUMMARY: The Nuclear Regulatory Commission
(NRC)is confirming the effective date of July 24, 2007, for the direct final rule that was published in the **Federal Register** on May 10, 2007 (72 FR 26535). This direct final rule amended the NRC's regulations to revise the NAC-MPC cask system listing to include Amendment No. 5 to Certificate of Compliance
(CoC)No. 1025. EFFECTIVE DATE: The effective date of July 24, 2007, is confirmed for this direct final rule. ADDRESSES: Documents related to this rulemaking, including comments received, may be examined at the NRC Public Document Room, located at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. These same documents may also be viewed and downloaded electronically via the rulemaking Web site ( *http://ruleforum.llnl.gov* ). For information about the interactive rulemaking Web site, contact Ms. Carol Gallagher
(301)415-5905; e-mail *CAG@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone
(301)415-6219, e-mail *jmm2@nrc.gov.* SUPPLEMENTARY INFORMATION: On May 10, 2007 (72 FR 26535), the NRC published a direct final rule amending its regulations in 10 CFR Part 72 to revise the NAC-MPC cask system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 5 to CoC No. 1025. This amendment revises Technical Specifications to incorporate changes to the reporting and monitoring requirements, to incorporate guidance from NRC Interim Staff Guidance-22, and to include editorial changes for clarity. The amendment also revises the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks. In the direct final rule, NRC stated that if no significant adverse comments were received, the direct final rule would become final on July 24, 2007. The NRC did not receive any comments that warranted withdrawal of the direct final rule. Therefore, this rule will become effective as scheduled. Dated at Rockville, Maryland, this 9th day of July, 2007. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration. [FR Doc. E7-13681 Filed 7-12-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30559; Amdt. No. 3226] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective July 13, 2007. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 13, 2007. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* *For Purchase* —Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on June 29, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35, and 97.37 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, LDA w/GS, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, MLS, TLS, GLS, WAAS PA, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; § 97.35 COPTER SIAPs, § 97.37 Takeoff Minima and Obstacle Departure Procedures. Identified as follows: Effective Upon Publication FDC date State City Airport FDC No. Subject 6/18/07 NV FALLON FALLON MUNI 7/4909 VOR/DME OR GPS-B, AMDT 3 [FR Doc. E7-13267 Filed 7-12-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 07-52] RIN 1505-AB80 Extension of Import Restrictions Imposed on Pre-Classical and Classical Archaeological Objects and Byzantine Period Ecclesiastical and Ritual Ethnological Material From Cyprus AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. SUMMARY: This document amends U.S. Customs and Border Protection
(CBP)regulations to reflect the extension of import restrictions on Pre-Classical and Classical Archaeological Objects and Byzantine Ecclesiastical and Ritual Ethnological Material from Cyprus which were imposed by Treasury Decision (T.D.) 02-37 and CBP Dec. 06-22. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This document also contains the Designated List of Archaeological Objects and Ethnological Material that describes the articles to which the restrictions apply. Note that one subcategory, Coins of Cypriot Types, has been added to the category entitled Metal. EFFECTIVE DATE: July 16, 2007. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Intellectual Property Rights and Restricted Merchandise Branch,
(202)572-8710. For operational aspects, Michael Craig, Chief, Other Government Agencies Branch,
(202)344-1684. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 *et seq.* ), the United States entered into a bilateral agreement with the Republic of Cyprus on July 16, 2002, concerning the imposition of import restrictions on certain archaeological material of Cyprus representing the Pre-Classical and Classical periods of its cultural heritage. On July 19, 2002, the former United States Customs Service published Treasury Decision (T.D.) 02-37 in the **Federal Register** (67 FR 47447), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, and included a list designating the types of archaeological materials covered by the restrictions. Import restrictions listed in 19 CFR 12.104g(a) are “effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists” (19 CFR 12.104g(a)). T.D. 02-37 is set to expire on July 16, 2007. We note that prior to the issuance of T.D. 02-37, the former United States Customs Service had issued T.D. 99-35 (64 FR 17529, April 12, 1999) imposing “emergency” import restrictions on certain Byzantine Ecclesiastical and Ritual Ethnological Material from Cyprus. Under T.D. 99-35, Sec. 12.104g(b) (19 CFR 12.104g(b)) of the regulations pertaining to emergency import restrictions was amended accordingly. This emergency protection was extended in CBP Dec. 03-25 (68 FR 51903, August 29, 2003). The ethnological material protected by the emergency restrictions was not covered by the 2002 bilateral agreement and the 2002 Treasury Decision. On August 17, 2006, the Republic of Cyprus and the United States amended the bilateral agreement of July 16, 2002, to include the list of Byzantine Ecclesiastical and Ritual Ethnological Material from Cyprus that was protected pursuant to the emergency action. The amendment of the bilateral agreement to include this material was reflected in CBP Dec. 06-22, which was published in the **Federal Register** (71 FR 51724) on August 31, 2006. CBP Dec. 06-22 set forth the list of Byzantine Ecclesiastical and Ritual Ethnological Material from Cyprus that was previously protected pursuant to emergency action and announced that import restrictions were now imposed on this cultural property pursuant to the amended bilateral agreement. The amended bilateral agreement is set to expire on July 16, 2007, unless extended by the Parties. After reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Cyprus continues to be in jeopardy from pillage of certain archaeological objects and ethnological materials, made the necessary determination to extend the import restrictions on all the cultural property encompassed by the amended bilateral agreement for an additional five years on May 30, 2007. In addition to all the previously protected cultural material, import restrictions are also being imposed on a new subcategory of objects (Coins). Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions on the currently protected cultural property as well as the new subcategory. The Designated List of articles that are protected pursuant to the bilateral agreement, as extended, on Pre-Classical and Classical Archaeological Objects and Byzantine Period Ecclesiastical and Ritual Ethnological Material from Cyprus has been revised and is published below. We note that the subcategory Coins of Cypriot Types has been added to the category entitled Metal, pursuant to 19 U.S.C. 2604. This addition comes in response to a request from the Government of the Republic of Cyprus to amend the Designated List. Coins constitute an inseparable part of the archaeological record of the island, and, like other archaeological objects, they are vulnerable to pillage and illicit export. List of Archaeological Objects From Cyprus Representing Pre-Classical and Classical Periods Ranging in Date From Approximately the 8th Millennium B.C. to Approximately 330 A.D. I. Ceramic A. Vessels 1. Neolithic and Chalcolithic (c. 7500-2300 B.C.)—Bowls and jars, including spouted vessels. Varieties include Combed ware, Black Lustrous ware, Red Lustrous ware, and Red-on-White painted ware. Approximately 10-24 cm in height. 2. Early Bronze Age (c. 2300-1850 B.C.)—Forms are hand-made and include bowls, jugs, juglets, jars, and specialized forms, such as askoi, pyxides, gourd-shape, multiple-body vessels, and vessels with figurines attached. Cut-away spouts, multiple spouts, basket handles, and round bases commonly occur. Incised, punctured, molded, and applied ornament, as well as polishing and slip, are included in the range of decorative techniques. Approximately 13-60 cm in height. 3. Middle Bronze Age (c. 1850-1550 B.C.)—Forms are hand-made and include bowls, jugs, juglets, jars, zoomorphic askoi, bottles, amphorae, and amphoriskoi. Some have multiple spouts and basket or ribbon handles. Decorative techniques include red and brown paint, incised or applied decoration, and polishing. Varieties include Red Polished ware, White Painted ware, Black Slip ware, Red Slip ware, and Red-on-Black ware. Approximately 4-25 cm in height. 4. Late Bronze Age (c. 1550-1050 B.C.)—Forms include bowls, jars, jugs and juglets, tankards, rhyta, bottles, kraters, alabastra, stemmed cups, cups, stirrup jars, amphorae, and amphoriskoi. A wide variety of spouts, handles, and bases are common. Zoomorphic vessels also occur. Decorative techniques include painted design in red or brown, polishing, and punctured or incised decoration. Varieties include White Slip, Base Ring ware, White Shaved ware, Red Lustrous ware, Bichrome Wheel-made ware, and Proto-White Painted ware. Some examples of local or imported Mycenaean Late Helladic III have also been found. Approximately 5-50 cm in height. 5. Cypro-Geometric I-III (c. 1050-750 B.C.)—Forms include bowls, jugs, juglets, jars, cups, skyphoi, amphorae, amphoriskos, and tripods. A variety of spouts, handles and base forms are used. Decorative techniques include paint in dark brown and red, ribbing, polish, and applied projections. Varieties include White Painted I-II wares, Black Slip I-II wares, Bichrome II-III wares, and Black-on-Red ware. Approximately 7-30 cm in height. 6. Cypro-Archaic I-II (c. 750-475 B.C.)—Forms include bowls, plates, jugs and juglets, cups, kraters, amphoriskoi, oinochoe, and amphorae. Many of the forms are painted with bands, lines, concentric circles, and other geometric and floral patterns. Animal designs occur in the Free Field style. Molded decoration in the form of female figurines may also be applied. Red and dark brown paint is used on Bichrome ware. Black paint on a red polished surface is common on Black-on-Red ware. Other varieties include Bichrome Red, Polychrome Red, and Plain White. Approximately 12-45 cm in height. 7. Cypro-Classical I-II (c. 475-325 B.C.)—Forms include bowls, shallow dishes, jugs and juglets, oinochoai, and amphorae. The use of painted decoration in red and brown, as well as blue/green and black continues. Some vessels have molded female figurines applied. Decorative designs include floral and geometric patterns. Burnishing also occurs. Varieties include Polychrome Red, Black-on-Red, Polychrome Red, Stroke Burnished, and White Painted wares. Approximately 6-40 cm in height. 8. Hellenistic (c. 325 B.C.-50 B.C.)—Forms include bowls, dishes, cups, unguentaria, jugs and juglets, pyxides, and amphorae. Most of the ceramic vessels of the period are undecorated. Those that are decorated use red, brown, or white paint in simple geometric patterns. Ribbing is also a common decorative technique. Some floral patterns are also used. Varieties include Glazed Painted ware and Glazed ware. Imports include Megarian bowls. Approximately 5-25 cm in height. 9. Roman (c. 50 B.C.-330 A.D.)—Forms include bowls, dishes, cups, jugs and juglets, unguentaria, amphora, and cooking pots. Decorative techniques include incision, embossing, molded decoration, grooved decoration, and paint. Varieties include Terra Sigillata and Glazed and Green Glazed wares. Approximately 5-55 cm in height. B. Sculpture 1. Terracotta Figurines (small statuettes).
(a)Neolithic to Late Bronze Age (c. 7500-1050 B.C.)—Figurines are small, hand-made, and schematic in form. Most represent female figures, often standing and sometimes seated and giving birth or cradling an infant. Features and attributes are marked with incisions or paint. Figurines occur in Red-on-White ware, Red Polished ware, Red-Drab Polished ware, and Base Ring ware. Approximately 10-25 cm in height.
(b)Cypro-Geometric to Cypro-Archaic (c. 1050-475 B.C.)—Figurines show a greater diversity of form than earlier figurines. Female figurines are still common, but forms also include male horse-and-rider figurines; warrior figures; animals such as birds, bulls and pigs; tubular figurines; boat models; and human masks. In the Cypro-Archaic period, terra cotta models illustrate a variety of daily activities, including the process of making pottery and grinding grain. Other examples include musicians and men in chariots. Approximately 7-19 cm in height.
(c)Cypro-Classical to Roman (c. 475 B.C.-330 A.D.)—Figurines mirror the classical tradition of Greece and Roman. Types include draped women, nude youths, and winged figures. Approximately 9-20 cm in height. 2. Large Scale Terracotta Figurines—Dating to the Cypro-Archaic period (c. 750-475 B.C.), full figures about half life-size, are commonly found in sanctuaries. Illustrated examples include the head of a woman decorated with rosettes and a bearded male with spiral-decorated helmet. Approximately 50-150 cm in height. 3. Funerary Statuettes—Dating to the Cypro-Classical period (c. 475-325 B.C.), these illustrate both male and female figures draped, often seated, as expressions of mourning. Approximately 25-50 cm in height. C. Inscriptions Writing on clay is restricted to the Late Bronze Age (c. 1550-1050 B.C.). These occur on clay tablets, weights, and clay balls. Approximately 2-7 cm in height. II. Stone A. Vessels Ground stone vessels occur from the Neolithic to the Hellenistic period (c. 7500-50 B.C.). Early vessels are from local hard stone. Most are bowl-shaped; some are trough-shaped with spouts and handles. Neolithic vessels often have incised or perforated decoration. Late Bronze Age vessels include amphoriskoi and kraters with handles. Sometimes these have incised decoration. Alabaster was also used for stone vessels in the Late Bronze Age and Hellenistic period. In the latter period, stone vessels are produced in the same shapes as ceramic vessels: Amphorae, unguentaria, etc. Approximately 10-30 cm in height. B. Sculpture 1. Neolithic to Chalcolithic (c. 7500-2300 B.C.)—Forms include small scale human heads, fiddle-shaped human figures, steatopygous female figures, cruciform idols with incised decoration, and animal figures. Andesite and limestone are commonly used in these periods. Approximately 5-30 cm in height. 2. Cypro-Classical (c. 475-325 B.C.)—Small scale to life-size human figures, whole and fragments, in limestone and marble, are similar to the Classical tradition in local styles. Examples include the limestone head of a youth in Neo-Cypriot style, votive female figures in Proto-Cypriot style, a kouros in Archaic Greek style, statues and statuettes representing Classical gods such as Zeus and Aphrodite, as well as portrait heads of the Greek and Roman periods. Approximately 10-200 cm in height. C. Architectural Elements Sculpted stone building elements occur from the 5th century B.C. through the 3rd century A.D. These include columns and column capitals, relief decoration, chancel panels, window frames, revetments, offering tables, coats of arms, and gargoyles. D. Seals Dating from the Neolithic (7500 B.C.) through 3rd century A.D., conical seals, scarabs, cylinder seals, and bread stamps are incised with geometric decoration, pictoral scenes, and inscriptions. Approximately 2-12 cm in height. E. Amulets and Pendants Dating to the Chalcolithic period, these pendants are made of picrolite and are oval or rectangular in form. Approximately 4-5 cm in length. F. Inscriptions Inscribed stone materials date from the 6th century B.C. through the 3rd century A.D. During the Cypro-Classical period, funerary stelae, and votive plaques were inscribed. From the 1st to the 3rd century A.D. funerary plaques, mosaic floors, and building plaques were inscribed. G. Funerary Stelae (Uninscribed) Funerary stelae date from the 6th century B.C. to the end of the Hellenistic period (c. 50 B.C.). Marble and other stone sculptural monuments have relief decoration of animals or human figures seated or standing. Stone coffins also have relief decoration. Approximately 50-155 cm in height. H. Floor Mosaics Floor mosaics date as early as the 4th century B.C. in domestic and public contexts and continue to be produced through the 3rd century A.D. Examples include the mosaics at Nea Paphos, Kourion, and Kouklia. III. Metal A. Copper/Bronze 1. Vessels—Dating from the Bronze Age (c. 2300 B.C.) through the 3rd century A.D., bronze vessel forms include bowls, cups, amphorae, jugs, juglets, pyxides, dippers, lamp stands, dishes, and plates. Approximately 4-30 cm in height. 2. Bronze Stands—Dating from the Late Bronze Age (c. 1550 B.C.) through the end of the Classical period (c. 325 B.C.), are bronze stands with animal decoration. 3. Sculpture—Dating from the Late Bronze Age (c. 1550) to the end of the Hellenistic period (c. 50 B.C.), small figural sculpture includes human forms with attached attributes such as spears or goblets, animal figures, animal- and vessel-shaped weights, and Classical representations of gods and mythological figures. Approximately 5-25 cm in height. 4. Personal Objects—Dating from the Early Bronze Age (c. 2300 B.C.) to the end of the Roman period (330 A.D.), forms include toggle pins, straight pins, fibulae, and mirrors. B. Silver 1. Vessels—Dating from the Bronze Age (c. 2300 B.C.) through the end of the Roman period (330 A.D.), forms include bowls, dishes, coffee services, and ceremonial objects such as incense burners. These are often decorated with molded or incised geometric motifs or figural scenes. 2. Jewelry—Dating from the Cypro-Geometric period (c. 1050 B.C.) through the end of the Roman period (330 A.D.), forms include fibulae, rings, bracelets, and spoons. C. Gold Jewelry Gold jewelry has been found on Cyprus from the Early Bronze Age (c. 2300 B.C.) through the end of the Roman period (330 A.D.). Items include hair ornaments, bands, frontlets, pectorals, earrings, necklaces, rings, pendants, plaques, beads, and bracelets. D. Coins of Cypriot Types Coins of Cypriot types made of gold, silver, and bronze including but not limited to: 1. Issues of the ancient kingdoms of Amathus, Kition, Kourion, Idalion, Lapethos, Marion, Paphos, Soli, and Salamis dating from the end of the 6th century B.C. to 332 B.C. 2. Issues of the Hellenistic period, such as those of Paphos, Salamis, and Kition from 332 B.C. to c. 30 B.C. 3. Provincial and local issues of the Roman period from c. 30 B.C. to 235 A.D. Often these have a bust or head on one side and the image of a temple (the Temple of Aphrodite at Palaipaphos) or statue (statue of Zeus Salaminios) on the other. List of Ecclesiastical and Ritual Ethnological Material From Cyprus Representing the Byzantine Period Dating From Approximately the 4th Century A.D. Through the 15th Century A.D. I. Metal A. Bronze Ceremonial objects include crosses, censers (incense burners), rings, and buckles for ecclesiastical garments. The objects may be decorated with engraved or modeled designs or Greek inscriptions. Crosses, rings and buckles are often set with semi-precious stones. B. Lead Lead objects date to the Byzantine period and include ampulla (small bottle-shaped forms) used in religious observance. C. Silver and Gold Ceremonial vessels and objects used in ritual and as components of church treasure. Ceremonial objects include censers (incense burners), book covers, liturgical crosses, archbishop's crowns, buckles, and chests. These are often decorated with molded or incised geometric motifs or scenes from the Bible, and encrusted with semi-precious or precious stones. The gems themselves may be engraved with religious figures or inscriptions. Church treasure may include all of the above, as well as rings, earrings, and necklaces (some decorated with ecclesiastical themes) and other implements (e.g., spoons). II. Wood Artifacts made of wood are primarily those intended for ritual or ecclesiastical use during the Byzantine period. These include painted icons, painted wood screens (iconstasis), carved doors, crosses, painted wooded beams from churches or monasteries, thrones, chests and musical instruments. Religious figures (Christ, the Apostles, the Virgin, and others) predominate in the painted and carved figural decoration. Ecclesiastical furniture and architectural elements may also be decorated with geometric or floral designs. III. Ivory and Bone Ecclesiastical and ritual objects of ivory and bone boxes, plaques, pendants, candelabra, stamp rings, crosses. Carved and engraved decoration includes religious figures, scenes from the Bible, and floral and geometric designs. IV. Glass Ecclesiastical objects such as lamps and ritual vessels. V. Textiles—Ritual Garments Ecclesiastical garments and other ritual textiles from the Byzantine period. Robes, vestments and altar clothes are often of a fine fabric and richly embroidered in silver and gold. Embroidered designs include religious motifs and floral and geometric designs. VI. Stone A. Wall Mosaics Dating to the Byzantine period, wall mosaics are found in ecclesiastical buildings. These generally portray images of Christ, Archangels, and the Apostles in scenes of Biblical events. Surrounding panels may contain animal, floral, or geometric designs. B. Floor Mosaics Floor mosaics from ecclesiastical contexts. Examples include the mosaics at Nea Paphos, Kourion, Kouklia, Chrysopolitissa Basilica and Campanopetra Basilica. Floor mosaics may have animal, floral, geometric designs, or inscriptions. VII. Frescoes/Wall Paintings Wall paintings from the Byzantine period religious structures (churches, monasteries, chapels, etc.) Like the mosaics, wall paintings generally portray images of Christ, Archangels, and the Apostles in scenes of Biblical events. Surrounding paintings may contain animal, floral, or geometric designs. More information on import restrictions can be obtained from the International Cultural Property Protection Web site ( *http://exchanges.state.gov/culprop* ). The restrictions on the importation of these archaeological and ethnological materials from Cyprus are to continue in effect for an additional 5 years. Importation of such materials continues to be restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure (5 U.S.C. 553(a)(1)). For the same reason, a delayed effective date is not required. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Executive Order 12866 Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations For the reasons set forth above, part 12 of Title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; § 12.104g [Amended] 2. In § 12.104g(a), the table of the list of agreements imposing import restrictions on described articles of cultural property of State Parties is amended in the entry for Cyprus by removing the reference to “T.D. 02-37, as amended by CBP Dec. 06-22” and adding in its place “CBP Dec. 07-52” in the column headed “Decision No.”. Deborah J. Spero, Acting Commissioner, Bureau of Customs and Border Protection. Approved: July 9, 2007. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 07-3425 Filed 7-12-07; 8:45 am]
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  • 7 CFR 924
  • 7 USC 601-674
  • 7 CFR 924.42
  • 7 CFR 928
  • 7 CFR 1214
  • 7 USC 7461-7473
  • 9 CFR 306.5
  • 44 USC 3501-3520
  • 9 CFR 331
  • 9 CFR 381
  • 21 USC 601-695
  • 7 CFR 2.18
  • 21 USC 451-470
  • 10 CFR 72
  • 14 CFR 97
  • 1 CFR 51
  • 19 CFR 12
  • Pub. L. 97-446
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