Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-08-01.xml --- 72 147 Wednesday, August 1, 2007 Contents Agricultural Agricultural Marketing Service RULES Fresh fruit and vegetable terminal market inspection services; fees increase, 41885-41888 E7-14826 PROPOSED RULES Raisins produced from grapes grown in California, 41948-41952 E7-14825 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Forest Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42042 E7-14824 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 42096-42098 E7-14886 E7-14893 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Durable medical equipment, prosthetics, orthotics, and supplies; surety bond requirements for suppliers, 42001-42011 07-3746 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Low Income Home Energy Assistance Program, 42098-42099 E7-14875 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements:

Archer's Trading Co., 42114-42118 E7-14815 Holloway Distributing, 42118-42126 E7-14822 Newcare Home Health Services, 42126-42127 E7-14819 Olefsky, Alan H., M.D., 42127-42129 E7-14820 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42061 E7-14817 Grants and cooperative agreements; availability, etc.: Postsecondary education— Underground Railroad Educational and Cultural Progarm, 42061-42065 E7-14929 Postsecondary education:

Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition; comment request, 42065-42067 E7-14912 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 42067-42068 07-3760 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: Deutsche Bank AG; withdrawn, 42129 E7-14880 Paul Niednagel IRAs et al., 42129-42131 E7-14881 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Pennsylvania, 41903-41909 E7-14560 E7-14745 Air quality implementation plans; approval and promulgation; various States: Arizona, 41896-41900 E7-14555 California, 41894-41896 E7-14586 Iowa, 41900-41903 E7-14868 Maryland, 41891-41894 E7-14773 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bromoxynil, diclofop-methyl, etc., 41913-41931 E7-14895 Quillaja saponaria extract; exemption, 41931-41935 E7-14894 Rimsulfuron, 41909-41913 E7-14543 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

California, 41975 E7-14587 Iowa, 41975-41976 E7-14869 Massachusetts, 41970-41975 E7-14887 Superfund program: National oil and hazardous substances contingency plan priorities list, 41976-42001 E7-14677 NOTICES Pesticide, food, and feed additive petitions: Hercon Environmental, 42070-42072 E7-14901 Interregional Research Project (No.4), 42074-42075 E7-14698 Interregional Research Project (No. 4) et al., 42072-42074 E7-14678 Monsanto Co., 42075-42077 E7-14682 Pesticide registration, cancellation, etc.:

Fenoxycarb, etc., 42068-42070 E7-14762 Pesticides; experimental use permits, etc.: Interregional Research Project (No. 4), 42077-42078 E7-14769 Syngenta Seeds, Inc., 42078-42081 E7-14683 E7-14684 Reports and guidance documents; availability, etc.: North American Free Trade Agreement— Pesticide maximum residue limits determination; standard operating procedure; explanatory document, 42081-42082 E7-14889 Pesticide science policy; withdrawn, 42082-42083 E7-14685 Executive Executive Office of the President See Management and Budget Office Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 42042-42043 E7-14816 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Boeing, 41958-41968 E7-14867 07-3712 Airwothiness directives: EADS SOCATA, 41968-41970 E7-14857 FCC Federal Communications Commission RULES Common carrier services: Spectrum use; elimination of barriers to development of secondary markets, 41935-41937 E7-14768 Wireless telecommunications services— Advanced wireless services in 1.7 GHz and 2.1 GHz bands; service rules, 41939-41946 E7-14803 E7-14872 Radio frequency devices: Unlicensed devices and equipment approval— Unlicensed transmitters; spectrum etiquette, 41937-41939 E7-14882 Radio stations; table of assignments:

Oregon, 41946-41947 E7-14873 Tennessee, 41946 E7-14932 PROPOSED RULES Radio frequency devices: Unlicensed devices and equipment approval, 42011-42015 E7-14930 Radio stations; table of assignments: Colorado, 42016 E7-14878 Florida, 42015-42016 E7-14879 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42083-42087 E7-14548 E7-14777 E7-14870 *Applications, hearings, determinations, etc.:* Association for Local Telecommunications Services et al., 42087-42088 E7-14594 Crawford, Charles, 42088 E7-14871 Waugh, Pendleton C., et al., 42088-42090 E7-14876 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses:

A.T. International et al., 42090 E7-14917 ABAD Air, Inc., et al., 42090 E7-14911 Adora Shipping Co. et al., 42090-42091 E7-14909 Federal Railroad Federal Railroad Administration PROPOSED RULES Railraod safety: Passenger equipment safety standards— Front-end strength of cab cars and multiple-unit locomotives, 42016-42041 07-3736 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 42091-42093 E7-14860 Premerger notification waiting periods; early terminations, 42093-42095 07-3745 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Laramie Plains National Wildlife Refuges, WY, 42103-42104 E7-14892 Endangered and threatened species: Incidental take permits— San Bernardino County, CA; Delhi Sands flower-loving fly, 42104-42105 E7-14859 Environmental statements; availability, etc.: Incidental take permits— Mendocino County, CA; Point Arena mountain beaver and Behren's silverspot butterfly, 42105-42106 E7-14888 Forest Forest Service NOTICES Environmental statements; availability, etc.: Ottawa National Forest, Comprehensive River Management Plan, MI, 42043 E7-14920 Meetings:

Resource Advisory Committees— Mendocino County, 42043 07-3738 GSA General Services Administration NOTICES Federal travel: Fly America Act; United States and European Union Open Skies Agreement, 42095-42096 E7-14900 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Practice and procedure: Packers and Stockyards Act; poultry contracts; initiation, performance, and termination, 41952-41956 E7-14924 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Mortgage and loan programs: Debenture interest rates, 42099-42100 E7-14821 Privacy Act; systems of records, 42101-42103 E7-14795 E7-14813 Interior Interior Department See Fish and Wildlife Service See National Park Service IRS Internal Revenue Service RULES Income taxes: Built-in gains and losses Correction, 41890-41891 E7-14797 E7-14802 Employee benefits; cafeteria plans; removed, 41891 E7-14823 International International Trade Commission NOTICES Import investigations:

Hydraulic excavators and components, 42111 E7-14810 Magnifying loupe products and components, 42111-42112 E7-14808 Steel concrete reinforcing bar from— Various countries, 42110 E7-14809 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Alcan Aluminum Corp., et al., 42112 07-3749 Commonwealth Edison Co., et al., 42112-42113 07-3737 Delavan, Inc., 42113 07-3750 El Paso Natural Gas Co., 42113-42114 07-3751 Kenrock, Inc., et al., 42114 07-3748 Texmo Oil Co.

Jobbers, Inc., 42114 07-3752 Labor Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.: Statistical products produced by Federal statistical agencies; release and dissemination; statistical policy directive, 42266-42269 E7-14908 Mine Mine Safety and Health Administration NOTICES Meetings: Utilization of Belt Air and Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining;

Technical Study Panel, 42132 E7-14899 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42043-42044 E7-14847 National Credit National Credit Union Administration PROPOSED RULES Credit unions: Federal and corporate credit unions; permissible foreign currency investments, 41956-41958 E7-14849 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

International Exhibitions Federal Advisory Committee, 42132 E7-14828 NIH National Institutes of Health NOTICES Meetings: Filovirus animal models; workshop, 42099 E7-14874 Organization, functions, and authority delegations: Director, National Institutes of Health, 42099 07-3735 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 42044-42045 E7-14846 Marine mammals: Incidental taking; authorization letters, etc.— Scripps Institute of Oceanography; northeastern Pacific Ocean; low-energy marine seismic survey; dolphins, whales, etc., 42045-42058 E7-14883 U.S.

Navy's Hawaii Range Complex, HI; training events; bottlenose dolphin, etc., 42058-42059 E7-14891 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42106-42108 07-3740 07-3741 Committees; establishment, renewal, termination, etc.: Big Cypress National Preserve Off-Road Vehichle Advisory Committee, 42108-42109 E7-14890 Environmental statements; availability, etc.: Saguaro National Park, AZ; general management plan, 42109-42110 07-3742 Environmental statements; record of decision:

Ellis Island Development Concept Plan, Statue of Liberty National Monument; NY and NJ, 42110 07-3739 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 42132-42134 E7-14980 Nuclear Nuclear Regulatory Commission NOTICES Export and import license applications for nuclear facilities and materials: DOE/NNSA -Y12 National Security Complex, 42135-42136 E7-14861 Pacific EcoSolutions, Inc., E7-14862 42136-42137 E7-14931 Meetings: Medical Uses of Isotopes Advisory Committee, 42137 E7-14884 Regulatory guides; issuance, availability, and withdrawal, 42137-42138 E7-14863 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 42134-42135 E7-14864 Office Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office RULES Practice and procedure:

Trademark Trial and Appeal Board rules; miscellaneous changes, 42242-42264 E7-14702 NOTICES Privacy Act; systems of records, 42060 E7-14865 Postal Postal Regulatory Commission NOTICES Meetings: International mail briefing, 42138 07-3761 Research Research and Innovative Technology Administration NOTICES Reports and guidance documents; availability, etc.: Nationwide Differential Global Positioning System Program, 42219-42220 E7-14905 SEC Securities and Exchange Commission RULES Securities:

Proxy materials; universal Internet availability, 42222-42239 E7-14793 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42138-42139 E7-14842 E7-14845 Consolidated Tape Association Plan; amendments, 42139-42141 E7-14839 Public Company Accounting Oversight Board: Audit of financial statements; audit of internal control over financial reporting; independence rule and conforming amendments, 42141-42146 E7-14858 Securities: National Association of Securities Dealers, Inc., et al.; regulatory responsibilities allocation plan, 42146-42155 E7-14877 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 42155-42157 E7-14831 Boston Stock Exchange, Inc., 42157-42158 E7-14833 Chicago Board Options Exchange, Inc., 42158-42160 E7-14837 E7-14840 Depository Trust Co., 42160-42161 E7-14830 International Securities Exchange LLC, 42161-42163 E7-14832 NASDAQ Stock Market LLC, 42163-42165 E7-14841 National Association of Securities Dealers, Inc., 42165-42192 E7-14834 E7-14855 E7-14856 National Securities Clearing Corp., 42192-42193 E7-14835 New York Stock Exchange LLC, 42193-42210 E7-14843 E7-14853 NYSE Arca, Inc., E7-14836 42210-42216 E7-14838 Philadelphia Stock Exchange, Inc., 42216-42218 E7-14844 SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* Founders Equity SBIC I, L.P., 42218 07-3753 Statistical Statistical Reporting Service See National Agricultural Statistics Service Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42218-42219 E7-14885 Treasury Treasury Department See Internal Revenue Service MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services RULES Immigration: Immigration and naturalization benefit application and petition fee schedule for adjustment of status and related applications, 41888-41890 07-3762 Separate Parts In This Issue Part II Securities and Exchange Commission, 42222-42239 E7-14793 Part III Commerce Department, Patent and Trademark Office, 42242-42264 E7-14702 Part IV Executive Office of the President, Management and Budget Office, 42266-42269 E7-14908 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. 72 147 Wednesday, August 1, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket #AMS-FV-07-0099; FV-06-308] RIN 0581-AC63 Multi-Year Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Services AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule would revise the regulations governing the inspection and certification for fresh fruits, vegetables and other products by increasing certain fees charged for the inspection of these products at destination markets for the next two fiscal years (FY-2007 and FY-2008) by approximately 15 percent each fiscal year. This rule would increase fees 30 days after publication in FY-2007 and again in March 2008.

These revisions are necessary in order to recover, as nearly as practicable, the costs of performing inspection services at destination markets under the Agricultural Marketing Act of 1946 (AMA of 1946). The fees charged to persons required to have inspection on imported commodities in accordance with the Agricultural Marketing Agreement Act of 1937 and for imported peanuts under section 1308 of the Farm Security and Rural Investigation Act of 2002. DATES: *Effective Date:* August 31, 2007.

FOR FURTHER CONTACT INFORMATION: Rita Bibbs-Booth, USDA, 1400 Independence Ave., SW, Room 0640-S, Washington, DC 20250-0295, or call

(202)720-0391. SUPPLEMENTARY INFORMATION: Executive Order 12866 and Regulatory Flexibility Act This rule has been determined to be “non-significant” for the purposes of Executive Order 12866 and therefore has not been reviewed by the Office of Management and Budget. Also, pursuant to the requirement set forth in the Regulatory Flexibility Act (RFA), AMS has considered the economic impact of this action on small entities. Accordingly, AMS proposes this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. The action described herein is being taken for several reasons, including that additional user fee revenues are needed to cover the costs for:

(1)Providing current program operations and services;

(2)improving the timeliness in which inspection services are provided; and

(3)improving the work environment. AMS regularly reviews its user-fee financed programs to determine if the fees are adequate. The Fresh Products Branch

(TDC)in Fredericksburg, VA. A portion of the appropriated funds received in October 2001, were for infrastructure improvements including the development and maintenance of the inspector TDC. With appropriated funding now depleted, FPB is now obligated to support the TDC under revenues from the terminal market user fee inspection program. This rule should increase user fee revenue generated under the destination market program by approximately 15 percent each fiscal year. This action is authorized under the Agricultural Marketing Act of 1946 (AMA of 1946) (See 7 U.S.C. 1622(h)), which provides that the Secretary of Agriculture may assess and collect “such fees as will be reasonable and as nearly as may be to cover the costs of services rendered * * *” There are more than 2,000 users of FPB's destination market grading services (including applicants who must meet import requirements 1 — inspections which amount to under 2.5 percent of all lot inspections performed). A small portion of these users are small entities under the criteria established by the Small Business Administration (13 CFR 121.201). There would be no additional reporting, recordkeeping, or other compliance requirements imposed upon small entities as a result of this rule. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements in Part 51 have been approved previously by OMB and assigned OMB No. 0581-0125. FPB has not identified any other Federal rules which may duplicate, overlap or conflict with this proposed rule. 1 Section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), requires that whenever the Secretary of Agriculture issues grade, size, quality or maturity regulations under domestic marketing orders for certain commodities, the same or comparable regulations on imports of those commodities must be issued. Import regulations apply during those periods when domestic marketing order regulations are in effect. Section 1308 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), 7 U.S.C. 7958, required USDA among other things to develop new peanut quality and handling standards for imported peanuts marketing in the United States. Currently, there are 14 commodities subject to 8e import regulations: Avocados, dates (other than dates for processing), filberts, grapefruit, kiwifruit, olives (other than Spanish-style green olives), onions, oranges, potatoes, prunes, raisins, table grapes, tomatoes and walnuts. A current listing of the regulated commodities can be found under 7 CFR Parts 944, 980, 996 and 999. The destination market grading services are voluntary (except when required for imported commodities) and the fees charged to users of these services vary with usage. The impact on all businesses, including small entities, is very similar. However, except for those persons who are required to obtain inspections, most of these businesses are typically under no obligation to use these inspection services, and, therefore, any decision on their part to discontinue the use of the services should not prevent them from marketing their products. Further, even though fees will be raised, the increase is not excessive and should not significantly affect these entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action 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. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Action The AMA of 1946 authorizes official inspection, grading, and certification, on a user-fee basis, of fresh fruits, vegetables and other products such as raw nuts, Christmas trees and flowers. The AMA of 1946 provides that reasonable fees be collected from the users of the services to cover, as nearly as practicable, the cost of the services rendered. This rule would amend the schedule for fees and charges for inspection services rendered to the fresh fruit and vegetable industry to reflect the costs necessary to operate the program. AMS regularly reviews its user-fee financed programs to determine if the fees are adequate. The Fresh Products Branch

(FPB)has and will continue to seek out cost saving opportunities and implement appropriate changes to reduce its costs. Such actions can provide alternatives to fee increases. FPB has reduced costs by approximately $2 million. However, even with these efforts, FPB's existing fee schedule will not generate sufficient revenue to cover program costs while maintaining the Agency mandated reserve balance. Revenue projections for FPB's destination market inspection work during FY-2006 are $15.3 million with costs projected at $20.4 million and an end-of-year reserve balance of approximately $12.7 million. However, this reserve balance is due in part, to appropriated funding received in October 2001, for infrastructure, workplace, and technological improvements. FPB's costs of operating the destination market program are expected to increase to approximately $21.6 million during FY-2007 and $22.5 million during FY-2008. Revenues are projected to be $15.3 million for end of the fiscal year. The reserve balance for FY-2007 and FY-2008, will fall below the Agency's mandated four-month reserve level. The reserve balance is projected to be approximately $6.5 million for FY-2007 (3.6 months) and a negative $584,000 for FY-2008 (−0.3 months). Employee salaries and benefits are major program costs that account for approximately 80 percent of FPB's total operating budget. A general and locality salary increase for Federal employees, ranging from 2.87 to 5.62 percent depending on locality, effective January 2006, has significantly increased program costs, and will continue to increase costs at a similar rate in future years. This salary adjustment will increase FPB's costs by over $700,000 per year. Increases in health and life insurance premiums, along with workers compensation will also increase program costs. In addition, inflation also impacts FPB's non-costs. These factors have increased FPB's costs of operating this program by over $600,000 per year. Additional revenues are necessary in order for FPB to continue to cover the costs associated with additional staff and to maintain office space and equipment. Additional revenues are also necessary to continue to improve the work environment by providing training and purchasing needed equipment. In addition, FPB began in 2001, developing (with appropriated funds) an automated system known as FEIRS, to replace its manual paper and pen inspection reporting process. Approximately $10,000 in additional revenue per month will be needed to maintain the system. This system has been put in place to enhance FPB's fruit and vegetable inspection processes. FPB has also begun to cover the costs associated with the TDC in Fredericksburg, VA. A portion of the appropriated funds received in October 2001, were for infrastructure improvements including the development and maintenance of the inspector TDC. With appropriated funding now depleted, FPB is now obligated to support the TDC under revenues from the terminal market user fee inspection program. Based on the aforementioned analysis of this program's increasing costs, AMS will increase the fees for destination market inspection services. The following table compares current fees and charges with the proposed fees and charges for fresh fruit and vegetable inspection as found in 7 CFR 51.38. Unless otherwise provided for by regulation or written agreement between the applicant and the Administrator, the changes in the schedule of fees as found in § 51.38 are: Service Current 2007 2008 Quality and condition inspections of products each in quantities of 51 or more packages and unloaded from the same land or air conveyance: • Over a half carlot equivalent of each product $114.00 $131.00 $151.00 • Half carlot equivalent or less of each product 95.00 109.00 125.00 • For each additional lot of the same product 52.00 60.00 69.00 Condition only inspections of products each in quantities of 51 or more packages and unloaded from the same land or air conveyance: • Over a half carlot equivalent of each product 95.00 109.00 125.00 • Half carlot equivalent or less of each product 87.00 100.00 115.00 • For each additional lot of the same product 52.00 60.00 69.00 Quality and condition and condition only inspections of products each in quantities of 50 or less packages unloaded from the same land or air conveyance: • For each product 52.00 60.00 69.00 • For each additional lot of any of the same product 52.00 60.00 69.00 Lots in excess of carlot equivalents will be charged proportionally by the quarter carlot. Dock side inspections of an individual product unloaded directly from the same ship: • For each package weighing less than 30 pounds 1 2.9 1 3.3 1 3.8 • For each package weighing 30 or more pounds 1 4.4 1 5.1 1 5.9 • Minimum charge per individual product 114.00 131.00 151.00 • Minimum charge for each additional lot of the same product 52.00 60.00 69.00 Hourly rate for inspections performed for other purposes during the grader's regularly scheduled work week: • Hourly rate for non-carlot equivalent inspections such as count, size, temperature, container, etc. or work associated with inspections such as digital image services will be charged at a rate that reflects the cost of providing the service 56.00 64.00 74.00 Overtime rate (per hour additional) for all inspections performed outside the grader's regularly scheduled work week 29.00 33.00 38.00 Holiday pay 29.00 66.00 74.00 Hourly rate for inspections performed under 40 hour contracts during the grader's regularly scheduled work week 56.00 64.00 74.00 Rate for billable mileage 1.00 1.15 1.32 1 In cents. A notice of proposed rulemaking was published in the **Federal Register** on December 1, 2006, (71 FR 69497). FPB received one comment after the comment period closed. As previously stated, because the FY-2007 fee increase in effect in the latter part of the fiscal year, AMS is changing the effective date of the FY-2008 fee increase to March 1, 2008, to provide a sufficient amount of time between the two fee increases. Finally, the regulatory text in the proposed section 51.38(e) is corrected to reflect separate fees for overtime and holiday note that appeared in the supplementary information section of the proposed rule. List of Subjects in 7 CFR Part 51 Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables. For reasons set forth in the preamble, 7 CFR Part 51 is amended as follows: PART 51—[AMENDED] 1. The authority citation for 7 CFR Part 51 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Section 51.38 is revised to read as follows: § 51.38 Basis for fees and rates.

(a)When performing inspections of product unloaded directly from land or air transportation, the charges shall be determined on the following basis:

(1)Quality and condition inspections of products in quantities of 51 or more packages and unloaded from the same air or land conveyance:

(i)$131 ($151, on or after March 1, 2008) for over a half carlot equivalent of an individual product;

(ii)$109 ($125, on or after March 1, 2008) for a half carlot equivalent or less of an individual product;

(iii)$60 ($69, on or after March 1, 2008) for each additional lot of the same product.

(2)Condition only inspection of products each in quantities of 51 or more packages and unloaded from the same land or air conveyance:

(i)$109 ($125, on or after March 1, 2008) for over a half carlot equivalent of an individual product;

(ii)$100 ($115, on or after March 1, 2008) for a half carlot equivalent or less of an individual product;

(iii)$60 ($69, on or after March 1, 2008) for each additional lot of the same product.

(3)For quality and condition inspection and condition only inspection of products in quantities of 50 or less packages unloaded from the same conveyance:

(i)$60 ($69, on or after March 1, 2008) for each individual product:

(ii)$60 ($69, on or after March 1, 2008) for each additional lot of any of the same product. Lots in excess of carlot equivalents will be charged proportionally by the quarter carlot.

(b)When performing inspections of palletized products unloaded directly from sea transportation or when palletized product is first offered for inspection before being transported from the dock-side facility, charges shall be determined on the following basis:

(1)Dock side inspections of an individual product unloaded directly from the same ship:

(i)3.3 (3.8, on or after March 1, 2008) cents per package weighing less than 30 pounds;

(ii)5.1 (5.9, on or after March 1, 2008) cents per package weighing 30 or more pounds;

(iii)Minimum charge of $131 ($151, on or after March 1, 2008) per individual product;

(iv)Minimum charge of $60 ($69, on or after March l, 2008) for each additional lot of the same product.

(2)[RESERVED]

(c)When performing inspections of products from sea containers unloaded directly from sea transportation or when palletized products unloaded directly from sea transportation are not offered for inspection at dock-side, the carlot fees in “a” of this section shall apply.

(d)When performing inspections for Government agencies, or for purposes other than those prescribed in paragraphs

(a)through

(c)of this section, including weight-only and freezing-only inspections, fees for inspections shall be based on the time consumed by the grader in connection with such inspections, computed at a rate of $64 ($74, on or after March 1, 2008) per hour; *Provided,* that:

(1)Charges for time shall be rounded to the nearest half hour;

(2)The minimum fee shall be two hours for weight-only inspections, and one-half hour for other inspections;

(3)When weight certification is provided in addition to quality and/or condition inspection, a one hour charge shall be added to the carlot fee;

(4)When inspections are performed to certify product compliance for Defense Personnel Support Centers, the daily or weekly charge shall be determined by multiplying the total hours consumed to conduct inspections by the hourly rate. The daily or weekly charge shall be prorated among applicants by multiplying the daily or weekly charge by the percentage of product passed and/or failed for each applicant during that day or week. Waiting time and overtime charges shall be charged directly to the applicant responsible for their incurrence.

(e)When performing inspections at the request of the applicant during periods which are outside the grader's regularly scheduled work week, a charge for overtime or holiday work shall be made at the rate of $33 for overtime and $66 for holiday work ($38 for overtime and $74 for holiday work, on or after March 1, 2008) per hour or portion thereof in addition to the carlot equivalent fee, package charge, or hourly charge specified in this subpart. Overtime or holiday charges for time shall be rounded to the nearest half hour.

(f)When an inspection is delayed because product is not available or readily accessible, a charge for waiting time shall be made at the prevailing hourly rate in addition to the carlot equivalent fee, package charge, or hourly charge specified in this subpart. Waiting time shall be rounded to the nearest half hour. Dated: July 26, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-14826 Filed 7-31-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services 8 CFR Part 103 [CIS No. 2415-07; Docket No. USCIS-2007-0039] RIN 1615-AB60 Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status and Related Applications AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This rule temporarily amends the applicable fees for employment-based Forms I-485, “Application to Register Permanent Residence or Adjust Status,” and applications for derivative benefits associated with such Forms I-485 filed pursuant to the Department of State's July Visa Bulletin No. 107, dated June 12, 2007. The fees for all other petitions and applications administered by U.S. Citizenship and Immigration Services will continue in force as effective on July 30, 2007. DATES: *Effective Date:* This rule is effective July 30, 2007, at 12:02 a.m. EST. FOR FURTHER INFORMATION CONTACT: Efren Hernandez III, Business and Trade Services, Service Center Operations (Business and Trade Services), U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, Suite 3000, Washington, DC 20001, telephone

(202)272-8400. SUPPLEMENTARY INFORMATION: I. Background 1. USCIS Fee Schedule On May 30, 2007, USCIS published the final rule, effective July 30, 2007, “Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule,” amending 8 CFR part 103 to prescribe new fees to fund the cost of processing applications and petitions for immigration and naturalization benefits and services, and USCIS’ associated operating costs pursuant to section 286(m) of the Immigration and Nationality Act (INA), 8 U.S.C. 1356(m). 72 FR 29851. That rule provides that applications that are submitted to USCIS with the incorrect fee will be rejected. For the reasons described below, USCIS, through this rule, is amending the fees again on a temporary basis for certain applications. This rule will become effective immediately after the final fee rule published on May 30, 2007, and makes only temporary modifications to that rule to respond to the events described below. The rule provides limited relief for specific applicants from the final fee rule published on May 30, 2007. The effect of this rule is limited to those applications filed before August 18, 2007. For applications filed on or after August 18, 2007, the fees set forth in the final rule published on May 30, 2007, will be required. USCIS will remove this regulation by another rule to be published in **Federal Register** on or about August 17, 2007, to be effective August 18, 2007. 2. Visa Availability—Summary The INA establishes formulas and numerical limits for regulating persons immigrating to the United States for permanent residence, to include defining the employment-based immigrant visa classifications. INA sec. 201 *et seq.* , 8 U.S.C. 1151 *et seq.* The INA provides an annual world-wide numerical limit on the number of aliens who may immigrate to the United States, as well as an annual per-country numerical limit on the number of aliens who may emigrate from a particular country. INA sections 201(d) and 202(a)(2), 8 U.S.C. 1151(d) and 1152(a)(2). In addition, the INA allocates the total number of world-wide visas among five employment-based categories or preferences. INA sec. 203(b), 8 U.S.C. 1153(b). Taken together, the total number of visas, the country from which an alien emigrates, and the allocation of visas among the preference categories, determines whether a particular alien may immigrate to the United States at a certain date. The Department of State

(DOS)determines the availability of immigrant visa numbers. *See* INA sections 203(e) and (g), 8 U.S.C. 1153(e) and (g). DOS also controls individual allocation of employment-based immigrant visas. 22 CFR 42.32. DOS publishes a “Visa Bulletin” each month which summarizes the availability of immigrant visa numbers. The INA provides that the Secretary of Homeland Security may approve an application to adjust status if an immigrant visa is immediately available at the time the application is filed. *See* INA sec. 245(a)(3), 8 U.S.C. 1255(a)(3). Pursuant to Department of Homeland Security regulations, an immigrant visa is considered available, and an adjustment of status application can be filed and processed, if the applicant has a priority date earlier than the date shown in the current DOS Visa Bulletin. 8 CFR 245.1(g)(1). 3. The July Visa Bulletin On June 12, 2007, DOS published July Visa Bulletin No. 107. This Visa Bulletin indicated that all visas were current and immediately available for most employment-based categories. On July 2, 2007, DOS published Visa Bulletin No. 108, announcing that there would be no further visa number authorizations for employment-based applications. USCIS announced on that day that it would not accept any additional employment-based adjustment of status applications. 4. USCIS July 17, 2007 Announcement After consulting with USCIS, DOS advised USCIS that July Visa Bulletin No. 107 should be relied upon for purposes of determining whether employment-based immigrant visa numbers are currently available. DOS has withdrawn Visa Bulletin No. 108. Consequently, USCIS announced that, beginning July 17, 2007, and ending at the close of business on August 17, 2007, it will accept employment-based Forms I-485 filed by aliens whose priority dates are current under Visa Bulletin No. 107. See “ *USCIS Announces Revised Processing Procedures for Adjustment of Status Applications* ” at *http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf.* Visa Bulletin No. 107 is available at the DOS Web site at *http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html* or may be obtained by calling the Information contact listed in this rule. Applicable derivative benefit applications are Form I-765, “Application for Employment Authorization,” and Form I-131, “Application for Travel Document,” eligibility for which are based on the Form I-485 filing. 5. Changes Made by This Rule Because of the mid-month change to the Visa Bulletin, USCIS has determined that aliens in employment-based categories filing applications pursuant to Visa Bulletin No. 107 should not be required to pay filing fees based on the fee schedule that becomes effective July 30, 2007. Therefore, as a result of this rule, aliens who file an employment-based Form I-485 and any related Forms I-765 and I-131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I-485 filed pursuant to Visa Bulletin No. 107 and to all subsequent or “renewal” applications for advance parole and employment authorization based on pending Forms I-485 filed pursuant to Visa Bulletin No. 107. This rule does not affect the increase in fees, pursuant to the final fee schedule, set to take effect on July 30, 2007, for Form I-140, “Immigrant Petition for Alien Worker.” Therefore, aliens who file Form I-140 concurrently with Form I-485 based on Visa Bulletin No. 107 between July 30, 2007, and August 17, 2007, must provide the post-July 30, 2007, fee for the Form I-140 and the pre-July 30, 2007, fee for Form I-485. *See* 8 CFR 245.2(a)(2)(i)(C) (concurrent filing provisions). The current fee for Form I-485 is $325. Therefore, under this rule, the application fee for an employment-based Form I-485 filed between July 17 and August 17, 2007, pursuant to Visa Bulletin No. 107 is $325. In another rulemaking to be published on or about August 17, 2007, USCIS will separately terminate the effect of this rule, as of August 18, 2007 the fees will be as prescribed by the final rule of May 30, 2007, or $930 for Form I-485. Similarly, this rule amends the effective date of the increase in the Biometric Services Fee that must accompany Forms I-485 or Forms I-131 or I-765 that are based on a pending I-485, submitted pursuant to Visa Bulletin No. 107 between July 30, 2007 and August 17, 2007. As of July 30, 2007, the fee for biometric services is $80 for all other benefits for which biometrics must be provided. This rule also provides that applicants filing Forms I-131 and I-765 in conjunction with a pending employment-based Form I-485 submitted pursuant to Visa Bulletin No, 107, must include the pre-July 30, 2007, fees for these applications with their filings: $170 for Form I-131 and $180 for Form I-765. Moreover, all Forms I-131 or I-765 filed as of August 18, 2007, while adjudication of their Forms I-485 is pending must be accompanied by the new application fee. USCIS will not charge a fee for all other Forms I-131 and I-765 when either is filed by an applicant who has paid the new Form I-485 application fee because the new fee schedule “bundles” the fees for current and subsequent Forms I-131 and I-765 filed while the applicant awaits adjudication of Form I-485. II. Rulemaking Requirements This rule relates to internal agency management, procedure, and practice and is temporary in nature. 5 U.S.C. 553(b)(A). This rule does not alter substantive criteria by which USCIS will approve or deny applications or determine eligibility for any immigration benefit, but relieves certain requirements for a definite period of time for specific applications. As a result, DHS is not required to provide the public with notice of a proposed rule and the opportunity to submit comments on the subject matter of this rule. DHS finds that good cause exists for adopting this final rule, without prior notice and public comment because the urgency of adopting this rule make prior notice and comment impractical and contrary to the public interest. 5 U.S.C. 553(b)(B). This rule relates to internal agency management, and, therefore, is exempt from the provisions of Executive Order Nos. 12630, 12988, 13045, 13132, 13175, 13211, and 13272. Further, this action is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , and is therefore exempt from the provisions of that Act. In addition, this rule is not subject to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* , Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25, or the E-Government Act of 2002, 44 U.S.C. 3501, note. DHS finds that good cause exists for promulgating this rule without delaying the effective date of the rule because the rule relieves a requirement of existing regulations, must be adopted with an immediate effective date, and is temporary in nature. 5 U.S.C. 553(d)(1). This rule does not affect any information collections, reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 8 CFR Part 103 Administrative practice and procedures, Authority delegations (government agencies), Freedom of Information, Privacy, Reporting and recordkeeping requirements, and Surety bonds. Accordingly, part 103 of chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 103—POWERS AND DUTIES; AVAILABILITY OF RECORDS 1. The authority citation for part 103 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 *et seq.* ); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p.166; 8 CFR part 2. 2. Section 103.7 is amended by revising the entries “For capturing biometric information” and the entries for “Form I-131”, “Form I-485”, and “Form I-765” in paragraph (b)(1) read as follows: § 103.7 Fees.

(b)* * *

(1)* * * For capturing biometric information (Biometric Fee). A service fee of $80 will be charged for any individual who is required to have biometric information captured in connection with an application or petition for certain immigration and naturalization benefits (other than asylum), and whose residence is in the United States; provided that:

(1)*Extension for intercountry adoptions:* If applicable, no biometric service fee is charged when a written request for an extension of the approval period is received by USCIS prior to the expiration date of approval indicated on the Form I-171H if a Form I-600 has not yet been submitted in connection with an approved Form I-600A. This extension without fee is limited to one occasion. If the approval extension expires prior to submission of an associated Form I-600, then a complete application and fee must be submitted for a subsequent application.

(2)*Pursuant to Visa Bulletin No. 107:* The Biometric Services Fee that must accompany Forms I-485, or Forms I-131 or I-765 that are based on a pending I-485, that are submitted pursuant to U.S. Department of State Visa Bulletin No. 107, and filed with USCIS on or after July 30, 2007, and on or before August 17, 2007, is $70. Form I-131. For filing an application for travel document—$305. However, the fee for Form I-131 that is submitted pursuant to U.S. Department of State Visa Bulletin No. 107 based on a pending I-485, and filed with USCIS on or after July 30, 2007, and on or before August 17, 2007, is $170. Form I-485. For filing an application for permanent resident status or creation of a record of lawful permanent residence—$930 for an applicant fourteen years of age or older; $600 for an applicant under the age of fourteen years when submitted concurrently for adjudication with the Form I-485 of a parent and the applicant is seeking to adjust status as a derivative of the parent, based on a relationship to the same individual who provides the basis for the parent's adjustment of status, or under the same legal authority as the parent; no fee for an applicant filing as a refugee under section 209(a) of the Act; provided that no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee, regardless of whether the Form I-131 or Form I-765 is required to be filed by such applicant to receive these benefits. However, for aliens who file an employment-based Form I-485 pursuant to Visa Bulletin No. 107, and filed with USCIS on or after July 30, 2007, and on or before August 17, 2007, the fee is $325, plus a fee of $170 will be charged for a request for travel document (advance parole) and $180 to request employment authorization for an applicant who has paid the Form I-485 application fee, regardless of whether the Form I-131 or Form I-765 is required to be filed by such applicants to receive these benefits. Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13—$340. However, the fee for a Form I-765 that is submitted pursuant to U.S. Department of State Visa Bulletin No. 107 based on a pending I-485, and filed with USCIS on or after July 30, 2007, and on or before August 17, 2007, is $180. Dated: July 27, 2007. Michael Chertoff, Secretary. [FR Doc. 07-3762 Filed 7-30-07; 9:56 am]

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