Unknown. Final rule

6,524 words·~30 min read·/register/2007/08/10/07-3882

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-2007-08-10.xml --- 72 154 Friday, August 10, 2007 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agricultural Agricultural Marketing Service PROPOSED RULES Onions grown in South Texas, 44984-44988 E7-15391 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Witchweed, 44951 E7-15711 Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.: Base closures and realignments— Fort Carson, CO, 45022-45023 07-3913 Base realignment and closure— Pinon Canyon Maneuver Site, CO, 45021-45022 07-3912 Base realignment and closure: Fort Belvoir, VA, 45021 07-3911 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 Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 45051-45052 E7-15681 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:

Refugee Resettlement Office shelter care providers, 45052 E7-15726 Organization, functions, and authority delegations: Division of State Temporary Assistance for Needy Families Policy, Director et al., 45053 E7-15721 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Hawaii, 45009 07-3910 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Privacy Act; systems of records, 45009-45010 E7-15700 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 45007-45009 E7-15667 E7-15668 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 45019 07-3935 Copyright Copyright Office, Library of Congress NOTICES Copyright Arbitration Royalty Panel: Cable royalties, etc.; proceedings termination, 45071-45072 E7-15680 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45019-45020 E7-15583 Defense Defense Department See Army Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 45020-45021 07-3917 Meetings:

Dependents’ Education Advisory Council, 45021 07-3909 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 45023 E7-15706 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act: Amendments to civil penalties, 44970-44972 E7-15567 PROPOSED RULES Employee Retirement Income Security Act: Amendments to civil penalties, 44991 E7-15568 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation:

Commercial and industrial equipment; energy efficiency program— Small electric motors; public meeting, 44990-44991 E7-15692 Engineers Engineers Corps RULES Navigation regulations: Naval Air Station Key West, FL; danger zone and restricted area, 44972-44973 E7-15694 EPA Environmental Protection Agency RULES Hazardous waste program authorizations: Florida, 44973-44976 E7-15670 PROPOSED RULES Hazardous waste program authorizations: Florida, 45001 E7-15671 NOTICES Agency information collection activities; proposals, submissions, and approvals, 45042-45043 E7-15673 Environmental statements; availability, etc.:

Agency comment availability, 45043-45044 E7-15714 Agency weekly receipts, 45044-45045 07-3921 Reports and guidance documents; availability, etc.: Climate and Land Use Change Effects on Ecological Resources in Three Watersheds: A Synthesis Report, 45045-45046 E7-15675 Effects of Climate Change on Aquatic Invasive Species and Implications for Management and Research, 45046-45048 E7-15674 Operator training grant guidelines for States receiving underground storage tank funds; correction, 45091 Z7-15493 Preliminary Assessment of Climate Change Effects on Stream and River Biological Indicators, 45048-45049 E7-15676 FAA Federal Aviation Administration RULES Class E airspace, 44954-44956 E7-15579 07-3882 FCC Federal Communications Commission RULES Hurricane Katrina; impact on communications networks; independent panel review recommendations, 44978-44979 E7-15702 NOTICES Rulemaking proceedings; petitions, filed, granted, denied, 45049 E7-15712 *Applications, hearings, determinations, etc.:* Waugh, Pendleton C., et al.; correction, 45049 E7-15705 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 45032-45034 E7-15594 Environmental statements; availability, etc.:

Elba III Project, 45034-45035 E7-15633 Gulf South Pipeline Company, LP, 45036 E7-15628 Hydroelectric applications, 45036-45040 E7-15629 E7-15644 E7-15645 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 45023-45024 E7-15647 E7-15654 Algonquin Gas Transmission, LLC, et al., 45024 E7-15652 ANR Pipeline Co., 45024-45025 E7-15648 Cobra Pipeline Company, Ltd., 45025 E7-15630 Dauphin Island Gathering Partners, 45025 E7-15632 Entergy Services, Inc., et al., 45026 E7-15639 Kinder Morgan Interstate Gas Transmission LLC, E7-15637 45026-45027 E7-15657 E7-15658 Maritimes & Northeast Pipeline, LLC, 45027 E7-15655 National Fuel Gas Supply Corp., 45027-45028 E7-15650 Northern Iowa Windpower II, LLC, 45028-45029 E7-15642 Northern Iowa Windpower, LLC, 45028 E7-15641 Northern Natural Gas Co., 45029 E7-15631 Rockies Express Pipeline LLC, E7-15638 45029-45030 E7-15646 Saltville Gas Storage Co.

LLC, 45030 E7-15659 Southern Company Services, Inc. et al., 45030 E7-15640 Southwest Gas Storage Co., 45030-45031 E7-15651 Steuben Gas Storage Co., 45031 E7-15649 Tennessee Gas Pipeline Co., 45031-45032 E7-15656 Texas Eastern Transmission, LP, 45032 E7-15627 Transcontinental Gas Pipe Line Corp., 45032 E7-15653 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Madison and Hinds Counties, MS, 45085-45086 07-3907 Meetings: National Safe Routes to School Task Force, 45086 E7-15744 FMC Federal Maritime Commission RULES Ocean shipping in foreign commerce:

Optional method of filing form FMC-18; application for license as ocean transportation intermediary, 44976-44978 E7-15593 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 45086-45087 07-3942 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 45049-45050 E7-15596 Permissible nonbanking activities, 45050 E7-15592 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Thrift Savings Plan:

Employee contribution election and contribution allocations, etc., 44982-44984 E7-15635 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 45050-45051 E7-15695 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Trinity River National Wildlife Refuge, Liberty County, TX, 45059-45060 E7-15710 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15612 45053-45054 E7-15614 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— North Gifford Pinchot National Forest, 45006-45007 07-3830 South Gifford Pinchot National Forest, 45006 07-3826 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 45020-45021 07-3917 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Meetings:

Blood Safety Advisory Committee, 45051 E7-15682 Historic Historic Preservation, Advisory Council NOTICES Meetings: Historic Preservation Advisory Council, 45006 07-3897 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 45059 07-3842 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45054-45055 07-3895 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Meetings:

Exxon Valdez Oil Spill Trustee Council, 45059 E7-15727 International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.: Rio Grande Flood Control Project, 45067-45068 E7-15146 San Diego County, CA; Tijuana River Flood Control Project, 45068-45069 E7-15429 International International Trade Commission NOTICES Antidumping: Steel wire garment hangers from— China, 45069-45070 E7-15660 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 45070 E7-15566 Land Land Management Bureau NOTICES Closure of public lands:

Nevada, 45060-45062 E7-15616 Environmental statements; availability, etc.: Western Oregon districts; resource management plans, 45062-45063 07-3906 Meetings: Resource Advisory Councils— Coeur d’Alene, 45064 E7-15707 Roseburg District Resource Advisory Committee, 45064 07-3905 Public land orders: California, 45064 E7-15623 Recreational fee areas: San Berdino County, CA: El Mirage Cooperative Management Area, 45064-45065 E7-15618 Legal Legal Services Corporation NOTICES Budget request (FY 2009); request for comments, 45070-45071 E7-15661 Library Library of Congress See Copyright Office, Library of Congress Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15677 45072-45074 E7-15679 E7-15687 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 45020-45021 07-3917 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Braun Corp., 45087-45088 E7-15611 Grote Industries, LLC, 45088-45089 E7-15613 National Institute National Institute of Standards and Technology NOTICES Meetings: VoIP(Voice over Internet Protocol)-enabled radio system bridging solutions; protocol implementation; public workshop, 45010-45011 E7-15696 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 45055 E7-15622 Meetings:

National Heart, Lung, and Blood Institute, 45055-45056 07-3899 07-3900 National Institute of Dental and Craniofacial Research, 45056 07-3901 National Institute of Neurological Disorders and Stroke, 45056-45057 07-3902 07-3903 Scientific Review Center, 45057-45058 07-3898 Patent licenses; non-exclusive, exclusive, or partially exclusive:, 45058 E7-15621 Scientific Review Center, 45058-45059 07-3904 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Multispecies fishery, 44979-44981 E7-15693 NOTICES Coastal zone management programs and estuarine sanctuaries: Consistency appeals— Donald Williams, 45011-45012 07-3908 Committees; establishment, renewal, termination, etc.: Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 45012 07-3914 Marine mammal permit applications, determinations, etc., 45012-45014 E7-15683 E7-15684 E7-15685 Marine mammals: Incidental taking; authorization letters, etc.— Union Oil Co.;

Cook Inlet, AK; open water seismic operations, 45014-45019 E7-15688 Meetings: North Pacific Fishery Management Council, 45019 E7-15620 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45066-45067 07-3916 National Science National Science Foundation NOTICES Meetings: Ocean Sciences Proposal Review Panel, 45074-45075 E7-15624 Proposal review meetings, 45075 E7-15625 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

West Fork Point Remove Creek Watershed, AR, 45007 E7-15626 Nuclear Nuclear Regulatory Commission RULES Small business size standards; revision, 44951-44954 E7-15555 PROPOSED RULES Agency regulations; miscellaneous corrections, 44988-44990 E7-15554 NOTICES Environmental statements; notice of intent: Entergy Nuclear Operations, Inc., 45075-45076 E7-15636 Occupational Occupational Safety and Health Administration RULES Procedures for handling retaliation complaints under Federal employee protection statutes, 44956-44969 E7-15539 Patent Patent and Trademark Office PROPOSED RULES Patent cases:

Examination of patent applications that include claims containing alternative language, 44992-45001 E7-15591 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline safety: Hazardous liquid pipelines transporting ethanol, ethanol blends, and other biofuels; policy statement, 45002-45005 E7-15615 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 45067 E7-15699 SEC Securities and Exchange Commission RULES Practice and procedures:

IRS identification numbers; references deleted, 45110-45113 E7-15595 Securities futures; short selling in connection with public offering, 45094-45107 E7-15608 PROPOSED RULES Securities: Registration provisions; limited offer exemptions, 45116-45145 E7-15506 NOTICES Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 45077 E7-15598 New York Stock Exchange LLC, 45077-45079 E7-15619 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 45079-45081 E7-15663 State State Department NOTICES Culturally significant objects imported for exhibition:

Pompeo Batoni: Prince of Painters in Eighteenth Century Rome, 45081 E7-15690 Privacy Act; system of records, 45081-45083 E7-15689 Privacy Act; systems of records, 45083-45085 E7-15686 E7-15691 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Canadian Pacific Railway, 45089 E7-15461 Railroad services abandonment: Union Pacific Railroad Co., 45089-45090 E7-15407 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Western Western Area Power Administration NOTICES Environmental statement; notice of intent:

Granby Pumping Plant-Windy Gap Transmission Line Rebuild Project, CO, 45040-45042 E7-15666 Separate Parts In This Issue Part II Securities and Exchange Commission, 45094-45107 E7-15608 Part III Securities and Exchange Commission, 45110-45113 E7-15595 Part IV Securities and Exchange Commission, 45116-45145 E7-15506 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. 72 154 Friday, August 10, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0170] Witchweed Quarantine Regulations; Regulated Areas in North Carolina and South Carolina AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with one change, an interim rule that amended the witchweed regulations by adding or removing areas in North Carolina and South Carolina from the list of regulated areas. Based on information provided by the State of South Carolina, this final rule removes one farm from the list of suppressive areas that appeared in the interim rule. This action is necessary to remove restrictions that are no longer necessary on the interstate movement of regulated articles from areas where witchweed has been eradicated.

DATES: *Effective Date:* August 10, 2007. FOR FURTHER INFORMATION CONTACT: Dr. Alan V. Tasker, Noxious Weeds Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-5708. SUPPLEMENTARY INFORMATION: Background Witchweed ( *Striga* spp.) is a parasitic plant that attacks some of the most important crops in the United States (corn, sorghum, sugar cane, and rice), feeding off the roots of its host and causing degeneration. Within the United States, witchweed is only found in parts of North Carolina and South Carolina. The witchweed quarantine and regulations, contained in 7 CFR 301.80 through 301.80-10 (referred to below as the regulations), quarantine affected areas within the States of North Carolina and South Carolina and restrict the interstate movement of certain articles from regulated areas in those States for the purpose of preventing the spread of witchweed. In an interim rule 1 effective February 15, 2007, and published in the **Federal Register** on February 22, 2007 (72 FR 7923-7926, Docket No. APHIS-2006-0170), we amended the list of regulated areas in § 301.80-2a by removing areas in Cumberland, Pender, Robeson, and Sampson Counties, NC, and Horry and Marion Counties, SC, from the list of suppressive areas. In addition to removing these areas from the list of regulated areas in § 301.80-2a, we also added several areas to the list and revised the descriptions of several areas on the list. 1 To view the interim rule, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0170.* We solicited comments on the interim rule for 60 days ending on April 23, 2007. We did not receive any comments. However, subsequent to the publication of the interim rule, agricultural officials with the State of South Carolina informed us that one farm in Marion County, SC, where witchweed had been eradicated was erroneously listed in the interim rule as a suppressive area. Therefore, in this final rule, we are removing that farm from the list of regulated areas. Therefore, for the reasons given in the interim rule and this document, we are adopting the interim rule as a final rule, with the change discussed in this document. This final rule also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Effective Date Pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find good cause for making this rule effective less than 30 days after publication in the **Federal Register** . The interim rule adopted as final by this rule became effective on February 15, 2007. This rule amends the description of the regulated areas to remove a farm where witchweed has been eradicated. Immediate action is warranted to relieve restrictions on the interstate movement of regulated articles from that farm. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, the interim rule amending 7 CFR part 301 that was published at 72 FR 7923-7926 on February 22, 2007, is adopted as a final rule with the following change: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.80-2a [Amended] 2. In § 301.80-2a, under the heading “South Carolina”, the list of suppressive areas is amended by removing, under Marion County, the entry “The Porter, Hubert, farm located on the south side of an unpaved road known as Bubba Road, 1.3 miles south from its intersection with State Highway 76.” Done in Washington, DC, this 6th day of August 2007. Cindy Smith, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-15711 Filed 8-9-07; 8:45 am] BILLING CODE 3410-34-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 171 RIN 3150-AI15 NRC Size Standards; Revision AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending the size standards it uses to qualify an NRC licensee as a small entity under the Regulatory Flexibility Act and making the same change to its annual fee rule. NRC is increasing the receipts-based small business size standard from $5 million to $6.5 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for the nonmanufacturing industries. SBA adjusted this standard on January 23, 2002 (67 FR 3041) and on December 6, 2005 (70 FR 72577) to account for inflation. DATES: The direct final rule will become effective on October 24, 2007, unless significant adverse comments on the amendment are received by September 10, 2007. If the rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . Comments received after September 10, 2007 will be considered if it is practical to do so, but the NRC is able to ensure only that comments received on or before this date will be considered. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number [RIN 3150-AI15] in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available to the public in their entirety on the NRC rulemaking Web site. Personal information, such as name, address, phone, e-mail address, etc. will not be removed from your submission. *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. *E-mail comments to:* *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol Gallagher

(301)415-5905; e-mail *CAG@nrc.gov.* *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be examined and copied for a fee at the NRC's Public Document Room (PDR), Public File Area O1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can be viewed and downloaded electronically via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS. or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *PDR@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Michael Lesar, Chief, Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-7163, e-mail *mtl@nrc.gov.* SUPPLEMENTARY INFORMATION: Background The NRC established its size standards on December 9, 1985 (50 FR 50241). On November 6, 1991 (56 FR 56671), NRC conformed its format for size standards to mirror the definitions of small entities in the Regulatory Flexibility Act. NRC last adjusted its receipts-based size standard levels in a final rule published in the **Federal Register** on April 11, 1995 (60 FR 18344). The NRC is increasing its receipts-based small business size standard from $5.0 million to $6.5 million. This adjustment is to conform to the SBA receipts-based business size standard, the most commonly used SBA size standard for the nonmanufacturing industries. SBA adjusted this standard for inflation on January 23, 2002 (67 FR 3041) and again on December 6, 2005 (70 FR 72577). The NRC is not revising any of its other size standards at this time. The NRC has coordinated these size standards with the Assistant Director for Size Standards, SBA. This rule change will result in reduced annual fees being imposed on licensees under the FY 2007 fee rule for those licensees with receipts between $5.0 million and $6.5 million. Procedural Background This rulemaking has the simple aim of updating NRC's size standards to reflect those of the SBA. Because the NRC believes that this action should not cause controversy, the NRC is using the direct final rule process for this rule. The amendment in this rule will become effective on October 24, 2007, shortly after the August 6, 2007 effective date of NRC's final license, inspection, and annual fee rule for FY 2007 (72 FR 31401; 6/6/2007). However, if the NRC receives significant adverse comments on this direct final rule by September 10, 2007, the NRC will publish a document that withdraws this action. In that event, the comments received in response to these amendments would then be considered as comments on the companion proposed rule published elsewhere in this **Federal Register** , and the comments will be addressed in a later final rule based on that proposed rule. Unless the modifications to the proposed rule are significant enough to require that it be republished as a proposed rule, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the staff to make a change (other than editorial) to the rule. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC is modifying its size standards. This action does not constitute the establishment of a standard for which the use of a voluntary consensus standard would be applicable. Plain Language The Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883), directed that the Government's documents be in clear and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for the regulation. Paperwork Reduction Act Statement This direct final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Public Protection Notification If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. Regulatory Analysis A regulatory analysis has not been prepared for this final rule because the final rule is administrative in that it amends the criteria the NRC uses for determining which of its licensees qualify as small entities for the purposes of compliance with the Regulatory Flexibility Act. The amended size standards conform to SBA's revised standards and are expected to result in an increase in the number of NRC licensees that qualify as small entities for annual fee assessments and other purposes. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this direct final rule will not have a significant economic impact on a substantial number of small entities. The rule is administrative in that it amends the criteria the NRC uses in determining which of its licensees qualify as small entities for the purposes of compliance with the Regulatory Flexibility Act. The amended size standards conform to SBA's revised standards and are expected to result in an increase in the number of NRC licensees that qualify as small entities. Backfit Analysis The NRC has determined that a backfit analysis is not required for this direct final rule because these amendments do not include any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1). Congressional Review Act In accordance with the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects 10 CFR Part 2 Administrative practice and procedure, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 171 Annual charges, Byproduct material, Holders of certificates, registrations, approvals, Intergovernmental relations, Non-payment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 171. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS 1. The authority citation for part 2 continues to read as follows: Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-550, 84 Stat. 1473 (42 U.S.C. 2135). 2. In § 2.810, paragraph (a)(1) is revised to read as follows: § 2.810 NRC size standards.

(a)* * *

(1)Concern that provides a service or a concern not engaged in manufacturing with average gross receipts of $6.5 million or less over its last 3 completed fiscal years; or PART 171—ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC 3. The authority citation for part 171 continues to read as follows: Authority: Sec. 7601, Pub. L. 99-272, 100 Stat. 146, as amended by sec. 5601, Pub. L. 100-203, 101 Stat. 1330 as amended by sec. 3201, Pub. L. 101-239, 103 Stat. 2132, as amended by sec. 6101, Pub. L. 101-508, 104 Stat. 1388, as amended by sec. 2903a, Pub. L. 102-486, 106 Stat. 3125 (42 U.S.C. 2213, 2214); and as amended by Title IV, Pub. L. 109-103, 119 Stat. 2283 (42 U.S.C. 2214); sec. 301, Pub. L. 92-314, 86 Stat. 227 (42 U.S.C. 2201w); sec. 201, Pub. L. 93-438, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). § 171.16 [Amended] 4. In § 171.16, paragraph

(c)introductory text is revised to read as follows:

(c)A licensee who is required to pay an annual fee under this section may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in the following table. Failure to file a small entity certification in a timely manner could result in the denial of any refund that might otherwise be due. The small entity fees are as follows: Maximum annual fee per licensed category Small Businesses Not Engaged in Manufacturing and Small Not-for-Profit Organizations (Gross Annual Receipts): $350,000 to $6.5 million $2,300 Less than $350,000 500 Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees 2,300 Less than 35 employees 500 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 2,300 Less than 20,000 500 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less: 35 to 500 employees 2,300 Less than 35 employees 500 Dated at Rockville, Maryland, this 27th day of July, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7-15555 Filed 8-9-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28771; Airspace Docket No. 07-ACE-8] Modification of Class E Airspace; Fort Scott, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying Class E airspace at Fort Scott Municipal Airport, KS. Standard Instrument Approach Procedures have been developed for Fort Scott Municipal Airport, KS. Additional controlled airspace extending upward from the surface and upward from 700 feet above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of the existing controlled airspace for Fort Scott Municipal Airport, KS. DATES: This direct final rule is effective on 0901 UTC, December 20, 2007. The director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before October 1, 2007. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You must identify the docket number FAA-2007-28771/Airspace Docket No. 07-ACE-8 at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF building at the above address. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO, 64106; at telephone number

(816)329-2522. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area at Fort Scott Municipal Airport, KS. The radius of the Class E airspace area extending upward from 700 feet or more above the surface of the earth is expanded from within a 6.4-mile radius to within a 7-mile radius of the airport. This modification brings the legal description of the Fort Scott Municipal Airport, KS Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. of the same order. The Class E airspace designations listed in this document would be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenter's wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No FAA-2006-28771/Airspace Docket No. 07-ACE-8.” The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation is non-controversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation

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

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

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

(3)if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Fort Scott Municipal Airport, KS. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp.; p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, is amended as follows: *Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.* ACE KS E5 Fort Scott, KS [Amended] Fort Scott Municipal Airport, KS (Lat. 37°47′54″ N., long. 94°46′10″ W.) Fort Scott NDB (Lat. 37°47′40″ N., long. 94°45′55″ W.) That airspace extending upward from 700 feet above the surface within a 7.0-mile radius of Fort Scott Municipal Airport and within 2.6 miles each side of the 350° bearing from Fort Scott NDB extending from the 7.0-mile radius of the airport to 7 miles north of the NDB. Issued in Fort Worth, TX, on July 31, 2007. Donald R. Smith, Manager, System Support Group, ATO Central Service Area. [FR Doc. 07-3882 Filed 8-9-07; 8:45 am]

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