Notices. Proposed rule

6,252 words·~28 min read·/register/2007/08/15/07-4023

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

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 450X)] BNSF Railway Company—Abandonment Exemption—in Clay County, MO BNSF Railway Company

(BNSF)has filed a notice of exemption under 49 CFR part 1152 Subpart F— *Exempt Abandonments* to abandon a 1.06-mile line of railroad between milepost 199.07 and milepost 200.13, in Kearney, in Clay County, MO (the line). The line traverses United States Postal Service Zip Code 64060. BNSF has certified that:

(1)No local traffic has moved over the line for at least 2 years;

(2)there is no overhead traffic on the line to be rerouted;

(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and

(4)the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen* , 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance

(OFA)has been received, this exemption will be effective on September 14, 2007, unless stayed pending reconsideration. 1 Petitions to stay that do not involve environmental issues, 2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 27, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 4, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. 1 The earliest this transaction may be consummated is September 14, 2007. BNSF confirmed this date by facsimile on August 6, 2007. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis

(SEA)in its independent investigation) cannot be made before the exemption's effective date. *See Exemption of Out-of-Service Rail Lines* , 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to BNSF's representative: Sidney L. Strickland, Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007. If the verified notice contains false or misleading information, the exemption is void *ab initio.* BNSF has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment

(EA)by August 20, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at

(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF's filing of a notice of consummation by August 15, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: August 6, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-15634 Filed 8-14-07; 8:45 am] BILLING CODE 4915-01-P 72 157 Wednesday, August 15, 2007 CORRECTIONS !!!Trumie!!! SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available from: Securities and Exchange Commission, Office of Investor Education and Assistance, Washington, DC 20549-0213. Extension: Form N-8F, SEC File No. 270-136, OMB Control No. 3235-0157. Correction In notice document E7-14563 beginning on page 41531 in the issue of July 30, 2007, make the following correction: On page 41531, in the third column, the document heading and the next three lines are corrected to read as set forth above. [FR Doc. Z7-14563 Filed 8-14-07; 8:45 am] BILLING CODE 1505-01-D !!!Trumie!!! SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available from: US Securities and Exchange Commission, Office of Investor Education and Assistance, Washington DC 20549-0213. Extension: Rule 301 and Forms ATS and ATS-R, SEC File No. 270-451, OMB No. 3235-0509. Correction In notice document E7-14845 appearing on page 42139 in the issue of Wednesday August 1, 2007, make the following correction: On page 42139, in the first column, the document heading and the next seven lines corrected to read as set forth above. [FR Doc. Z7-14845 Filed 8-14-07; 8:45 am] BILLING CODE 1505-01-D !!!Trumie!!! SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: US Securities and Exchange Commission, Office of Investor Education and Assistance, Washington, DC 20549-0213. Extension: Rule 13e-3 (Schedule 13E-3), OMB Control No. 3235-0007, SEC File No. 270-1. Correction In notice document E7-15181 beginning on page 43670 in the issue of Monday, August 6, 2007, make the following correction: On page 43670, in the second column, the document heading is corrected to read as set forth above. [FR Doc. Z7-15181 Filed 8-14-07; 8:45 am] BILLING CODE 1505-01-D !!!DON!!! DEPARTMENT OF TRANSPORTATIION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28853; Directorate Identifier 2006-NM-218-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600 Series Airplanes Correction In proposed rule document 07-3774 beginning on page 43199 in the issue of Friday, August 3, 2007, make the following corrections: § 39.13 [Corrected]

(1)On page 43201, in the third column, in § 39.13(f)(3)(iii), in the ninth line, “5710022-02-2” should read “571022-02-2”.

(2)On the same page, in the same column, in the same section, in the tenth line “A300-60” should read “A300-600”.

(3)On page 43202, in the first column, in § 39.13(h), in the first line “MCAIEASA” should read “MCA IEASA ” [FR Doc. C7-3774 Filed 8-14-07; 8:45 am] BILLING CODE 1505-01-D 72 157 Wednesday, August 15, 2007 Proposed Rules Part II Department of Housing and Urban Development 24 CFR Part 891 Project Design and Cost Standards for the Section 202 and Section 811 Programs; Proposed Rule DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 891 [Docket No. FR-5097-P-01] RIN 2502-AI48 Project Design and Cost Standards for the Section 202 and Section 811 Programs AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Proposed rule. SUMMARY: This proposed rule would revise HUD's regulations that govern the project design and cost standards for HUD's Section 202 Supportive Housing for the Elderly and Section 811 Persons with Disabilities programs. Under these programs, project sponsors are prohibited from using HUD funds for certain project amenities, including swimming pools, private balconies, dishwashers, and washers and dryers. This rule proposes to remove an item from the list of restricted amenities. Specifically, this rule would allow project sponsors to use HUD funds for dishwashers in individual supportive housing units for the elderly and independent living projects for persons with disabilities. In addition, the proposed rule would clarify the applicability of the project design and cost standards to Section 811 group homes. DATES: *Comment Due Date:* October 15, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Interested persons also may submit comments electronically through the Federal eRulemaking Portal at *http://www.regulations.gov.* HUD strongly encourages commenters to submit comments electronically so that HUD can make them immediately available to the public. Commenters should follow the instructions provided on that site to submit comments electronically. Facsimile

(FAX)comments are not acceptable. In all cases, communications must refer to the docket number and title. All comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at

(202)708-3055 (this is not a toll-free number). Copies of all comments submitted are available for inspection and downloading at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Yvonne Jefferson, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6154, Washington, DC 20410-8000, telephone number

(202)708-3000 (this is not a toll-free number). Hearing- and speech-impaired persons may access this number through TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: I. Background Section 202 of the Housing Act of 1959, as amended under section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q) and Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), authorizes HUD to establish programs to provide assistance to expand the supply of housing with supportive services for the elderly and persons with disabilities. HUD's regulations that establish the Section 202 Supportive Housing for the Elderly program (Section 202 program) and HUD's Section 811 Supportive Housing for Persons with Disabilities program (Section 811 program) are set forth at 24 CFR part 891. Under the Section 202 program, HUD provides assistance to expand the supply of housing with supportive services for the elderly. Specifically, HUD provides capital advances to eligible private, nonprofit sponsors to finance the development of rental housing with supportive services for the elderly. Similarly, the Section 811 program provides assistance to expand the supply of housing with the availability of supportive services for persons with disabilities. Again, HUD provides capital advances to eligible nonprofit sponsors, which have a Section 501(c)(3) tax exemption ruling, to finance the development of rental housing with the availability of supportive services for persons with disabilities. Section 891.120 establishes the project design and cost standards for Section 202 and Section 811 projects. Projects must be modest in design and certain amenities are not eligible for HUD capital advance or project rental assistance contract

(PRAC)funds. Among the amenities for which HUD funding is restricted are private balconies and decks, atriums, bowling alleys, swimming pools, saunas, Jacuzzis, dishwashers, trash compactors, and washers and dryers. Section 202 and 811 project sponsors may include these amenities, but must not use HUD funds for the purchase of an ineligible amenity or the continued operating costs associated with the ineligible amenity. II. This Proposed Rule This proposed rule would revise HUD's regulations that govern the project design and cost standards for HUD's Section 202 and Section 811 programs. Although HUD believes that projects must be modest in design, HUD acknowledges that many items once considered “excess amenities” are standard in today's housing market. HUD is also aware that certain amenities, such as dishwashers, are necessary to maintain the quality of life for elderly and disabled residents. Providing the elderly and persons with disabilities with the necessary appliances to assist with cleaning of dishes would help promote healthy living conditions, and assist independent living. This rule proposes to remove dishwashers from the list of restricted amenities. Specifically, this rule would amend 24 CFR 891.120(c) to allow project sponsors to use HUD funds for dishwashers in independent living units occupied by the elderly and persons with disabilities. In addition, HUD proposes to clarify the applicability of the regulations at 24 CFR 891.120 to Section 811 group homes. Currently, the provisions in § 891.120(c) do not address Section 811 group homes specifically; therefore, some confusion exists concerning eligible amenities in Section 811 group homes. III. Findings and Certifications Environmental Impact This proposed rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The proposed rule would allow Section 202 and Section 811 funds to be used to include a certain household appliance in supportive housing units for the elderly and persons with disabilities. The regulatory change does not revise or establish new binding requirements on project sponsors or owners. Rather, this proposed rule updates HUD's regulations to authorize the use of Section 202 and Section 811 funds for an amenity standard in today's housing market. The change will assist the elderly and persons with disabilities to live independently. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities. Notwithstanding HUD's determination that this rule will not have a significant economic impact on a substantial number of small entities, HUD specifically invites comments regarding less burdensome alternatives to this rule that will meet HUD's objectives, as described in this preamble. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(2 U.S.C. 1531-1538) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and the private sector. This rule does not impose any federal mandate on state, local, or tribal government, or the private sector within the meaning of UMRA. Federalism Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments, and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of Section 6 of the Executive Order. This rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments nor preempt state law within the meaning of the Executive Order. Catalog of Federal Domestic Assistance

(CFDA)The CFDA number for the Section 202 program is 14.157 and the CFDA number for the Section 811 program is 14.181. List of Subjects in 24 CFR Part 891 Aged, Grant programs—housing and community development, Individuals with disabilities, Loan programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements. For the reasons stated in the preamble, HUD proposes to amend 24 CFR part 891 to read as follows: PART 891—SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES 1. The authority citation for part 891 continues to read as follows: Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f, 3535(d), and 8013. 2. Revise § 891.120(c) to read as follows: § 891.120 Project design and cost standards.

(c)*Restrictions on amenities.* Projects must be modest in design. In individual units in supportive housing for the elderly and in independent living facilities for persons with disabilities, amenities not eligible for HUD funding include individual unit balconies and decks, atriums, bowling alleys, swimming pools, saunas, Jacuzzis, trash compactors, washers, and dryers. However, HUD funding is eligible to pay for washers and dryers in group homes for persons with disabilities. Sponsors may include certain excess amenities but they must pay for them from sources other than the Section 202 or 811 capital advance. They must also pay for the continuing operating costs associated with any excess amenities from sources other than the Section 202 or 811 project rental assistance contract. Dated: July 13, 2007. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E7-15962 Filed 8-14-07; 8:45 am] BILLING CODE 4210-67-P 72 157 Wednesday, August 15, 2007 Rules and Regulations Part III Department of Housing and Urban Development 24 CFR Part 990 Public Housing Operating Fund Program; Revised Transition Funding Schedule for Calendar Years 2007 Through 2012; Final Rule DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 990 [Docket Number FR-5105-F-02] RIN 2577-AC72 Public Housing Operating Fund Program; Revised Transition Funding Schedule for Calendar Years 2007 Through 2012 AGENCY: Office of the Assistant Secretary for Public and Indian Housing; HUD. ACTION: Final rule. SUMMARY: This final rule modifies HUD's regulations for transition funding under the Operating Fund Program. The Operating Fund Program, as revised by a September 19, 2005, final rule, adopted a new formula for determining the payment of operating subsidy to public housing agencies (PHAs). Transition funding is based on the difference in subsidy levels between the new formula and the formula in effect prior to the implementation of the September 19, 2005, final rule. As a result of the new formula, PHAs may experience either an increase or decrease in the amount of funding that they receive. This final rule revises the schedule for those PHAs that will experience a decline in funding, by extending the transition phase-in period an additional year. This final rule follows publication of the two proposed rules published on November 24, 2006, and takes into consideration the public comments received on the proposed rules. With the exception of a technical change, this final rule adopts the proposed regulatory changes without change. DATES: *Effective Date:* September 14, 2007. FOR FURTHER INFORMATION CONTACT: Elizabeth Hanson, Deputy Assistant Secretary, Departmental Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2000, Washington, DC 20410; telephone number

(202)475-7949 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: I. Background A. The September 19, 2005, Final Rule On September 19, 2005, at 70 FR 54984, HUD published a final rule amending the regulations of the Public Housing Operating Fund Program at 24 CFR part 990 to provide a new formula for distributing operating subsidy to PHAs and to establish requirements for PHAs to convert to asset management. More detailed information about this rule can be found in the preamble to the September 19, 2005, final rule. Additionally, on October 24, 2005, at 70 FR 61366, HUD published a technical correction (Correction Notice) correcting the September 19, 2005, final rule to provide that the revised allocation formula is to be implemented for calendar year 2007, and adjusting the related dates specified in the rule to reflect the corrected implementation date. In accordance with both the September 19, 2005, final rule and the Correction Notice, the new Operating Fund formula for determining public housing operating subsidies goes into effect in calendar year 2007. As a result of the new formula, PHAs may experience either an increase or decrease in the amount of funding that they receive. PHAs that will experience a gain under the new formula would receive 50 percent of their gain in calendar year 2007 and the full amount of the gain in calendar year 2008. For PHAs experiencing a decrease in operating subsidy as a result of the new formula, the current regulations limit that reduction to 24 percent of the difference between the old and new funding levels in the first year following implementation. In each of the following three years the subsidy will be reduced by 43, 62, and 81 percent of the difference, respectively. In the last year of the phase-in PHAs will be subject to the full decrease. The phase-in of the reduction in subsidy is designed to lessen the impact of the decline in funding, assisting PHAs with the conversion to asset management while continuing PHAs' ability to perform necessary functions and provide services. B. The November 24, 2006, Proposed Rules On November 24, 2006, HUD published two proposed rules for public comment to revise HUD's regulations for transition funding under the Operating Fund Program. For PHAs that experience a decline, the first rule published on November 24, 2006 (71 FR 68408), proposed to cap the loss at 5 percent of the difference between the old and the new funding levels for calendar year 2007. As explained in the preamble to the proposed rule, the transition phase-in schedule codified in the part 990 regulations is the product of negotiated rulemaking. The negotiated rulemaking committee discussed the phase-in of reductions at length and agreed upon the schedule established in the September 19, 2005, final rule. Increased utility costs in public housing have reduced funding levels relative to total eligibility. Implementation of a difference of 24 percent at this time, given current utility costs, would in effect result in subsidy losses greater than the agreed upon 24 percent. The second rule published on November 24, 2006 (71 FR 68404), proposed to modify the transition phase-in schedule for the years following calendar year 2007 to reflect the one-time 5 percent cap. The proposed transition funding schedule would result in a 24 percent reduction in calendar year 2008, a 43 percent reduction in calendar year 2009, a 62 percent reduction in calendar year 2010, and an 81 percent reduction in calendar year 2011. The phase-in would conclude with the full reduction being experienced in calendar year 2012. Assuming no change in appropriations, HUD estimates that PHAs experiencing a subsidy increase under the new formula will have their subsidy reduced by approximately 0.7 percent as a result of the extended transition schedule. The 0.7 percent reduction is constant for each year of the transition funding schedule, but will end in year 2012 upon completion of the formula phase-in. While these PHAs have also experienced an increase in utility costs, the overall effect of the two November 24, 2006, proposed rules would be to more closely match the agreements reached during the negotiated rulemaking process. These proposed revisions to the transition phase-in schedule were intended to provide PHAs experiencing a reduction in operating subsidy with adequate time to plan and prepare their budget and management operations. All other provisions of the September 19, 2005, final rule and the Correction Notice remain unchanged and in effect. II. This Final Rule This final rule follows publication of the two November 24, 2006, proposed rules and takes into consideration the public comments received on the proposed rules. Given the similarity in the subject matter of the two proposed rules, and of the issues raised by the public comments on both proposed rules, HUD has decided to follow publication of the proposed rules with this single consolidated final rule. The public comment period on the first proposed rule closed on December 26, 2006. HUD received six public comments. Comments were received from individual PHAs, organizations representing PHAs, and a consulting firm. During the public comment period on the second proposed rule, which closed on January 23, 2007, HUD received 10 public comments. The comments were received from individual PHAs, organizations representing PHAs, consulting firms, and a labor union. Comments generally supported the proposed rules, and HUD has carefully considered the issues raised. As explained more fully in section III of this preamble, and to address confusion expressed by the commenters on the proposed rule, HUD has updated the table at § 990.230(e) regarding “stop loss” application due dates to reflect the most recent information posted on HUD's Web site. With the exception of this technical change, HUD has adopted the two proposed rules without change. III. Discussion of Public Comments Received on the November 24, 2006, Proposed Rules *Comment: Support for proposed rules.* The majority of commenters wrote in support of the two November 24, 2006, proposed rules. The commenters wrote that the proposed rules avoid the possible adverse consequences of the currently codified transition funding schedule, which might have necessitated the laying off of PHA staff and otherwise negatively impacting the ability of PHAs to provide safe and decent housing. *HUD Response.* HUD appreciates the support expressed by the commenters. As noted, this final rule adopts the two proposed rules without substantive change. *Comment: Proposed rules will negatively impact historically underfunded PHAs.* Several commenters opposed the proposed rules on the grounds that the “cost” of the revised transition funding schedule would be borne by those PHAs that have historically been underfunded. As noted above in this preamble, PHAs experiencing a subsidy increase under the new formula will have their subsidy reduced by approximately 0.7 percent as a result of the extended transition provision, assuming no change in appropriations. *HUD Response.* HUD has not revised the rules in response to this comment. The commenter is correct in noting that the revised transition-funding schedule will result in a slight decrease in funding for those PHAs gaining under the new formula. However, as indicated above in this preamble, the overall effect of this final rule is to more closely match the agreements reached during the negotiated rulemaking process that developed the revised Operating Fund formula. The members of the negotiated rulemaking committee discussed the phase-in of subsidy reductions at length. Implementation of a difference of 24 percent at this time, given current utility costs, would in effect result in greater subsidy losses than those agreed upon by the committee members. *Comment: Losses should be permanently capped at 5 percent for small PHAs.* Several commenters recommended that the losses for small PHAs be permanently capped at 5 percent. *HUD Response.* HUD has not adopted the change requested by the commenter. The members of the negotiated rulemaking committee that developed the new Operating Fund formula represented a large cross-section of PHAs, both large and small and from different geographic regions. The committee agreed that the transition-funding schedule should not vary due to PHA size. However, in consideration of the unique organizational and administrative challenges faced by small PHAs, the part 990 regulations allow PHAs with less than 250 units to elect whether to convert to asset management (other PHAs are required to convert). HUD is also taking steps to facilitate the transition to asset management for those small PHAs that elect to convert. For example, on September 6, 2006, at 71 FR 52710, HUD published a notice providing interim guidance on implementation of asset management, which addressed the possible administrative and financial burdens for small PHAs of establishing a central office cost center (see 71 FR 52712). *Comment: Extension of first-year stop-loss application.* As a result of a typographical error in the November 24, 2006, proposed rules, several commenters mistakenly read them as extending the first-year deadline for “stop-loss” applications. Specifically, the two proposed rules mistakenly proposed to revise the table codified at § 990.230(e) establishing the demonstration dates under the “stop loss provision” of the regulations. These commenters supported a “further extension” of the stop-loss application deadline. *HUD Response.* As the preambles to both proposed rules made clear, and as several other commenters noted, the November 24, 2006, proposed rules were exclusively concerned with the transition funding schedule, and did not address the subject of stop-loss. However, HUD is aware that the table codified at § 990.230(e) is outdated, given the adjustments to the stop-loss application due dates (see Public and Indian Housing

(PIH)Notice 2007-16, issued on June 18, 2007). To address the potential for confusion, HUD has taken the opportunity provided by this final rule to update the codified table. The updated table codified by this final rule is identical to the table contained in PIH Notice 2007-16, and HUD wishes to emphasize that this final rule does not modify the stop-loss application due dates. The due dates provided in PIH Notice 2007-16 remain in effect. IV. Findings and Certifications Regulatory Planning and Review The Office of Management and Budget

(OMB)reviewed this rule under Executive Order 12866 (entitled “Regulatory Planning and Review”). OMB determined that this rule is a “significant regulatory action” as defined in section 3(f) of the Order (although not an economically significant regulatory action, as provided under section 3(f)(1) of the Order). The docket file is available for public inspection in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the docket file by calling the Regulations Division at

(202)708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. Environmental Impact This rule provides operating instructions and procedures in connection with activities under a **Federal Register** document that has previously been subject to a required environmental review. Accordingly, under 24 CFR 50.19(c)(4), this Notice is categorically excluded from environmental review under the National Environmental Policy Act (42 U.S.C. 4321). Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The entities that would be subject to this rule are PHAs that administer public housing. Under the definition of “small governmental jurisdiction” in section 601(5) of the RFA, the provisions of the RFA are applicable only to those PHAs that are part of a political jurisdiction with a population of under 50,000 persons. The number of entities potentially affected by this rule is therefore not substantial. Further, this rule modifies the transition funding percentage for calendar year 2007 for PHAs experiencing a decline in funding between the old and new funding formulas, easing the transition for PHAs of all sizes. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities. Executive Order 13132, Federalism Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule will not have federalism implications and would not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive Order. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)

(UMRA)establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This rule will not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of the UMRA. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance

(CFDA)Program number is 14.850. List of Subjects in 24 CFR Part 990 Accounting, Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements. Accordingly, for the reasons described in the preamble, HUD amends 24 CFR part 990 to read as follows: PART 990—THE PUBLIC HOUSING OPERATING FUND PROGRAM 1. The authority citation for 24 CFR part 990 continues to read as follows: Authority: 42 U.S.C. 1437g; 42 U.S.C. 335(d). 2. Revise § 990.230(a), (b), (c), and

(e)to read as follows: § 990.230 PHAs that will experience a subsidy reduction.

(a)For PHAs that will experience a reduction in their operating subsidy, as determined in § 990.225, such reductions will have a limit of:

(1)5 percent of the difference between the two funding levels in the first year of implementation of the formula contained in this part;

(2)24 percent of the difference between the two funding levels in the second year of implementation of the formula contained in this part;

(3)43 percent of the difference between the two levels in the third year of implementation of the formula contained in this part;

(4)62 percent of the difference between the two levels in the fourth year of implementation of the formula contained in this part; and

(5)81 percent of the difference between the two levels in the fifth year of implementation of the formula contained in this part.

(b)The full amount of the reduction in the operating subsidy level shall be realized in the sixth year of implementation of the formula contained in this part.

(c)For example, a PHA has a subsidy reduction from $1 million, under the formula in effect prior to implementation of the formula contained in this part, to $900,000, under the formula contained in this part using FY 2004 data. The difference would be calculated at $100,000 ($1 million − $900,000 = $100,000). In the first year, the subsidy reduction would be limited to $5,000 (5 percent of the difference). Thus, the PHA would receive an operating subsidy amount pursuant to this rule plus a transition-funding amount of $95,000 (the $100,000 difference between the two subsidy amounts minus the $5,000 reduction limit).

(e)The schedule for successful demonstration of conversion to asset management for discontinuation of PHA subsidy reduction is reflected in the table below: Stop-Loss Demonstration Time Line and Effective Dates Demonstration date by Applications due Reduction stopped at Reduction effective for September 30, 2007 October 15, 2007 5 percent of the PUM difference Calendar Year 2007 and thereafter. April 1, 2008 April 15, 2008 24 percent of the PUM difference Calendar Year 2008 and thereafter. October 1, 2008 October 15, 2008 43 percent of the PUM difference Calendar Year 2009 and thereafter. October 1, 2009 October 15, 2009 62 percent of the PUM difference Calendar Year 2010 and thereafter. October 1, 2010 October 15, 2010 81 percent of the PUM difference Calendar Year 2011 and thereafter. Dated: August 2, 2007. Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing. [FR Doc. E7-15961 Filed 8-14-07; 8:45 am] BILLING CODE 4210-67-P 72 157 Wednesday, August 15, 2007 Presidential Documents Part IV The President Executive Order 13442—Amending the Order of Succession in the Department of Homeland Security Title 3— The President Executive Order 13442 of August 13, 2007 Amending the Order of Succession in the Department of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, *et seq* ., it is hereby ordered as follows: **Section 1.** Section 88 of Executive Order 13286 of February 28, 2003 (“Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security”), is amended by striking the text of such section in its entirety and inserting the following in lieu thereof: “Sec. 88. Order of Succession. Subject to the provisions of subsection

(b)of this section, the officers named in subsection

(a)of this section, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Homeland Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 *et seq* . (Vacancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary.

(a)Order of Succession. ”(i) Deputy Secretary of Homeland Security;

(ii)Under Secretary for National Protection and Programs;

(iii)Under Secretary for Management;

(iv)Assistant Secretary of Homeland Security (Policy);

(v)Under Secretary for Science and Technology;

(vi)General Counsel;

(vii)Assistant Secretary of Homeland Security (Transportation Security Administration);

(viii)Administrator of the Federal Emergency Management Agency;

(ix)Commissioner of U.S. Customs and Border Protection;

(x)Assistant Secretary of Homeland Security (U.S. Immigration and Customs Enforcement);

(xi)Director of U.S. Citizenship and Immigration Services;

(xii)Chief Financial Officer;

(xiii)Regional Administrator, Region V, Federal Emergency Management Agency;

(xiv)Regional Administrator, Region VI, Federal Emergency Management Agency;

(xv)Regional Administrator, Region VII, Federal Emergency Management Agency;

(xvi)Regional Administrator, Region IX, Federal Emergency Management Agency; and

(xvii)Regional Administrator, Region I, Federal Emergency Management Agency. “(b) Exceptions.

(i)No individual who is serving in an office listed in subsection

(a)in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section.

(ii)Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Vacancies Act, to depart from this order in designating an acting Secretary.” **Sec. 2.** Executive Order 13362 of November 29, 2004 (“Designation of Additional Officers for the Department of Homeland Security Order of Succession”), is hereby revoked. GWBOLD.EPS THE WHITE HOUSE, August 13, 2007. [FR Doc. 07-4023 Filed 8-14-07; 8:52 am]

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