Unknown. Final rule

7,544 words·~34 min read·/register/2007/08/17/07-4042

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-2007-08-17.xml --- 72 159 Friday, August 17, 2007 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Walnuts grown in California, 46183-46185 E7-16199 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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 RULES Medicare:

Civil monetary penalties, assessments, exclusions, and related appeals procedures Correction, 46175 E7-16167 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 46145 E7-16193 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Sault Ste. Marie Captain of Port Zone, Mackinaw City, MI, 46145 E7-16205 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Tinian, Northern Mariana Islands, 46185-46188 E7-16203 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E7-16219 46207-46209 E7-16220 E7-16221 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Outpatient hospital prospective payment system; withdrawn, 46144-46145 07-4042 Federal Acquisition Regulation (FAR): Accepting and dispensing of $1 coin, 46361-46363 07-3803 Alaska Native Corporations and Indian tribes; small business credit, 46345-46357 07-3798 Approved authentication products and services; purchase requirement, 46333-46335 07-3795 Combating trafficking in persons, 46335-46342 07-3796 Emergency acquisitions, 46342-46345 07-3797 Free trade agreements— Bahrain and Guatemala, 46361 07-3802 Bulgaria, Dominican Republic, and Romania, 46357-46359 07-3799 El Salvador, Honduras, and Nicaragua, 46360-46361 07-3801 Introduction, 46324-46326 07-3806 Lobbying restrictions; changes, 46327-46332 07-3807 Online Representations and Certifications Application archiving capability, 46333 07-3794 Online Representations and Certifications Application Review, 46359-46360 07-3800 Purchases from overseas sources; reporting requirement, 46326-46327 07-3808 Small Entity Compliance Guide, 46363-46366 07-3805 Technical amendments, 46363 07-3804 Energy Energy Department See Energy Efficiency and Renewable Energy Office Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Biomass Research and Development Technical Advisory Committee, 46214-46215 E7-16228 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Louisiana, 46161-46164 E7-16171 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Montana, 46158-46161 E7-15784 Air quality implementation plans; approval and promulgation; various States:

Colorado, 46148-46157 E7-16146 Idaho and Washington; withdrawn, 46157-46158 E7-16217 Hazardous waste program authorizations: New Mexico, 46165-46171 E7-16244 Superfund programs: National oil and hazardous substances contingency plan priorities list, 46171-46175 E7-16062 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Louisiana, 46188-46189 E7-16170 Air quality implementation plans; approval and promulgation; various States:

Colorado, 46188 E7-16164 Hazardous waste program authorizations: New Mexico, 46189 E7-16243 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46215-46216 E7-16229 Air pollution control: Citizens suits; proposed settlements— Ingersoll-Rand Co., 46224-46225 E7-16254 Environmental statements; availability, etc.: Agency comment availability, 46216-46217 E7-16242 Agency weekly receipts, 46217-46218 E7-16257 Superfund program: Federal Agency Hazardous Waste Compliance Docket;

Federal facilities; list update, 46218-46224 E7-16231 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 46225-46227 E7-16215 E7-16218 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46259-46260 E7-16194 Environmental statements; notice of intent: Collier County, FL, 46260 07-4017 Travis County, TX, 46260-46261 07-4024 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications; vision requirement exemptions, 46261-46263 E7-16201 Reports and guidance documents; availability, etc.: NAFTA cross-border trucking provisions; demonstration project, 46263-46289 E7-16207 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC): Routing number guide to next-day availability checks and local checks; reduction of schedules for certain nonlocal checks; technical amendments, 46143-46144 E7-16184 NOTICES Banks and bank holding companies:

Change in bank control, 46227-46228 E7-16183 Permissible nonbanking activities, 46228 E7-16214 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Cape Sable seaside sparrow, 46189-46193 07-4030 Forest Forest Service NOTICES Meetings: Lake Tahoe Basin Federal Advisory Committee, 46194 07-4025 Resource Advisory Committees— Lake County, 46194 07-4034 Sanders County, 46194 07-4033 Recreation fee areas: Ottawa National Forest, MI;

Black River Harbor Day Use Area; pavilion use fees, 46194-46195 07-4032 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Accepting and dispensing of $1 coin, 46361-46363 07-3803 Alaska Native Corporations and Indian tribes; small business credit, 46345-46357 07-3798 Approved authentication products and services; purchase requirement, 46333-46335 07-3795 Combating trafficking in persons, 46335-46342 07-3796 Emergency acquisitions, 46342-46345 07-3797 Free trade agreements— Bahrain and Guatemala, 46361 07-3802 Bulgaria, Dominican Republic, and Romania, 46357-46359 07-3799 El Salvador, Honduras, and Nicaragua, 46360-46361 07-3801 Introduction, 46324-46326 07-3806 Lobbying restrictions; changes, 46327-46332 07-3807 Online Representations and Certifications Application archiving capability, 46333 07-3794 Online Representations and Certifications Application Review, 46359-46360 07-3800 Purchases from overseas sources; reporting requirement, 46326-46327 07-3808 Small Entity Compliance Guide, 46363-46366 07-3805 Technical amendments, 46363 07-3804 NOTICES Federal Management Regulation:

Federal buildings; redesignations (FMR Bulletin PBS-2007-B3), 46228 E7-15989 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Privacy Act; systems of records, 46228-46231 07-4019 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 46231-46232 E7-16196 Meetings:

National Infrastructure Advisory Council, 46232-46233 E7-16188 Housing Housing and Urban Development Department RULES Community development block grants: Small Cities Program, 46368-46371 E7-16197 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-16180 46233-46235 E7-16181 E7-16185 E7-16186 Grants and cooperative agreements; availability, etc.: Disaster Housing Assistance Program, 46235-46236 E7-16271 Homeless assistance; excess and surplus Federal properties, 46294-46322 E7-15938 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

EHI Group USA, Inc., 46209-46210 07-4036 Jiang, Qing Chang, 46210-46212 07-4035 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 46291 E7-16179 International International Trade Administration NOTICES Antidumping: Low enriched uranium from— France, 46212 E7-16230 International International Trade Commission NOTICES Import investigations: Folding metal tables and chairs from— China, 46245-46246 E7-16225 Laminated woven sacks from— China, 46246 E7-16224 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.:

California Desert District Advisory Council, 46236-46237 07-3891 Environmental statements; availability, etc.: North Steens Ecosystem Restoration Project, OR, 46237-46238 E7-16126 Meetings: Resource Advisory Councils— Arizona, 46238 07-4026 Realty actions; sales, leases, etc.: Arizona, 46238-46239 E7-16198 California, 46239-46240 E7-16200 Colorado, 46240-46241 E7-16202 Montana, 46241-46242 E7-16206 Nevada, 46242-46243 E7-16204 Resource management plans, etc.: Alabama and Mississippi;

BLM-administered lands and mineral estate, 46243-46244 E7-16165 Garfield and Rio Blanco Counties, CO, 46244 E7-16308 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Accepting and dispensing of $1 coin, 46361-46363 07-3803 Alaska Native Corporations and Indian tribes; small business credit, 46345-46357 07-3798 Approved authentication products and services; purchase requirement, 46333-46335 07-3795 Combating trafficking in persons, 46335-46342 07-3796 Emergency acquisitions, 46342-46345 07-3797 Free trade agreements— Bahrain and Guatemala, 46361 07-3802 Bulgaria, Dominican Republic, and Romania, 46357-46359 07-3799 El Salvador, Honduras, and Nicaragua, 46360-46361 07-3801 Introduction, 46324-46326 07-3806 Lobbying restrictions; changes, 46327-46332 07-3807 Online Representations and Certifications Application archiving capability, 46333 07-3794 Online Representations and Certifications Application Review, 46359-46360 07-3800 Purchases from overseas sources; reporting requirement, 46326-46327 07-3808 Small Entity Compliance Guide, 46363-46366 07-3805 Technical amendments, 46363 07-3804 National Archives National Archives and Records Administration RULES Public availability and use:

Reproduction services; fee schedule, 46145-46148 E7-16233 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 46246-46247 E7-16178 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standard: Parts marking requirements; extension to additional vehicles; response to petitions for reconsideration; correction, 46175-46176 E7-16125 NOTICES Reports and guidance documents; availability, etc.:

Child restraint systems; educational messages to improve use, 46289-46291 07-4022 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 46176-46177 E7-16234 NOTICES Marine mammal permit applications, determinations, etc., 46213 E7-16227 46212-46213 E7-16237 Reports and guidance documents; availability, etc.: Coastal and Estuarine Land Conservation Program; guidelines, 46213-46214 07-4050 North American Datum of 1983 State Plane Coordinates in feet— West Virginia, 46214 07-4021 National Park National Park Service NOTICES Environmental statements; notice of intent:

Petrified Forest National Park, AZ, 46244-46245 07-3877 National Science National Science Foundation NOTICES Environmental statements; availability, etc.: U.S. Implementing Organization's participation in Integrated Ocean Drilling Program, 46247-46249 07-3949 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Pa’ina Hawaii LLC, 46249-46251 E7-16255 Personnel Personnel Management Office RULES Allowances and differentials: Cost-of-living allowances (nonforeign areas)— Virgin Islands; rate changes, 46141-46142 E7-16226 PROPOSED RULES Retirement:

Retirement Systems Modernization Project, 46178-46183 E7-16256 Postal Postal Regulatory Commission NOTICES Meetings: Industry delivery tracking system; briefing, 46251 07-4029 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 46251-46253 E7-16212 RUS Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.: High energy cost rural communities assistance program, 46195-46207 E7-16216 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 46253-46255 E7-16208 CBOE Futures Exchange, LLC, 46255-46257 E7-16209 Chicago Board Options Exchange, Inc., 46257-46258 E7-16210 SBA Small Business Administration NOTICES Disaster loan areas: Oklahoma, 46258 E7-16192 Texas, E7-16190 46258-46259 E7-16191 Social Social Security Administration RULES Grants and agreements: Nonprocurement debarment and suspension; OMB guidance; implementation, 46139-46141 E7-16195 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Commonwealth Railway Inc., 46291 E7-16211 Transportation Transportation Department See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S. U.S. Citizenship and Immigration Services RULES Immigration: Benefit application fee schedule adjustment, 46142-46143 E7-14973 Separate Parts In This Issue Part II Housing and Urban Development Department, 46294-46322 E7-15938 Part III Defense Department;

General Services Administration; National Aeronautics and Space Administration, 07-3794 46324-46366 07-3795 07-3796 07-3797 07-3798 07-3799 07-3800 07-3801 07-3802 07-3803 07-3804 07-3805 07-3806 07-3807 07-3808 Part IV Housing and Urban Development Department, 46368-46371 E7-16197 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. 72 159 Friday, August 17, 2007 Rules and Regulations SOCIAL SECURITY ADMINISTRATION 2 CFR Part 2336 and 20 CFR Part 436 [Docket No.

SSA 2007-0033] RIN 0960-AG48 SSA Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY: Social Security Administration. ACTION: Final rule. SUMMARY: The Social Security Administration

(SSA)is moving its regulations on nonprocurement debarment and suspension from title 20 of the Code of Federal Regulations (CFR), chapter III, part 436, to title 2 of the CFR, subtitle B, chapter 23, part 2336. In 2 CFR part 180, the Office of Management and Budget

(OMB)provides guidance for Federal agencies on the government-wide debarment and suspension system for nonprocurement programs and activities. SSA is implementing regulations covering policies and procedures for nonprocurement debarment and suspension by adopting OMB's guidance in 2 CFR part 180 and adding some provisions that are specific to SSA. The new part in 2 CFR will be substantively the same as the prior nonprocurement debarment and suspension regulations that set forth common policies and procedures that Federal Executive branch agencies use in taking suspension and debarment actions (the common rule). However, 2 CFR will consolidate all of the Executive agencies' regulations in one location so that they are easier to find. This regulatory action is an administrative simplification that makes no substantive change in SSA policies or procedures for nonprocurement debarment and suspension. DATES: This final rule is effective August 17, 2007. FOR FURTHER INFORMATION CONTACT: Phyllis Y. Smith, Chief Grants Management Officer, Office of Operations Contracts and Grants, Office of Acquisition and Grants, SSA, 7111 Security Blvd, 1st Floor Rear Entrance, Baltimore, MD 21244; e-mail: *phyllis.y.smith@ssa.gov;* telephone

(410)965-9518; fax

(410)966-9310. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Background Executive Order 12549, “Debarment and Suspension,” issued on February 18, 1996, gave government-wide effect to each Federal Executive agency's nonprocurement debarment and suspension actions. Section 6 of the Executive Order authorized OMB to issue guidance to Executive agencies on nonprocurement debarment and suspension, including provisions prescribing government-wide criteria and minimum due process procedures. Section 3 directed Executive agencies to issue regulations implementing the Executive Order that were consistent with the OMB guidelines. On May 11, 2004, in the **Federal Register** (69 FR 26275), OMB established title 2 in the CFR for grants and other financial assistance and nonprocurement agreements. Title 2 consisted of two subtitles, subtitles A and B. Subtitle A, “Office of Management and Budget Guidance for Grants and Agreements,” contained OMB government-wide policy guidance to Federal agencies. Subtitle B, “Federal Agency Regulations for Grants and Agreements,” was reserved for Federal agencies' regulations implementing the OMB guidance as it applies to grants and other financial assistance agreements and nonprocurement transactions. On August 31, 2005, OMB published interim final guidance for government-wide nonprocurement debarment and suspension in the **Federal Register** (70 FR 51863). The guidance, located in 2 CFR part 180, updated previous OMB guidance. The interim final guidance conformed the OMB guidance with an update to the common rule on nonprocurement debarment and suspension for Federal agencies published in the **Federal Register** on November 26, 2003 (see 70 FR 51864). On November 15, 2006, OMB published a final rule adopting the interim final guidance with changes (71 FR 66431). Regulatory Change In accordance with OMB's guidance, this final rule moves SSA's nonprocurement debarment regulations to subtitle B in a new chapter 23, part 2336, and removes them from 20 CFR part 436. The substance of the regulations is unchanged. Regulatory Procedures Pursuant to sections 205(a), 702(a)(5) and 1631(d)(1) of the Social Security Act, 42 U.S.C. 405(a), 902(a)(5) and 1383(d)(1), we follow the Administrative Procedure Act

(APA)rulemaking procedures specified in 5 U.S.C. 553 in the development of our regulations. The APA provides exceptions to its prior notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. In the case of this rule, we have determined that, under 5 U.S.C. 553(b)(B), good cause exists for dispensing with the notice and public comment procedures because we are merely moving our rules on debarment and suspension to a new title in the CFR. We are making no substantive changes in the rules. Therefore, opportunity for prior comment is unnecessary, and we are issuing these regulations as a direct final rule. In addition, we find good cause for dispensing with the 30-day delay in the effective date of a substantive rule, provided for by 5 U.S.C. 553(d). As explained above, we are merely moving our rules on debarment and suspension to a new title in the CFR. This is a government-wide initiative to streamline and simplify debarment and suspension rules in one place in the CFR. Therefore, we find that it is in the public interest to make these rules effective upon publication. Executive Order 12866 We have consulted with the Office of Management and Budget

(OMB)and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as amended. Thus, it was not subject to OMB review. We have also determined that this rule meets the plain language requirement of Executive Order 12866, as amended. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This rule does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act This rule will impose no additional reporting or recordkeeping requirements requiring OMB clearance. (Catalog of Federal Domestic Assistance Program Nos. 96.007, Social Security—Research and Demonstration; and 96.008, Social Security Administration—Benefits Planning, Assistance, and Outreach Program) List of Subjects 2 CFR Part 2336 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 20 CFR Part 436 Administrative practice and procedure, Grant programs, Reporting and recordkeeping requirements. Dated: May 8, 2007. Michael J. Astrue, Commissioner of Social Security. Accordingly, under the authority of 42 U.S.C. 902(a)(5); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235), SSA amends the Code of Federal Regulations, title 2, subtitle B, and title 20, chapter 3, part 436, as follows: Title 2—Grants and Agreements 1. Add chapter XXIII, part 2336 to subtitle B, to read as follows: CHAPTER XXIII—SOCIAL SECURITY ADMINISTRATION PART 2336—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 2336.10 What does this part do? 2336.20 Does this part apply to me? 2336.30 What policies and procedures must I follow? Subpart A—General 2336.137 Who in the SSA may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2336.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2336.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2336.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subpart E-J—Reserved Authority: 42 U.S.C. 902(a)(5); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235). § 2336.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the SSA policies and procedures for nonprocurement debarment and suspension. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327). § 2336.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970);

(b)Respondent in an SSA suspension or debarment action;

(c)SSA debarment or suspension official; or

(d)SSA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 2336.30 What policies and procedures must I follow? The SSA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180, as supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220), as supplemented by section 220 in this part (i.e., § 2336.220). For any section of OMB guidance in subparts A through I of 2 CFR 180 that has no corresponding section in this part, SSA policies and procedures are those in the OMB guidance. Subpart A—General § 2336.137 Who in the SSA may grant an exception to let an excluded person participate in a covered transaction?

(a)Within the Social Security Administration, the Commissioner or the designated agency debarment official may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Commissioner or the designated agency debarment official grants an exception, the exception must be in writing and state the reason(s) for deviating from the OMB guidance at 2 CFR 180.135.

(b)An exception granted by one agency for an excluded person does not extend to the covered transactions of another agency. Subpart B—Covered Transactions § 2336.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Although the OMB guidance at 2 CFR 180.220(c) allows a Federal agency to do so (also see option lower tier coverage in the figure in the Appendix to 2 CFR part 180), SSA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction. Subpart C—Responsibilities of Participants Regarding Transactions § 2336.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 2336.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subpart E-J—[Reserved] Title 20—Employees' Benefits CHAPTER III—SOCIAL SECURITY ADMINISTRATION PART 436—[REMOVED] 2. Remove part 436. [FR Doc. E7-16195 Filed 8-16-07; 8:45 am] BILLING CODE 4191-02-P OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 591 RIN 3206-AL12 Nonforeign Area Cost-of-Living Allowance Rates; U.S. Virgin Islands AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management is publishing a final regulation to increase the cost-of-living allowance

(COLA)rate received by certain white-collar Federal and U.S. Postal Service employees in the U.S. Virgin Islands (USVI). The increase is the result of living-cost surveys conducted by OPM in USVI, Puerto Rico, and the Washington, DC area in 2005. The final regulation increases the COLA rate for USVI from 23 percent to 25 percent. DATES: *Effective date:* September 17, 2007. *Implementation date:* First day of the first pay period beginning on or after September 17, 2007. FOR FURTHER INFORMATION CONTACT: J. Stanley Austin,

(202)606-2838; fax:

(202)606-4264; or e-mail: *COLA@opm.gov.* SUPPLEMENTARY INFORMATION: Section 5941 of title 5, United States Code, authorizes Federal agencies to pay cost-of-living allowances to white-collar Federal and U.S. Postal Service employees stationed in Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. Executive Order 10000, as amended, delegates to the Office of Personnel Management

(OPM)the authority to administer nonforeign area COLAs and prescribes certain operational features of the program. OPM conducts living-cost surveys in each allowance area and in the Washington, DC, area to determine whether, and to what degree, COLA area living costs are higher than those in the DC area. OPM sets the COLA rate for each area based on the results of these surveys. As required by section 591.223 of title 5, Code of Federal Regulations, OPM conducts COLA surveys once every 3 years on a rotating basis. For areas not surveyed during a particular year, we adjust COLA rates by the relative change in the Consumer Price Index

(CPI)for the COLA area compared with the Washington, DC, area. (See 5 CFR 591.224-226.) OPM adopted these regulations pursuant to the stipulation of settlement in *Caraballo et al.* v. *United States,* No. 1997-0027 (D.V.I), August 17, 2000. *Caraballo* was a class-action lawsuit which resulted in many changes in the COLA methodology and regulations. OPM conducted living-cost surveys in Puerto Rico, the U.S. Virgin Islands, and the Washington, DC, area in the spring of 2005. We published the results of these surveys in the *2005 Nonforeign Area Cost-of-Living Allowance Survey Report: Caribbean and Washington, DC, Areas* in the **Federal Register** on October 27, 2006, at 71 FR 63179. As described in the 2005 survey report, we compared the results of the COLA area surveys with the results of the DC area survey to compute a living-cost index for each of the COLA areas. The results of the living-cost surveys indicated an increase in the COLA rate for the U.S. Virgin Islands, from 23 percent to 25 percent, and a decrease in the COLA rate for Puerto Rico. We also computed interim adjustments based on the relative change in the CPI for the Alaska, Hawaii, and Guam and the Northern Mariana Islands COLA areas. We published the calculation of these interim adjustments in a notice in the **Federal Register** on October 27, 2006, at 71 FR 63178. The interim adjustments indicated that the COLA rates for the Hawaii and Guam COLA areas were set at the appropriate level but that the Anchorage, Fairbanks, and Juneau, Alaska, COLA rates should be reduced. We published a proposed rule to increase the USVI COLA rate and reduce the COLA rates in Puerto Rico and Anchorage, Fairbanks, and Juneau, Alaska, in the **Federal Register** on October 27, 2006, at 71 FR 63176. However, 5 CFR 591.228(c) limits COLA rate decreases to 1 percentage point in a 12-month period, and we implemented COLA rate decreases in Anchorage, Fairbanks, Juneau, and Puerto Rico effective on the first pay period beginning on or after September 1, 2006. Therefore, we are changing only the USVI rate at this time. We will address the rate reductions, and comments received on these reductions, in a future **Federal Register** publication. We did not receive comments regarding the USVI rate increase. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will affect only Federal agencies and employees. List of Subjects in 5 CFR Part 591 Government employees, Travel and transportation expenses, Wages. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the Office of Personnel Management amends subpart B of 5 CFR part 591 as follows: PART 591—ALLOWANCES AND DIFFERENTIALS Subpart B—Cost-of-Living Allowance and Post Differential—Nonforeign Areas 1. The authority citation for subpart B of 5 CFR part 591 continues to read as follows: Authority: 5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338. 2. Revise Appendix A to Subpart B to read as follows: Appendix A to Subpart B of Part 591—Places and Rates at Which Allowances Are Paid This appendix lists the places approved for a cost-of-living allowance and shows the authorized allowance rate for each area. The allowance rate shown is paid as a percentage of an employee's rate of basic pay. The rates are subject to change based on the results of future surveys. Geographic coverage Allowance rate (percent) State of Alaska: City of Anchorage and 80-kilometer (50-mile) radius by road 24.0 City of Fairbanks and 80-kilometer (50-mile) radius by road 24.0 City of Juneau and 80-kilometer (50-mile) radius by road 24.0 Rest of the State 25.0 State of Hawaii: City and County of Honolulu 25.0 Hawaii County, Hawaii 17.0 County of Kauai 25.0 County of Maui and County of Kalawao 25.0 Territory of Guam and Commonwealth of the Northern Mariana Islands 25.0 Commonwealth of Puerto Rico 10.5 U.S. Virgin Islands 25.0 [FR Doc. E7-16226 Filed 8-16-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services 8 CFR Part 103 [Docket No. USCIS-2007-0040; CIS No. 2417-07] RIN 1615-AB61 Removal of Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This document amends the fee schedule for petitions and applications for immigration and naturalization benefits administered by U.S. Citizenship and Immigration Services. This rule re-adjusts the fees for Forms I-485, “Application to Register Permanent Residence or Adjust Status,” and applications for derivative benefits associated with Forms I-485. This rule removes the temporary adjustment of fees promulgated in previously and permits the application of the fees as were originally published in the final rule of May 30, 2007, that became effective on July 30, 2007. DATES: *Effective Date:* This rule is effective August 18, 2007. FOR FURTHER INFORMATION CONTACT: Efren Hernandez III, Business and Trade Services, Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, Suite 3000, Washington, DC 20529 telephone

(202)272-8400. SUPPLEMENTARY INFORMATION: I. Background 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. Then USCIS subsequently announced on July 17, 2007 that, beginning on as of that date 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 the Department of State's Visa Bulletin No. 107. Also, USCIS decided 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 was to become effective July 30, 2007, but, instead should be allowed to pay the fees that existed prior to July 30, 2007. This rule provides that the fee schedule that became effective for all immigration and naturalization petitions and applications as of July 30, will now apply 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. Applications that are submitted with the incorrect fee will be rejected. Similarly, this rule amends 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 Visa Bulletin No. 107 to set it at $80 as it is for all other benefits for which biometrics must be provided. II. Informal 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, 12866, 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 terminates a relief from a requirement of existing regulations that are adopted simultaneously with this rule. This rule must be adopted with an effective date commensurate with the adoption of the rule granting the relief from the requirements. 5 U.S.C. 553(d)(1). This rule is promulgated only in conjunction with the temporary relief from requirements in the rule previously published elsewhere in the **Federal Register** . 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 “For capturing biometric information” and the entries for “Form I-131”, “Form I-485”, and “Form I-765” in paragraph (b)(1), to 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: *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. Form I-131. For filing an application for travel document—$305. 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. Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13—$340. Dated: July 27, 2007. Michael Chertoff, Secretary. [FR Doc. E7-14973 Filed 8-16-07; 8:45 am] BILLING CODE 4410-10-P FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R-1293] Availability of Funds and Collection of Checks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board of Governors is amending appendix A of Regulation CC to delete the reference to the Helena branch office of the Federal Reserve Bank of Minneapolis and reassign the Federal Reserve routing symbols currently listed under that office to the Denver branch office of the Federal Reserve Bank of Kansas City. These amendments will ensure that the information in appendix A accurately describes the actual structure of check processing operations within the Federal Reserve System. DATES: The final rule will become effective on October 20, 2007. FOR FURTHER INFORMATION CONTACT: Jack K. Walton II, Associate Director (202/452-2660), or Joseph P. Baressi, Financial Services Project Leader (202/452-3959), Division of Reserve Bank Operations and Payment Systems; or Kara L. Handzlik, Attorney (202/452-3852), Legal Division. For users of Telecommunications Devices for the Deaf

(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal. 1 A depositary bank generally must provide faster availability for funds deposited by a local check than by a nonlocal check. A check drawn on a bank is considered local if it is payable by or at a bank located in the same Federal Reserve check processing region as the depositary bank. A check drawn on a nonbank is considered local if it is payable through a bank located in the same Federal Reserve check processing region as the depositary bank. Checks that do not meet the requirements for local checks are considered nonlocal. 1 For purposes of Regulation CC, the term “bank” refers to any depository institution, including commercial banks, savings institutions, and credit unions. Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same check processing region and thus are local to one another. As explained in the Board's final rule published in the **Federal Register** on May 18, 2007, the Federal Reserve Banks have decided to restructure their check processing services by reducing further the number of locations at which they process checks. 2 The Board issues separate final rules amending appendix A for each phase of the restructuring, and the amendments set forth in this notice are such final rules. 3 2 *See* 72 FR 27951, May 18, 2007. 3 In addition to the general advance notice of future amendments provided by the Board, and the Board's notices of final amendments, the Reserve Banks strive to inform affected depository institutions of the exact date of each office transition at least 120 days in advance. The Reserve Banks' communications to affected depository institutions are available at *http://www.frbservices.org.* As part of the restructuring process, the Helena branch office of the Federal Reserve Bank of Minneapolis will cease processing checks on October 20, 2007. 4 As of that date, banks with routing symbols currently assigned to the Helena branch office for check processing purposes will be reassigned to the Denver branch office of the Federal Reserve Bank of Kansas City. As a result of this change, some checks that are drawn on and deposited at banks located in the affected check processing regions and that currently are nonlocal checks will become local checks subject to faster availability schedules. Because the Denver check processing region serves banks located in multiple Federal Reserve districts, banks located in the expanded Denver check processing region cannot determine that a check is nonlocal solely because the paying bank for that check is located in another Federal Reserve District. 4 The Reserve Banks intend, however, for the Helena branch to continue serving as a site at which substitute checks are printed for delivery to paying banks. To assist banks in identifying local and nonlocal checks, the Board accordingly is amending the lists of routing symbols associated with the Federal Reserve Banks of Minneapolis and Kansas City to conform to the transfer of operations from the Minneapolis Reserve Bank's Helena branch office to the Kansas City Reserve Bank's Denver branch office. To coincide with the effective date of the underlying check processing changes, the amendments are effective October 20, 2007. The Board is providing advance notice of these amendments to give affected banks ample time to make any needed processing changes. The advance notice also will enable affected banks to amend their availability schedules and related disclosures, if necessary, and provide their customers with notice of these changes. 5 The Federal Reserve routing symbols assigned to all other Federal Reserve branches and offices will remain the same at this time. 5 Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds. Administrative Procedure Act The Board has not followed the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of this final rule. The revisions to the appendix are technical in nature, and the routing symbol revisions are required by the statutory and regulatory definitions of “check-processing region.” Because there is no substantive change on which to seek public input, the Board has determined that the § 553(b) notice and comment procedures are unnecessary. In addition, the underlying consolidation of Federal Reserve Bank check processing offices involves a matter relating to agency management, which is exempt from notice and comment procedures. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. This technical amendment to appendix A of Regulation CC will delete the reference to the Helena branch office of the Federal Reserve Bank of Minneapolis and reassign the routing symbols listed under that office to the Denver branch office of the Federal Reserve Bank of Kansas City. The depository institutions that are located in the affected check processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, because all paperwork collection procedures associated with Regulation CC already are in place, the Board anticipates that no additional burden will be imposed as a result of this rulemaking. List of Subjects in 12 CFR Part 229 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR part 229 to read as follows: PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC) 1. The authority citation for part 229 continues to read as follows: Authority: 12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018. 2. The Ninth and Tenth District routing symbol lists in appendix A are revised to read as follows: APPENDIX A TO PART 229—ROUTING NUMBER GUIDE TO NEXT-DAY AVAILABILITY CHECKS AND LOCAL CHECKS NINTH FEDERAL RESERVE DISTRICT [Federal Reserve Bank of Minneapolis] Head Office 0910 2910 0911 2911 0912 2912 0913 2913 0914 2914 0915 2915 0918 2918 0919 2919 0960 2960 TENTH FEDERAL RESERVE DISTRICT [Federal Reserve Bank of Kansas City] Head Office 1010 3010 1011 3011 1012 3012 1019 3019 Denver Branch 0920 2920 0921 2921 0929 2929 1020 3020 1021 3021 1022 3022 1023 3023 1070 3070 1240 3240 1241 3241 1242 3242 1243 3243 By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, August 13, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-16184 Filed 8-16-07; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [DOD-2007-HA-0048] RIN 0720-AB16 TRICARE; Outpatient Hospital Prospective Payment System

(OPPS)AGENCY: Office of the Secretary, DoD. ACTION: Interim final rule; withdrawal. SUMMARY: On August 14, 2007, the Department of Defense published an interim final rule on TRICARE; Outpatient Hospital Prospective Payment System

(OPPS)in error at 72 FR 45359. The rule has not been approved for publication and cannot take effect. This document withdraws that rule. DATES: *Effective Date:* The interim final rule amending 32 CFR Part 199, published on August 14, 2007 (72 FR 45359) is withdrawn effective August 17, 2007. FOR FURTHER INFORMATION CONTACT: L.M. Bynum 703-696-4970. SUPPLEMENTARY INFORMATION: List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. The interim rule published on August 14, 2007 amending 32 CFR part 199 is hereby withdrawn. Dated: August 14, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. 07-4042 Filed 8-14-07; 3:42 pm]

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