Unknown. Interim rule and request for comments

9,429 words·~43 min read·/register/2007/08/20/07-4053

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-2007-08-20.xml --- 72 160 Monday, August 20, 2007 Contents Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Epic Gardens of Richmond, 46437 E7-16241 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Asian longhorned beetle, 46373-46375 E7-16297 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 46438 E7-16355 Army Army Department See Engineers Corps NOTICES Environmental statements; notice of intent: Fort Richardson, AK; year-round live-fire weapons training; resumption, 46447-46448 07-4038 Meetings: Army Education Advisory Committee, 46448-46449 07-4057 07-4058 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46490-46491 07-4045 Coast Guard Coast Guard RULES Regattas and marine parades:

Annapolis Triathlon, 46386-46388 E7-16263 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Dominican Republic-Central America-United States Free Trade Agreement; commercial availability— Raschel knit open work crepe fabrics, 46444-46445 E7-16323 Woven fabrics, 46445-46446 E7-16425 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 46446 07-4093 07-4094 07-4095 07-4096 Copyright Copyright Royalty Board, Library of Congress NOTICES Copyright royalty funds: Cable royalty fund; 2003 distribution, 46516-46520 E7-16267 Defense Defense Acquisition Regulations System RULES Acquisition regulations: Technical amendments; correction, 46534 Z7-14897 Defense Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps RULES Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Reserve Select; requirements and procedures, 46380-46386 E7-16300 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 46447 07-4059 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 46449-46452 E7-16261 E7-16262 E7-16264 E7-16265 Meetings: National Mathematics Advisory Panel, 46452-46453 E7-16314 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

Burns Best, Inc., 46514-46515 E7-16282 Eaton Corp., 46515 E7-16284 Ford Motor Co., 46515-46516 E7-16283 Energy Energy Department See Federal Energy Regulatory Commission See Hearings and Appeals Office, Energy Department Engineers Engineers Corps NOTICES Meetings: Coastal Engineering Research Board, 46449 07-4056 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Tennessee, 46388-46394 E7-15782 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Tennessee, 46432-46433 E7-15781 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46462-46464 E7-16319 Meetings: Scientific Counselors Board, 46464-46466 E7-16309 E7-16317 Pesticide registration, cancellation, etc.: Propanoic acid, etc., 46466-46483 E7-16320 Toxic and hazardous substances control: Integrated Risk Information System— Tetrahyrofuran; toxicological review, 46483-46484 E7-16321 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 46484-46485 07-4037 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

DG Flugzeugban GmbH, 46411-46413 E7-16302 FCC Federal Communications Commission NOTICES Rulemaking proceedings; petitions, filed, granted, denied, etc., 46485 E7-16301 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 46396-46403 E7-16280 E7-16286 Flood insurance; communities eligible for sale: Various States, 46394-46396 E7-16279 PROPOSED RULES Flood elevation determinations: North Carolina, 46433-46434 E7-16270 Oklahoma and Tennessee, 46434-46436 E7-16277 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46491-46492 E7-16278 Disaster and emergency areas:

Maine, 46492 E7-16281 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Bulk-power system; mandatory reliability standards, 46413-46421 E7-16253 NOTICES Environmental statements; availability, etc.: Calhoun LNG, L.P., et al., 46454-46455 E7-16252 Colorado Interstate Gas Co., 46455-46456 E7-16246 Southeast Supply Header, LLC, 46456-46457 E7-16247 Environmental statements; notice of intent: Texas Eastern Transmission, LP, 46457-46458 E7-16236 Hydroelectric applications, 46458-46460 E7-16249 E7-16250 Meetings:

Algonquin Gas Transmission, LLC, 46460 E7-16235 Off-the-record communications, 46460-46461 E7-16251 *Applications, hearings, determinations, etc.:* Energy East Corp., 46453 E7-16248 Rockies Express Pipeline LLC, 46453-46454 E7-16245 FMC Federal Maritime Commission NOTICES Complaints filed: APM Terminals North America, Inc., 46485-46486 E7-16268 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: CSX Transportation, Inc. and Virginia Railway Express, 46531-46532 E7-16266 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 46486 E7-16295 Permissible nonbanking activities, 46486-46487 E7-16296 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 46487-46489 E7-16239 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Financial Management Service: Federal agency disbursements management— Victims of disasters and emergencies; Federal payments delivery; facilitation, 46378-46380 07-4053 Fish Fish and Wildlife Service RULES Migratory bird permits:

Resident Canada goose populations; management, 46403-46409 E7-16306 PROPOSED RULES National Wildlife Refuge System: Commercial filming activities or similar projects; fee establishment, etc., 46426-46432 E7-15845 NOTICES Meetings: Trinity Adaptive Management Working Group, 46494 E7-16307 Food Food and Drug Administration RULES Food for human consumption: Food labeling— Shell eggs; safe handling statements, 46375-46378 E7-16272 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Modoc County, 46437 E7-16291 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 46447 07-4059 Government Government Ethics Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 46489-46490 E7-16305 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Committees; establishment, renewal, termination, etc.: Grain Inspection Advisory Committee, 46437-46438 E7-16294 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Hearings Hearings and Appeals Office, Energy Department NOTICES Practice and procedure:

Crude oil overcharge refunds; distribution procedures, 46461-46462 E7-16299 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service PROPOSED RULES National Wildlife Refuge System: Commercial filming activities or similar projects; fee establishment, etc., 46426-46432 E7-15845 IRS Internal Revenue Service PROPOSED RULES Income taxes:

Medical and accident insurance benefits under qualified plans; tax treatment of payments, 46421-46426 E7-16084 International International Trade Administration NOTICES Antidumping: New pneumatic off-the-road tires from— China; correction, 46438-46439 E7-16326 Oil country tubular goods from— Mexico, 46439-46440 E7-16325 Silicon metal from— China; correction, 46534 Z7-15203 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Closure of public lands:

California, 46494 E7-16334 Meetings: Carrizo Plain National Monument Advisory Committee, 46495 E7-16293 Resource advisory committees— Medford District, 46495 E7-16298 Realty actions; sales, leases, etc.: Arizona, 46495-46498 E7-16333 E7-16336 E7-16338 E7-16346 California, 46498-46500 E7-16289 Colorado, 46500 E7-16352 Idaho, 46509-46510 E7-16353 Nevada, 46500-46509 E7-16339 E7-16340 E7-16341 E7-16344 E7-16354 Wyoming, 46510-46511 E7-16345 Resource management plans, etc.: Buffalo Field Office, WY, 46511-46512 E7-16332 Carlsbad Field Office, NM, 46512-46513 E7-16342 Kingman Resource Area, AZ, 46513-46514 E7-16337 Library Library of Congress See Copyright Royalty Board, Library of Congress NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 46447 07-4059 NOAA National Oceanic and Atmospheric Administration NOTICES Committees; establishment, renewal, termination, etc.: Florida Keys National Marine Sanctuary Advisory Council; membership, 46440 07-4051 Flower Garden Banks National Marine Sanctuary Advisory Council, 46440-46441 07-4052 Meetings: New England Fishery Management Council, 46441 E7-16275 North Pacific Fishery Management Council, 46441 E7-16273 Pacific Fishery Management Council, 46441-46442 E7-16274 E7-16276 National Park National Park Service PROPOSED RULES National Wildlife Refuge System:

Commercial filming activities or similar projects; fee establishment, etc., 46426-46432 E7-15845 NOTICES National Register of Historic Places; pending nominations, 46514 E7-16240 National Science National Science Foundation NOTICES Privacy Act; systems of records, 46520-46521 07-4049 National Telecommunications National Telecommunications and Information Administration NOTICES Grants and cooperative agreements; availability, etc.: Public Safety Interoperable Communications Grant Program, 46442-46444 07-4083 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* National Aeronautics and Space Administration, 46521-46522 E7-16313 Personnel Personnel Management Office PROPOSED RULES Employment:

Disabled veteran documentation, 46410-46411 E7-16285 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Hunting and wildlife conservation policies; expansion (EO 13443), 46535-46538 07-4115 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals Correction, 46534 Z7-14842 Meetings; Sunshine Act, 46522 E7-16379 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 46523-46525 E7-16330 Chicago Board Options Exchange, Inc., 46525-46527 E7-16331 International Securities Exchange, LLC, 46527-46528 E7-16258 National Securities Clearing Corp., 46528-46529 E7-16329 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46529-46531 E7-16232 State State Department NOTICES Culturally significant objects imported for exhibition: Cecil Beaton: Photographs from the National Portrait Gallery, London, 46531 E7-16327 Georges Seurat:

The Drawings, 46531 E7-16328 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: SAMHSA National Advisory Council, 46491 07-4054 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* Beacon Federal, et al., 46532 07-4039 First Savings Bank of Renton et al, 46532 07-4041 North Penn Bank, et al., 46532 07-4040 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Customs U.S.

Customs and Border Protection NOTICES Automation program test: Automated Commercial Environment— Truck carrier accounts; automated truck manifest data; processes expansion, 46492-46494 E7-16343 Veterans Veterans Affairs Department NOTICES Meetings: CARES Business Plan Studies Advisory Committee, 46532-46533 07-4046 National Research Advisory Council, 46533 07-4048 Veterans’ Disability Benefits Commission, 46533 07-4047 Separate Parts in this Issue Part II Executive Office of the President, Presidential Documents, 46535-46538 07-4115 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. 72 160 Monday, August 20, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0104] Asian Longhorned Beetle; Additions to Quarantined Areas in New York AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Asian longhorned beetle regulations by expanding the boundaries of the quarantined areas in New York and restricting the interstate movement of regulated articles from these areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States. DATES: This interim rule is effective August 20, 2007.

We will consider all comments that we receive on or before October 19, 2007. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0104 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No.

APHIS-2007-0104, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0104. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.

To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, ALB National Coordinator, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The Asian longhorned beetle (ALB, *Anoplophora glabripennis* ), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries could experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. The regulations in 7 CFR 301.51-1 through 301.51-9 restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of ALB to noninfested areas of the United States. Recent surveys conducted in New York by inspectors of the Animal and Plant Health Inspection Service (APHIS) have revealed that infestations of ALB have occurred on Prall's Island and in an area of Staten Island in Richmond County. These areas are outside the existing quarantined areas, and are in close proximity to the Middlesex/Union County quarantined area in New Jersey and could potentially reinfest that area. Officials of the U.S. Department of Agriculture and officials of State, county, and city agencies in New York are conducting intensive survey and eradication programs in the infested area, and the State of New York has quarantined the infested area and is restricting the intrastate movement of regulated articles from the quarantined area to prevent the further spread of ALB within that State. However, Federal regulations are necessary to restrict the interstate movement of regulated articles from the quarantined area to prevent the spread of ALB to other States and other countries. The regulations in § 301.51-3(a) provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, in which ALB has been found by an inspector, where the Administrator has reason to believe that ALB is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine enforcement purposes from localities where ALB has been found. Less than an entire State will be quarantined only if

(1)the Administrator determines that the State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the regulations on the interstate movement of regulated articles and

(2)the designation of less than an entire State as a quarantined area will be adequate to prevent the artificial spread of ALB. In accordance with these criteria and the recent ALB findings described above, we are amending the list of quarantined areas in § 301.51-3(c) to include an additional area in Richmond County, NY. The expanded quarantined area is described in the regulatory text at the end of this document. Emergency Action This rulemaking is necessary on an emergency basis to prevent the artificial spread of ALB to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This interim rule amends the ALB regulations by expanding the boundaries of the quarantined areas in New York and restricting the interstate movement of regulated articles from these areas. This action is necessary to prevent the artificial spread of the ALB to noninfested areas of the United States. The Regulatory Flexibility Act

(RFA)requires that agencies consider the economic impact of their rules on small entities, such as small businesses, organizations, and governmental jurisdictions. The businesses potentially affected by this rule are nurseries, tree care services, firewood retailers, lawn maintenance and landscaping companies, general contractors, garden centers, recyclers of waste material, and lumber and building material outlets. These businesses could be affected by the regulations in two ways. First, if a business wishes to move regulated articles interstate from a quarantined area, that business must either:

(1)Enter into a compliance agreement with APHIS for the inspection and certification of regulated articles to be moved interstate from the quarantined area; or

(2)present its regulated articles for inspection by an inspector and obtain a certificate or a limited permit, issued by the inspector, for the interstate movement of regulated articles. The inspections may be inconvenient, but not costly; businesses operating under a compliance agreement would perform the inspections themselves and for those businesses that elect not to enter into a compliance agreement, APHIS would provide the services of an inspector without cost. There is also no cost for the compliance agreement, certificate, or limited permit for the interstate movement of regulated articles. Second, there is a possibility that, upon inspection, a regulated article could be determined by the inspector to be potentially infested with the ALB and, as a result, the inspector would not issue a certificate. In this case, the entity's ability to move regulated articles interstate would be restricted. However, the affected entity could conceivably obtain a limited permit under the conditions of § 301.51-5(b). Additionally, entities may incur additional costs in disposing of regulated articles such as wood debris from tree pruning and removal. Within the quarantined area added by this interim rule, there are approximately 15 entities potentially affected, including 2 nursery dealers, 1 nursery grower, 6 landscaping companies, 3 general contractors, 2 transfer stations, and a compost facility. While the size of these entities is unknown, it is reasonable to assume that most would be classified as small entities, based on the U.S. Small Business Administration's size standards. Because the newly regulated area is primarily urban, the entities located in that area are more likely to be receiving regulated articles from outside the quarantined area than they are to be shipping regulated articles interstate to nonquarantined areas. It is unlikely, therefore, that most entities located in the newly regulated area would be moving regulated articles that would require inspection in the first place. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.51-3, paragraph (c), under the entry for New York, the entry for New York City is amended by designating the text as paragraph

(1)and adding a new paragraph

(2)to read as follows: § 301.51-3 Quarantined areas.

(c)* * * New York *New York City.* * * *

(2)That area in the Borough of Richmond in the City of New York bounded by a line drawn as follows: Beginning at a point on the New York/New Jersey State line due north of the intersection of Richmond Terrace and South Avenue; then south from that point to the intersection of South Avenue and Richmond Terrace; then south on South Avenue to Fahy Avenue; then east on Fahy Avenue to Arlene Street; then south on Arlene Street until it becomes Park Drive North; then south on Park Drive North to Rivington Avenue; then east on Rivington Avenue to Mulberry Avenue; then south on Mulberry Avenue to Travis Avenue; then northwest on Travis Avenue to the point where it crosses Main Creek; then south along the west shoreline of Main Creek to Fresh Kills Creek; then west along the north shoreline of Fresh Kills Creek to Little Fresh Kills Creek; then west along the north shoreline of Little Fresh Kills Creek to the Arthur Kill; then west to the New York/New Jersey State line in the Arthur Kill; then north along the New York/New Jersey State line to the point of beginning. Done in Washington, DC, this 14th day of August 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-16297 Filed 8-17-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. 2004N-0382] RIN 0910-ZA23 Food Labeling: Safe Handling Statements: Labeling of Shell Eggs AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is amending its food labeling regulations to permit the egg industry to place the safe handling statement for shell eggs on the inside lid of egg cartons if the statement “Keep Refrigerated” appears on the principal display panel

(PDP)or information panel. This final rule will provide the industry greater flexibility in the placement of safe handling instructions on egg cartons, while continuing to provide consumers with this important information. This action is in response to numerous requests from the egg industry. DATES: This final rule is effective August 20, 2007. FOR FURTHER INFORMATION CONTACT: Catalina Ferre-Hockensmith, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-2371. SUPPLEMENTARY INFORMATION: I. Background On December 5, 2000 (65 FR 76092), FDA

(we)published a final rule (hereinafter referred to as the shell egg refrigeration and labeling final rule) to require a safe handling statement on cartons of shell eggs that have not been treated to destroy *Salmonella* microorganisms ( § 101.17(h) (21 CFR 101.17(h))). The regulation also requires retail establishments to store and display shell eggs under refrigeration (21 CFR 115.50). FDA issued the shell egg refrigeration and labeling final rule because of the number of outbreaks of foodborne illnesses and deaths caused by *Salmonella* Enteriditis that are associated with the consumption of shell eggs. After the publication of the shell egg refrigeration and labeling final rule, the egg industry asked FDA to allow safe handling statements to be placed on the inside lid of egg cartons because of:

(1)The lack of equipment to print on the side panels of egg cartons (i.e., the information panel),

(2)the high cost to purchase equipment to print on the sides of egg cartons, and

(3)the high cost to change the graphic design of the PDP for each brand that manufacturers produce for each customer. In the **Federal Register** of May 5, 2005 (70 FR 23813), FDA published a proposed rule (the 2005 proposed rule) to allow the egg industry to place the required safe handling statement on the inside lid of egg cartons, if the statement “Keep Refrigerated” appears on the PDP or information panel. We tentatively concluded in the proposed rule that the inside lid would serve as an acceptable panel for the safe handling instructions without diminishing the effectiveness of the message. We further tentatively concluded that providing flexibility to allow the placement of the safe handling statement for shell eggs on the inside lid of egg cartons if the statement “Keep Refrigerated” appears on the PDP or information panel may result in cost savings for the egg industry, and, thus, for consumers. II. Comments and Agency's Responses FDA received a total of eight responses, each containing one or more comments, to the proposal. The comments were from consumer groups, a State government agency, a consumer, a consulting firm, and a trade association. Some of these comments were about issues that are outside the scope of this rulemaking and will not be addressed in this document. The majority of the remaining comments supported the proposal. One comment directly opposed the proposal, whereas two comments supported the proposal based on suggested modifications to the proposal. (Comment 1) The comment that opposed the proposal asserted that there is no “lack of equipment” for printing the safe handling statement on the side panel of egg cartons. The comment contended that all the egg industry has to do is order new packages. (Response) As we stated in the 2005 proposed rule, the egg industry sent letters to FDA stating that placing the statement on the top or sides of the carton would result in a financial hardship for their companies because of, among other things, the lack of equipment to print on the side panels of egg cartons (i.e., the information panel) and the high cost to purchase equipment to print on the sides of egg cartons. One of these letters provided specific information on the high costs to purchase new equipment required for printing on the information panel and on the high costs to redesign the egg carton. The comment that opposed the proposal did not provide data or other information that shows that the industry has the necessary equipment. Consequently, we are not persuaded by this comment, and we maintain our view that allowing the safe handling instructions on the inside of the lid could result in cost savings for the industry and ultimately the consumer, while continuing to provide mandatory safe handling instructions to consumers. (Comment 2) Several comments requested that FDA make format changes for the safe handling statement. Two comments stated that FDA should replace the current standard of “conspicuous” with specific formatting requirements for the safe handling statement, e.g., use of dark color, such as black, blue, dark blue, or brown on a light background. In addition, several comments stated that the type size of the safe handling statement should be increased and two of these comments suggested specific sizes, e.g., 12-point or larger and “10-inch type” 1 or larger. In addition, one of these comments stated that a survey of egg cartons found that the safe handling statement is printed in type as small as 7-point and, sometimes, the statement is printed directly on a gray cardboard carton, which makes the statement difficult to read. Therefore, according to this comment, a significant number of consumers may not notice or may have difficulty reading this information. 1 We believe that the comment did not actually mean “10-inch” type but meant another type size, such as a 10-point font. (Response) We do not agree that specific formatting requirements for the safe handling statement are needed. Provisions in section 403(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(f)) and FDA implementing regulations in §§ 101.2 and 101.15 (21 CFR 101.2 and 101.15) address the prominence and conspicuousness of mandatory information on food labels. Specifically, § 101.2(c) provides that mandatory labeling information must appear prominently and conspicuously and should be at least one-sixteenth inch in height. In addition, § 101.15(a)(6) provides that labeling information may lack the necessary prominence and conspicuousness if it is crowded with other written or graphic matter or has insufficient background contrast. The comments did not provide data that show that the existing requirements in §§ 101.2 and 101.15 are not adequate when followed. In addition, the type size required in § 101.2 is a minimum type size and does not restrict manufacturers from using a larger type size to print information on food labels if they choose. Also, while the comments stated that the safe handling statement may be difficult to read, the comments did not provide any data that demonstrate that consumers are unable to read the statement. Therefore, we are not persuaded that specific formatting requirements are needed in this regulation in addition to the requirements already in place in §§ 101.2 and 101.15 to ensure that the safe handling statement is noticeable and legible. We remind manufacturers that they must comply with FDA's regulations on the prominence and conspicuousness of mandatory information on food labels in §§ 101.2 and 101.15. In addition, we encourage manufacturers to print the safe handling statement in fonts larger than the minimum required if space is available on the carton. (Comment 3) One comment stated that a referral statement should accompany the “Keep Refrigerated” statement. The comment argued that a referral statement is necessary so that consumers would know to look on the inside of the lid for safe handling instructions. However, the comment did not provide any supporting data. (Response) We are not persuaded by the comment that a referral statement should accompany the “Keep Refrigerated” statement. In the proposal we did not propose to require a referral statement because we assumed that the number of consumers who would read the safe handling statement on the inside lid under this rule to be about the same as the number who read it on the outside of the carton. We base this assumption on the following reasons:

(1)All consumers open egg cartons before consumption; and

(2)the greater potential for larger font sizes and lower text density on the inside lid, which may equate to a larger number of consumers reading the safe handling statement. However, in the proposed rule we asked for comment on whether it is necessary to require a referral statement on the outside lid when the safe handling instructions are placed on the inside lid. The comment did not provide any supporting data or other information that demonstrates that when consumers open egg cartons before consumption, they will not see the safe handling instructions. Therefore, we are not persuaded that there is a need for a referral statement to accompany the “Keep Refrigerated” statement. III. Analysis of Economic Impacts FDA has examined the impacts of the final rule under Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). FDA has determined that this final rule is not a significant regulatory action as defined by the Executive order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. The final rule provides additional options for placing the safe handling statement on egg cartons. No small business would be forced to use this option, and so the final rule imposes no costs on small businesses. For those small businesses choosing the option, the final rule reduces labeling costs. Therefore, the agency certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing “any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.” The current threshold after adjustment for inflation is $122 million, using the most current

(2005)Implicit Price Deflator for the Gross Domestic Product. FDA does not expect this final rule to result in any 1-year expenditure that would meet or exceed this amount. A. Need for This Regulation The need for this regulation is to provide the shell egg industry, which includes egg producers, carton manufacturers, egg distributors, and retailers, additional flexibility in complying with FDA requirements for the placement of safe handling instructions on egg cartons, without reducing the prominence or conspicuousness of the information and without undermining the effectiveness of the shell egg refrigeration and labeling final rule. Allowing the inside lid to be used for the safe handling instructions may create cost savings for firms that were concerned that complying with the labeling requirement of the shell egg refrigeration and labeling final rule would be a financial hardship. This final rule allows for the safe handling instructions to be placed on the inside lid of egg cartons if the words “Keep Refrigerated” are placed on the PDP or information panel. B. Comments In response to the proposed rule, FDA received several comments. None of the comments provided information that would alter the conclusions of the economic impact analysis of the proposed rule. C. Cost-Benefit Analysis In the proposed rule, FDA evaluated three regulatory options to allow the safe handling statement to be printed on the inside lid of egg cartons. The options considered were the following:

(1)No new regulatory action,

(2)allow the safe handling statement to be placed on the inside lid with a referral statement on the outside of the carton if the words “Keep Refrigerated” are placed on the PDP or information panel, and

(3)allow the safe handling statement to be placed on the inside lid with no referral statement required if the words “Keep Refrigerated” are placed on the PDP or information panel. 1. Costs: Potential Reduction in the Numbers of Consumers Reached FDA estimated that the costs of this rule are likely to be zero. The only costs that could arise are from changes in the number of consumers who read the safe handling statement. The number of consumers who would read the safe handling statement on the inside lid under this rule is assumed to be about the same as the number who read it under the existing regulation. The reasons for this assumption are:

(1)The consumer practice of looking inside the egg carton either at the time of purchase or at a time before consumption, and

(2)the potential for more space on the inside lid of egg cartons because of its relatively larger surface area. At least one study has shown that labels that are larger and have less text density attract more attention (Ref. 1). Another study has shown that larger font sizes enhance label legibility (Ref. 2). Because the inside lid may allow less text density and more space for printing the safe handling statement in larger font sizes, such placement may result in a larger number of consumers reading the safe handling statement than under the existing regulation. Because all consumers look inside the egg carton at some time before consumption, FDA concludes that there are no costs of this final rule. 2. Benefits: Cost Savings Realized by Egg Carton Manufacturers The benefits from this rule are the costs savings to firms from avoiding placing the safe handling statement on the PDP or information panel. The estimates of the total cost savings for this rule are based on previous estimates of costs savings of option two in the proposed rule. Under option two, the costs savings for a firm from additional flexibility equal the difference between the sum of the costs of printing the safe handling statement on the inside lid and printing a referral statement and the costs of printing the safe handling statement on either the PDP or information panel. The agency estimated the cost savings associated with option two by computing the costs of full label redesign and of adding a safe handling statement using the FDA Labeling Cost Model, Final Report (Ref. 3). The range of cost savings from option two is estimated to be between $5 and $19 million, with a mean of $11 million, assuming a 12-month compliance period. 3. Comparing the Benefits of Option Two With Those of Option Three, the Chosen Option A comparison of the estimates of the total costs savings reported for option two with those reported for option three, the chosen option, indicates the potential for substantial cost savings with option three. The larger cost savings from option three compared with option two reflects the lower cost from not requiring a referral statement on an outside panel in option three as well as the cost savings from a larger share of the industry choosing the inside lid statement under option three. The cost savings from option two and this final rule are reported in table 1 of this document. **Table 1.—Cost Savings of Option Two and of Option Three, the Chosen Option** Estimates of Cost Savings Cost Savings of Option Two (12-Month Compliance) Cost Savings of Option Three, the Chosen Option (12-Month Compliance) Mean estimate $11,032,000 $14,843,000 Low estimate (5th percentile) $5,125,000 $8,039,000 High estimate (95th percentile) $19,022,000 $24,645,000 4. Summary of Costs and Benefits of this Final Rule FDA estimated the costs and benefits for three regulatory options for flexibility in the placement of the safe handling statement on egg cartons. The analysis concludes that the costs, measured as the public health effects of a decrease in the number of consumers that would read the safe handling statement, are zero for option three, the chosen option. We conclude that because all consumers open egg cartons before consumption, and given the potential for larger font sizes and lower text density on the inside lid, it is likely that most consumers will notice the safe handling statement on the inside lid if it is located there. The benefits from the options considered are measured as the cost savings from allowing firms additional flexibility of printing the safe handling statement on the inside lid. The estimated cost savings from option three, the chosen option in this final rule, range from $8 to $25 million, with a mean of $15 million, assuming a 12-month compliance period. IV. Analysis of Environmental Impact The agency has determined under 21 CFR 25.30(k) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. V. Paperwork Reduction Act of 1995 FDA concludes that this final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required. VI. Federalism FDA has analyzed this rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the rule would have a preemptive effect on State law. Section 4(a) of the Executive Order requires agencies to “construe * * * a Federal statute to preempt State law only where the statute contains an express preemption provision, or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute.” The shell egg refrigeration and labeling final rule set minimum national standards to ensure the safety of eggs for all consumers in this country. Because State and local public health officials are the primary enforcement officials in retail establishments, FDA has recognized that it must rely on these officials to provide the bulk of the enforcement of this regulation. If less stringent State or local refrigeration and labeling requirements are not preempted, enforcement of those less stringent requirements will interfere with the cooperative enforcement of the Federal egg refrigeration and labeling requirements. FDA believes that such cooperative enforcement is critical to effective implementation of this important food safety requirement. Thus, although Congress did not expressly preempt State law in this area, FDA found in the shell egg refrigeration and labeling final rule that preemption is needed because State and local laws that are less stringent than the Federal requirements will significantly interfere with the important public health goals of this regulation (65 FR 76092 at 76109-76110). This final rule amends the shell egg refrigeration and labeling final rule to permit the egg industry to place the safe handling statement for shell eggs on the inside lid of egg cartons if the statement “Keep Refrigerated” appears on the PDP or information panel. FDA believes that preemption of State and local labeling requirements that are the same as or more stringent than the requirements of this regulation would not be necessary, as enforcement of such State and local requirements would not interfere with the food safety goals of this regulation. Further, it is likely that any states that enacted similar labeling requirements to those in this final rule would change those requirements to be consistent with any changes made by FDA as a result of this rulemaking. Accordingly, the preemptive effect of this rule would be limited to State or local requirements that are not as stringent as the requirements of this regulation. Requirements that are the same as or more stringent than FDA's requirement would remain in effect. Further, section 4(e) of the Executive Order provides that “when an agency proposes to act through adjudication or rulemaking to preempt State law, the agency shall provide all affected State and local officials notice and an opportunity for appropriate participation in the proceedings.” FDA provided the States with an opportunity for appropriate participation in this rulemaking when it sought input from all stakeholders through publication of the 2005 proposed rule. FDA received two comments from a State Department of Agriculture, which agreed with the proposal. In addition, on March 12, 2007, FDA's Division of Federal and State Relations provided notice by fax and e-mail transmission to State health commissioners, State agriculture commissioners, and food program directors of FDA's intended amendment to its food labeling regulations to permit the egg industry to place the safe handling statement for shell eggs on the inside lid of egg cartons if the statement “Keep Refrigerated” appears on the PDP or information panel (§ 101.17(h)). The notice provided the States with further opportunity for input on this rulemaking. It advised the States of the intended publication of the final rule and encouraged State and local governments to review the notice and to provide any comments to the docket (Docket Number 2004N-0382), opened May 5, 2005, when the 2005 proposed rule was published in the **Federal Register** , by a date 30 days from the date of the notice (i.e., by April 11, 2007). FDA received no comments in response to this notice. The notice has been filed in the previously referenced docket. For the reasons set forth previously in this document, the agency believes that it has complied with all of the applicable requirements under the Executive order. In conclusion, FDA has determined that the preemptive effects of this rule are consistent with Executive Order 13132. VII. References The following references have been placed on display in the Division of Dockets Management (see ADDRESSES ) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. Tuominen, R., “Why Do Some Yellow Page Advertisements Capture Attention Better Than Others?,” *Acta Odontologica Scandinavia* , 59: 79-82, 2001. 2. Dietrich, D.A., “Enhancing Label Readability for Over-the-Counter Pharmaceuticals by Elderly Consumers,” *Journal of Safety Research* , 27: 132, 1996. 3. RTI International, “FDA Labeling Cost Model, Final Report,” prepared by Mary Muth, Erica Gledhill, and Shawn Karns, RTI, prepared for Amber Jessup, FDA, Center for Food Safety and Applied Nutrition, April 2002. List of Subjects in 21 CFR Part 101 Food labeling, Nutrition, Reporting and recordkeeping requirements. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 101 is amended as follows: PART 101—FOOD LABELING 1. The authority citation for 21 CFR part 101 continues to read as follows: Authority: 15 U.S.C. 1453, 1454, 1455; 21 U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. 243, 264, 271. 2. Section 101.17 is amended by revising paragraph (h)(2) to read as follows: § 101.17 Food labeling warning, notice, and safe handling statements.

(h)* * *

(2)The label statement required by paragraph (h)(1) of this section shall appear prominently and conspicuously, with the words “SAFE HANDLING INSTRUCTIONS” in bold type, on the principal display panel, the information panel, or on the inside of the lid of egg cartons. If this statement appears on the inside of the lid, the words “Keep Refrigerated” must appear on the principal display panel or information panel. Dated: May 25, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-16272 Filed 8-17-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 208 RIN 1510-AB07 Management of Federal Agency Disbursements AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: On August 7, 2006, the Financial Management Service

(FMS)published an interim final rule amending 31 CFR Part 208 (Part 208) to facilitate the delivery of Federal payments to victims of disasters and emergencies. See 71 FR 44584. The interim final rule was published without prior notice and comment and took effect immediately upon publication due to the need to be prepared to deliver Federal assistance and benefit payments during the 2006 hurricane season. However, we invited comments on the interim rule and indicated that we would consider all comments received. We have reviewed and considered the comments received on the interim rule and are adopting that rule as final without change. DATES: Effective August 20, 2007, the interim rule published on August 7, 2006 (71 FR 44584) is confirmed as final. ADDRESSES: You can download this rule at the following Web site: *http://www.fms.treas.gov/ach.* You may also inspect and copy this rule at: Treasury Department Library, Freedom of Information Act

(FOIA)Collection, Room 1428, Main Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. Before visiting, you must call

(202)622-0990 for an appointment. FOR FURTHER INFORMATION CONTACT: Sally Phillips, Director, EFT Strategy Division, at

(202)874-7106 or *sally.phillips@fms.treas.gov;* or Natalie H. Diana, Senior Counsel, at

(202)874-6680 or *natalie.diana@fms.treas.gov.* SUPPLEMENTARY INFORMATION: Background Part 208 implements the provisions of 31 U.S.C. 3332, which generally requires that Federal payments be made by electronic funds transfer (EFT). Under 31 U.S.C. 3332, the Secretary of the Treasury (Secretary) must ensure that any individual required to receive a Federal payment by EFT have access to an account at a financial institution at a reasonable cost and with certain consumer protections. On August 7, 2006, Treasury issued an interim final rule amending Part 208 in order to facilitate the delivery of Federal benefit and assistance payments to victims of emergencies and disasters. The purpose of the interim rule was to provide regulatory authority for Treasury, in the event of a disaster or emergency, to establish accounts at a financial institution for affected individuals in order to allow for the delivery by EFT of Federal payments. The possibility that a future emergency or disaster could disrupt the delivery of Federal payments through conventional methods such as direct deposit and check was made apparent by Hurricane Katrina in 2005. During the aftermath of Hurricane Katrina, many individuals who had been displaced from their homes were in immediate need of financial assistance. As Hurricane Katrina illustrated, in the extraordinary circumstance of a disaster, many individuals may not have access to their bank accounts and may not be able to readily establish new bank accounts. Such individuals would have no way to receive an electronic Federal assistance or benefit payment. Moreover, the postal delivery of checks may be delayed or disrupted in a disaster situation, at the very time when the expeditious delivery of Federal assistance and benefit payments is critical in assisting people in disaster situations who urgently need funds in order to pay for food, clothing and shelter. Even where Treasury checks can be expeditiously delivered to disaster victims, individuals who have been displaced from their homes may be unable to establish their identities due to lost or inaccessible documentation. As a result, financial institutions may be unwilling to cash Treasury checks for these individuals, because they cannot determine the identity of the individual or whether a Treasury check that an individual is seeking to cash has been stolen and fraudulently endorsed. Finally, check payments may raise security concerns in disaster situations, since individuals who cash checks will typically be carrying significant amounts of cash in order to make purchases. In light of these concerns, we published an interim final rule to provide regulatory authority for Treasury to establish accounts at financial institutions for victims of a disaster or emergency in order to allow for the electronic delivery of Federal payments. Summary and Response to Comments We received three comment letters on the interim final rule. One comment letter, from a national payments association, expressed support for the rule and noted that the rule appears to provide the flexibility that would be critical in the event of a future disaster or emergency that disrupts the delivery of payments. The letter also urged Treasury give advance consideration to issues such as how long accounts would remain open, where people would go to open accounts and how ACH files would be transferred if there were no electricity and/or telecommunications capacity. Another comment letter, from a trade association, agreed with the need for flexibility in disaster situations but urged Treasury to provide disaster victims with the opportunity to receive Federal payments through the financial institution of their choosing whenever possible. The letter also urged Treasury to use all available communications media to apprise disaster victims, the financial services sector and emergency assistance organizations of the plan to deliver Federal payments in the aftermath of a disaster. The third comment letter was from a Federal agency. The agency questioned how Treasury could deliver payments electronically in the event that the infrastructure supporting direct deposit were disrupted. The agency also raised other questions, such as how financial institutions would provide account access to disaster victims who do not have documentary evidence of their identities. Finally, the agency argued that agency relief personnel and individual victims are in the best position to decide how disaster relief payments should be delivered, and that individuals should not be required to receive payments electronically through accounts established for them by Treasury. We are aware that, depending on the nature of an emergency, the delivery of payments by direct deposit could be disrupted by damage to the payment system infrastructure. The purpose of the amendment to Part 208 was to provide Treasury with maximum flexibility for developing payment solutions even in the event of disruptions to payment networks, electricity and/or telecommunications. For example, in the event that the direct deposit network were not operational, it might be possible to deliver payments via other established electronic payment networks, such as ATM networks and credit/debit card networks, or through other means that might be developed depending upon the contingencies of a particular situation. In the event that individuals could not provide the standard identity documents that financial institutions typically require, Treasury would work with benefit and relief agencies and financial institutions to issue passwords that disaster victims could use to access payments following the agencies' confirmation of victims' identities on the basis of verifiable information held by the agency. It is important to note that the interim final rule permits, but does not require, Treasury to establish accounts for disaster victims. Treasury intends to work closely with benefit and relief agencies to determine how best to deliver funds in the event of an emergency. Because it is impossible to know in advance precisely the circumstances that a future disaster or emergency could present, the rule allows the terms and conditions of such accounts to be established on the basis of whatever is appropriate in a given situation. Thus, for example, Treasury might consider establishing accounts for disaster victims through which relief and assistance funds could be accessed at ATMs and/or point-of-sale locations. Alternatively, in more exigent circumstances, Treasury might work with one or more financial institutions to provide electronic funds access through proprietary arrangements with retailers, charitable organizations or other unconventional means of access. The interim final rule gives Treasury the authority to quickly establish accounts for disaster and emergency victims, as well as the flexibility to determine what features such accounts should have in order to meet the needs of agencies and payment recipients. Amendment of Part 208 The interim rule amended 31 CFR Part 208 by adding a new § 208.11 that provides that Treasury may establish accounts at financial institutions for victims of a disaster or emergency in order to allow for the electronic delivery of Federal payments. New § 208.11 gives the Secretary flexibility to determine what features such accounts should have in light of the particular nature of the disaster or emergency. Sections 208.4, 208.6, 208.7 and 210.5 of title 31 CFR do not apply to the establishment of accounts or issuance of payments pursuant to this section. For example, the waivers set forth in § 208.4 are not applicable in situations where Treasury is establishing accounts for the express purpose of allowing for the delivery by EFT of Federal payments to disaster victims. The requirement in §§ 208.6 and 210.5 that a Federal non-vendor electronic payment be deposited to a deposit account in the name of the recipient does not apply to accounts established pursuant to § 208.11, nor are agencies required to notify check recipients and newly-eligible payment recipients of options available to them, as is normally required under § 208.7. Further, Treasury will be able to deliver payments to accounts established pursuant to § 208.11, notwithstanding any other instructions from the payment recipient. Regulatory Analyses Request for Comment on Plain Language On June 1, 1998, the President issued a memorandum directing each agency in the Executive branch to write its rules in plain language. This directive is effective for all new proposed and final rulemaking documents issued on or after January 1, 1999. We invite comment on how to make this final rule clearer. For example, you may wish to discuss:

(1)Whether we have organized the material to suit your needs;

(2)whether the requirements of this final rule are clear; or

(3)whether there is something else we could do to make this rule easier to understand. Regulatory Planning and Review The final rule does not meet the criteria for a “significant regulatory action” as defined in Executive Order 12866. Therefore, the regulatory review procedures contained therein do not apply. Regulatory Flexibility Act Analysis Because no notice of proposed rulemaking was required for this final rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) do not apply. List of Subjects in 31 CFR Part 208 Accounting, Automated Clearing House, Banks, Banking, Electronic funds transfer, Financial institutions, Government payments. Adoption of the Amendment For the reasons set out in the preamble, under the authority of 5 U.S.C. 301 the interim rule amending 31 CFR Part 208 published at 71 FR 44584 is adopted as a final rule without change. Dated: August 14, 2007. Kenneth R. Papaj, Commissioner. [FR Doc. 07-4053 Filed 8-17-07; 8:45 am]

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