Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2007-08-23 · PROPOSED RULES · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service See Natural Resources Conse · Unknown

Unknown. Final rule

14,250 words·~65 min read·/register/2007/08/23/07-4108

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-2007-08-23.xml --- 72 163 Thursday, August 23, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Emerald ash borer, 48225-48227 E7-16695 Antitrust Antitrust Division NOTICES National cooperative research notifications:
Interchangeable Virtual Instruments Foundation, Inc., 48307 07-4129 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Emergency transportable housing; advisory committee establishment and meeting, 48251-48252 E7-16707 Meetings: Access Board, 48253 E7-16623 Telecommunications products and electronic and information technology; accessibility guidelines and standards Hearings, 48252-48253 E7-16635 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 48236-48239 E7-16630 PROPOSED RULES Regattas and marine parades: Head of the Connecticut Regatta, 48249-48251 E7-16627 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Loan and purchase programs: Milk Income Loss Contract Program, 48229-48231 E7-16713 NOTICES Agency information collection activities; proposals, submissions, and approvals, 48254 E7-16671 Commodity Commodity Futures Trading Commission NOTICES Commodity Exchange Act:
Futures Commission Merchants registration requirements; exemptive relief petitions— Chicago Mercantile Exchange, Inc., 48262-48264 E7-16641 Contract markets and registered futures associations; rule enforcement program reviews; fee schedule, 48264-48266 E7-16705 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-16689 48266-48267 E7-16691 Defense Defense Department See Navy Department NOTICES Meetings;
Sunshine Act, 07-4142 48267-48269 07-4143 07-4144 07-4145 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 48270 E7-16732 E7-16734 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 48270-48271 E7-16698 Executive Executive Office of the President See National Drug Control Policy Office See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 48272 07-4122 FAA Federal Aviation Administration RULES Class E airspace, E7-16403 48231-48232 E7-16490 Class E airspace; correction, 48232-48233 07-4108 Standard instrument approach procedures, 48233-48236 E7-16409 E7-16410 PROPOSED RULES Airworthiness directives:
Boeing, 48243-48248 E7-16656 E7-16659 NOTICES Aeronautical land-use assurance; waivers: Sanford Regional Airport, ME, 48314 07-4124 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— 700 MHz band licenses auction; competitive bidding procedures, 48272-48285 E7-16677 Federal Crop Federal Crop Insurance Corporation RULES Crop insurance regulations: Millet crop insurance provisions, 48227-48229 E7-15954 Federal Highway Federal Highway Administration NOTICES Federal agency actions on proposed highways; judicial review claims:
Inyo County, CA, 48315 E7-16666 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 48315-48317 E7-16638 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 48285 E7-16679 Formations, acquisitions, and mergers, 48285-48286 E7-16680 Permissible nonbanking activities, 48286 E7-16678 Fish Fish and Wildlife Service RULES Endangered Species Convention:
Regulations revised, 48402-48494 07-3960 NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 48292-48293 E7-16712 Forest Forest Service PROPOSED RULES National Forest System land and resource management planning: 2005 planning rule, implementation, 48514-48541 E7-16378 NOTICES Agency information collection activities; proposals, submissions, and approvals, 48255 E7-16663 Meetings: Resource Advisory Committees— Ouachita-Ozark, 48256 07-4128 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 48256 07-4136 Health Health and Human Services Department See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.
Customs and Border Protection PROPOSED RULES Privacy Act; implementation, 48346-48348 E7-15966 NOTICES Agency information collection activities; proposals, submissions, and approvals, 48289-48291 E7-16642 E7-16643 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-16637 48291-48292 E7-16640 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Excise taxes:
Taxable fuel entry Correction, 48236 E7-16626 Procedure and administration: Nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property; notification changes Correction, 48236 E7-16651 PROPOSED RULES Estate and gift taxes: Generation-skipping transfer tax purposes; qualified severance of trust Correction, 48249 E7-16619 Income taxes: Limitations on estates or trusts; section 67 guidance Correction, 48248-48249 E7-16615 Procedure and administration:
Nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property; notification changes; cross-reference Correction, 48249 E7-16624 International International Trade Administration NOTICES Antidumping: Frozen warmwater shrimp from— Ecuador, 48257-48258 E7-16686 Glycine from— India, 48257 E7-16690 *Applications, hearings, determinations, etc.:* North Carolina State University, 48258 E7-16692 University of— Arizona, 48259 E7-16688 Georgia, et al., 48258-48259 E7-16687 Justice Justice Department See Antitrust Division See Justice Programs Office See Juvenile Justice and Delinquency Prevention Office NOTICES Pollution control; consent judgments:
Aristedes Zavaras, et al., 48301 07-4121 BFI Waste Systems of North America, Inc. et al., 48301 07-4119 Woodstock, IL, 48302 07-4120 Senior Executive Service Performance Review Board; membership, 48302-48307 E7-16664 Justice Justice Programs Office NOTICES Meetings: Juvenile Justice Federal Advisory Committee, 48307-48308 E7-16636 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Juvenile Justice and Delinquency Prevention Coordinating Council, 48308 E7-16634 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:
North Dakota, 48293 E7-16710 Meetings: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 48256 07-4136 Survey plat filings: Oregon/Washington, 48293 E7-16667 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas operations, 48293-48295 E7-16709 Environmental statements; notice of intent: Alaska Region OCS— Oil and gas lease sales, 48295-48300 07-4134 National Drug National Drug Control Policy Office NOTICES Senior Executive Service Performance Review Board; membership, 48308-48309 E7-16646 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 48309 E7-16481 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 48286-48288 E7-16644 Meetings:
National Eye Institute, 48288 07-4100 Supplementary risk assessments and site suitability analyses: National Emerging Infectious Disease Laboratory, Boston University Medical Center, MA, 48288-48289 E7-16645 NOAA National Oceanic and Atmospheric Administration RULES International fisheries regulations: Antarctic marine living resources; centralized vessel monitoring system, fresh toothfish imports, etc., 48496-48512 E7-16589 NOTICES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Snapper-grouper, 48259 07-4133 Meetings:
Gulf of Mexico Fishery Management Council, 48259-48260 E7-16618 Pacific Fishery Management Council, E7-16617 48260-48262 E7-16625 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Lost Creek Watershed, MO, 48256-48257 E7-16703 Navy Navy Department NOTICES Environmental statements; record of decision: Surveillance Towed Array Sensor System Low Frequency Active Sonar, 48269 E7-16653 Inventions, Government-owned; availability for licensing, 48269-48270 E7-16654 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 48310 E7-16675 Environmental statements; availability, etc.:
Genisphere, 48310-48312 E7-16701 National Office of National Drug Control Policy See National Drug Control Policy Office Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Ovarian Cancer Awareness Month (Proc. 8165), 48219-48220 07-4155 National Prostate Cancer Awareness Month (Proc. 8166), 48543-48546 07-4163 SBA Small Business Administration NOTICES Disaster loan areas: Florida, 48312 E7-16716 Privacy Act; systems of records, 48312-48313 E7-16697 State State Department NOTICES Meetings:
Private International Law Advisory Committee, 48313 E7-16682 Susquehanna Susquehanna River Basin Commission NOTICES Meetings and hearings, 48313-48314 E7-16662 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Transportation Transportation Security Administration PROPOSED RULES Civil aviation security: Secure Flight program, 48356-48391 E7-15960 Privacy Act; implementation, 48397-48400 E7-15963 NOTICES Privacy Act; systems of records, 48392-48396 E7-15964 Treasury Treasury Department See Internal Revenue Service RULES Practice and procedure:
Employees; supplemental standards of ethical conduct, 48221-48225 E7-16711 Customs U.S. Customs and Border Protection RULES Air commerce and vessels in foreign and domestic trades: Passenger and crew member manifests; advanced electronic transmission requirements, 48320-48345 E7-15985 NOTICES Privacy Act; systems of records, 48349-48353 E7-15976 Veterans Veterans Affairs Department RULES Organ procurement organizations; information disclosure, 48239-48242 E7-16648 Separate Parts In This Issue Part II Homeland Security Department, 48346-48348 E7-15966 Part II Homeland Security Department, U.S.
Customs and Border Protection, 48320-48345, 48349-48353 E7-15976 E7-15985 Part III Homeland Security Department, Transportation Security Administration, 48356-48400 E7-15960 E7-15963 E7-15964 Part IV Interior Department, Fish and Wildlife Service, 48402-48494 07-3960 Part V Commerce Department, National Oceanic and Atmospheric Administration, 48496-48512 E7-16589 Part VI Agriculture Department, Forest Service, 48514-48541 E7-16378 Part VII Executive Office of the President, Presidential Documents, 48543-48546 07-4163 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. 72 163 Thursday, August 23, 2007 Rules and Regulations DEPARTMENT OF THE TREASURY 5 CFR Part 3101 RINs 1550-AC03, 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury AGENCY: Department of the Treasury.
ACTION: Final rule. SUMMARY: The Department of the Treasury (Department), with the concurrence of the Office of Government Ethics (OGE), is amending the Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury (Treasury Supplemental Ethics Regulations). The final rule revises the circumstances under which covered Office of Thrift Supervision
(OTS)employees may obtain credit cards and loans secured by a principal residence from OTS-regulated savings associations or their subsidiaries. This amendment also modifies rules on disqualifications. DATES: *Effective Date:* August 23, 2007. FOR FURTHER INFORMATION CONTACT: Ira S. Kaye, Senior Ethics Counsel, Office of the Assistant General Counsel (General Law and Ethics), Department of the Treasury, Room 2023, Washington, DC 20220,
(202)622-1963, or Elizabeth Moore, Ethics Counsel, OTS Litigation Division, 1700 G Street, NW., Washington, DC 20552,
(202)906-7039. SUPPLEMENTARY INFORMATION: I. Background The Office of Government Ethics
(OGE)has issued rules setting out the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 (Standards). The Treasury Supplemental Ethics Regulations at 5 CFR part 3101 supplement these Standards, and were issued to minimize potential conflicts of interest by Department of Treasury employees. The Treasury Supplemental Ethics Regulations set out additional rules for Office of Thrift Supervision
(OTS)employees at 5 CFR 3101.109. These rules were designed to prevent employees of OTS from taking actions that violate (or appear to violate) conflict of interest laws or certain criminal statutes, or that create (or may create) an appearance of a loss of impartiality. The Treasury Supplemental Ethics Regulations generally prohibit covered OTS employees from seeking or obtaining loans or other extensions of credit from any OTS-regulated savings association or from an officer, director, employee or subsidiary of such a savings association. 5 CFR 3101.109(c)(1). 1 This prohibition extends to the spouses and minor children of covered OTS employees, unless the loan or extension of credit meets specified standards. 2 1 Covered OTS employees include OTS examiners, employees in positions at OTS grade 17 and above, and other designated OTS employees. 5 CFR 3101.109(a). 2 A spouse or a minor child may obtain a loan or extension of credit if:
(1)The loan is supported only by the income or independent means of the spouse or child;
(2)the loan is obtained on terms and conditions no more favorable than those offered to the general public; and
(3)the covered OTS employee does not participate in the negotiation of the loan, or serve as co-maker, endorser, or guarantor. 5 CFR 3101.109(c)(2). This final rule makes a clarifying change to the second of these conditions to conform it to the statutory conditions in 18 U.S.C. 212(c)(4)(A) and (B), as amended. The current Treasury Supplemental Ethics Regulations prescribe an exception to this general prohibition for credit card accounts. Except for examiners, a covered OTS employee (or a spouse or minor child of a covered OTS employee), may obtain and hold a credit card from an OTS-regulated savings association (or its subsidiary) if the credit card is issued on terms and conditions no more favorable than those offered to the general public. 5 CFR 3101.109(c)(3)(i) (2006). An examiner (or a spouse or minor child of an examiner) may obtain and hold a credit card from an OTS-regulated savings association (or its subsidiary) only if:
(1)The savings association is not headquartered in the examiner's region;
(2)the examiner is not assigned to examine the savings association;
(3)the terms and conditions are no more favorable than those offered to the general public; and
(4)the examiner submits a written disqualification from examining that savings association. 5 CFR 3101.109(c)(3)(ii) (2006). The more rigorous credit card rule for examiners was designed to prevent violations of 18 U.S.C. 213, a criminal statute, which prohibits an examiner from accepting a loan or gratuity from a financial institution that he or she examines. Until December 2003, 18 U.S.C. 213
(2000)provided: Whoever, being an examiner or assistant examiner of * * * financial institutions the deposits of which are insured by the Federal Deposit Insurance Corporation * * * accepts a loan or gratuity from any bank, branch, agency, corporation, association or organization examined by him or from any person connected [t]herewith, shall be fined under this title or imprisoned not more than one year, or both; and may be fined a further sum equal to the money so loaned or gratuity given, and shall be disqualified from holding office as such examiner. A related criminal statute, 18 U.S.C. 212, prohibits officers, directors, or employees of financial institutions from making or granting such loans or gratuities. On December 19, 2003, the President signed the Preserving Independence of Financial Institution Examinations Act of 2003, Public Law 108-198, which amended 18 U.S.C. 212 and 213. The new law preserves the general prohibition against an examiner accepting a loan or gratuity from a financial institution under examination, but creates two exceptions to the criminal bar. Under the new law, it is no longer a crime for an examiner to hold an open-end consumer credit card account or obtain a loan secured by residential real property that is used as the principal residence of the examiner if:
(A)The applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;
(B)the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers [or] cardholders in comparable circumstances under open end consumer credit plans or for residential real property loans; and
(C)with respect to residential real property loans, the loan is with respect to the primary residence of the applicant. 3 3 18 U.S.C. 212(c)(4), as amended. Other types of loans, such as overdraft protection not secured by a principal residence, vacation home loans, car loans, and personal loans still are subject to the prohibitions in 18 U.S.C. 212 and 213. It remains a crime for an examiner to examine an institution that has extended those types of credit to him or her. The Department has reexamined the restrictions on credit cards and loans on principal residences for covered OTS employees, and their spouses and minor children, in light of these recent statutory changes and is making several revisions to the Treasury Supplemental Ethics Regulation pursuant to its rulemaking authority under 18 U.S.C. 212(b) and 5 CFR Part 2635. In making these revisions, the Department has consulted with the other financial institution regulatory agencies. To the extent that the revised provisions apply to covered OTS employees, their spouses and minor children, the Department has determined, with OGE concurrence, that the regulations are needed so that a reasonable person would not question the impartiality and objectivity with which agency programs are administered. *See* 5 CFR 2635.403(a). Further, with respect to the revised restrictions and prohibitions on the holding of financial interests (indebtedness, that is certain loans and extensions of credit) by covered OTS employees' spouses and minor children, the Department has determined that there is a direct and appropriate nexus between such restrictions and prohibitions as applied to the spouses and minor children, and the efficiency of covered employees' service. II. Rule Changes A. Credit Card Loans The Department has reviewed the extent to which credit cards present conflicts of interest for OTS examiners and has concluded that, in most instances, neither obtaining nor holding a credit card creates a conflict of interest or presents the likelihood of a loss of impartiality by an OTS examiner. Individuals usually do not negotiate the terms and conditions of a credit card account. Rather, relevant terms and conditions, including credit limits, fees, and rates, are generally set according to various income and creditworthiness standards. Moreover, the present regulatory restriction may have a detrimental impact on OTS's ability to supervise certain operations. OTS supervises a small number of thrifts with large credit card portfolios. Due to the scope of these institutions' credit card operations, OTS has experienced some difficulty in fielding and maintaining appropriate examination teams for the institutions. Accordingly, the Department believes that the examiner restriction should be revised to ensure that OTS Regional and Washington offices have more flexibility to assign projects to examiners. 4 4 On December 23, 2003, upon the enactment of the revised statute, the OTS Director granted a blanket waiver of the credit card regulation pursuant to 5 CFR 3101.109(g). Specifically, the OTS Director waived 5 CFR 3101.109(c) to permit examiners, their spouses, and minor children to obtain credit cards subject to the statutory conditions. On March 31, 2006, the Director granted a blanket waiver to permit all covered employees, their spouses and minor children, to obtain loans from OTS-regulated thrifts if the loan is secured by the borrower's principal residence and meets certain other conditions. Covered employees are required to report any such loans and credit cards on their annual OTS supplemental financial disclosure reports and to attest that the card or loan was obtained and is being held on non-preferential terms. The Department is amending the Treasury Supplemental Ethics Regulations to permit examiners (and their spouses and minor children) to obtain credit cards from OTS-regulated savings associations (or their subsidiaries) on the same basis as other covered OTS employees. Under the final rule, any covered OTS employee (or spouse or minor child of a covered OTS employee) may obtain and hold a credit card account established under an open-end consumer credit plan and issued by an OTS-regulated savings association (or its subsidiary) subject to certain conditions. These conditions were designed to reflect the new statutory exemption at 18 U.S.C. 212. Specifically, the final rule states at new amended paragraph (c)(3)(i) of § 3101.109 that covered OTS employees, their spouses, and minor children may obtain and hold a credit card established under an open-end consumer credit plan and issued by an OTS-regulated savings association or its subsidiary if:
(1)The cardholder satisfies all financial requirements for the credit card account that are generally applicable to all applicants for the same type of credit card account; and
(2)the terms and conditions applicable with respect to the account and any credit extended to the cardholder under the account are no more favorable generally to that cardholder than the terms and conditions that are generally applicable to credit card accounts offered by the same savings association (or the same subsidiary) to other cardholders in comparable circumstances under open-end consumer credit plans. These requirements are modeled on the conditions in 18 U.S.C. 212, as amended, and are substantially identical to the condition applicable to credit card accounts permitted under the current rules, which provides that credit cards must be “issued and held on terms and conditions no more favorable than those offered [to] the general public.” *See* 5 CFR 3101.109(c)(3)(i) and (c)(3)(ii)(C) (2006). Under the current Treasury Supplemental Ethics Regulations, an examiner must disqualify himself from examining a savings association if the examiner (or the spouse or minor child of an examiner) has obtained a credit card from that savings association or its subsidiary. 5 CFR 3101.109(c)(3)(ii)(D) (2006). Today's final rule no longer requires such a disqualification every time the OTS examiner, spouse, or minor child obtains a credit card loan from a particular thrift or its subsidiary. 5 Instead, the final rule in new amended paragraph (c)(3)(i)(C) requires a covered OTS employee to submit a written disqualification if the employee (or his or her spouse or minor child) as cardholder becomes involved in an “adversarial dispute” with the issuer of the credit card account. For the purposes of this rule, a cardholder is involved in an adversarial dispute if he or she is delinquent in payments on the credit card account; the issuer and the cardholder are negotiating to restructure the credit card debt; the issuer garnishes the cardholder's wages; the cardholder disputes the terms and conditions of the account; or the cardholder becomes involved in any disagreement with the issuer that casts doubt on the employee's ability to remain impartial with respect to the savings association or its subsidiaries. Preliminary inquiries regarding the accuracy of billing information or billed items are not, but may become, an adversarial dispute. 5 OTS will, however, continue to require covered OTS employees to disclose their credit cards on their annual OTS supplemental financial disclosure reports, and to attest that their credit cards meet the requirements of this rule. Under amended paragraph (c)(3)(i)(C) of the final rule, a written disqualification must state that the covered OTS employee will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries. This disqualification will not, however, prevent a covered OTS employee from participating in formulating OTS policy or writing guidance, policy statements or regulations generally applicable to savings associations or their subsidiaries. 6 6 The disqualification requirement may be waived on a case-by-case basis under the circumstances described at 5 CFR 3101.109(g). Currently, the rules disqualify an examiner only with respect to activities that affect the savings association or the savings association's subsidiaries. 5 CFR 3101.109(c)(3)(ii) (2006). The disqualification does not extend to the savings association's holding company or to the holding company's other subsidiaries. The final rule takes this same approach. OTS may, of course, require a covered OTS employee to submit a disqualification that also covers the holding company and its other subsidiaries. On a case-by-case basis, OTS may require a disqualification if the relevant facts and circumstances surrounding the examiner's participation in an examination, the review of an application, or any other supervisory or regulatory matter directly affecting the holding company and its other subsidiaries would cause a reasonable person to question the examiner's impartiality. *See* 5 CFR 2635.502. B. Loans Secured by Principal Residence The Department has also reviewed whether it should retain restrictions on loans secured by a principal residence. Typically, home loans, unlike credit card loans, are the subject of negotiation between borrowers and lenders. While such negotiations increase the opportunity for a real or perceived conflict of interest, the Department believes that such conflicts may be minimized by the imposition of appropriate conditions. The Department does not believe that this rule change will unduly interfere with OTS's ability to distribute work assignments among employees, since each covered OTS employee is unlikely to have more than one or two loans secured by a principal residence. Accordingly, the Department has revised the rule in new amended paragraph (c)(3)(ii) of § 3101.109 to permit a covered OTS employee (or a spouse or minor child of a covered OTS employee) to obtain and hold loans from a savings association or subsidiary of a savings association, subject to several conditions. First, pursuant to new amended paragraph (c)(3)(ii)(A), the loan must be secured primarily by residential real property that is the borrower's principal residence. This final rule applies to any loan secured primarily by a principal residence including a new mortgage loan, a refinanced loan, and a home equity line of credit. The rule, however, applies only to loans secured primarily by the borrower's principal residence. It does not apply to loans secured by vacation homes, investment properties, or other dwellings. The rule permits the borrower to retain a loan that was permissible when it was made, even though the residential real property has ceased to be the borrower's principal residence. However, any subsequent renewal or renegotiation of the original terms of such a loan must meet the requirements of the prohibited borrowings rule. Second, pursuant to amended paragraph (c)(3)(ii)(B), the borrower may not apply for the loan while the covered OTS employee participates, or is scheduled to participate, in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries. OTS believes that a reasonable person might question the employee's impartiality in such an instance. Third, the final rule incorporates conditions designed to ensure compliance with 18 U.S.C. 212, as amended. Specifically, the rule provides at amended paragraph (c)(3)(ii)(C) that a borrower must satisfy all financial requirements for the loan that are generally applicable to all applicants for the same type of residential real property loan. Also, under amended paragraph (c)(3)(ii)(D), the terms and conditions applicable with respect to the loan and any credit extended to the borrower under the loan may be no more favorable generally to the borrower than the terms and conditions that are generally applicable to residential real property loans offered by the same savings association (or same subsidiary) to other borrowers in comparable circumstances for residential real property loans. To permit OTS to monitor loans under the principal residence exception, the final rule requires covered employees to provide certain information to OTS. Specifically, pursuant to amended paragraph (c)(3)(ii)(E), a covered OTS employee must inform his or her OTS supervisor and the OTS ethics officer before the borrower applies for a residential real property loan under the principal residence exemption. Immediately after the borrower enters into the loan agreement, amended paragraph (c)(3)(ii)(F) provides that the covered employee must also: Notify his or her supervisor and the OTS ethics officer of the agreement; certify that the loan meets the requirements for the principal residence exception; and submit a written disqualification stating that he or she will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries. 7 Like the credit card disqualification, this disqualification will not prevent the covered OTS employee from participating in formulating OTS policy or writing guidance, policy statements or regulations generally applicable to savings associations; does not generally extend to the savings association's holding company (or other holding company affiliates); and may be waived on a case-by-case basis under 5 CFR 3101.109(g). 7 Covered OTS employees will also be required to disclose these loans on their annual OTS supplemental financial disclosure reports. C. Pre-Existing and Transferred Loans The current rules at 5 CFR 3101.109(c)(4)
(2006)permit a covered OTS employee (or spouse or minor child of a covered OTS employee) to retain a loan on its original terms if
(1)the loan was incurred before April 30, 1991 or before employment with the OTS, whichever date is later; or
(2)the loan was acquired by sale or transfer to an OTS-regulated savings association or by conversion or merger of the lender into an OTS-regulated savings association. A renewal or renegotiation of such a pre-existing or transferred loan, however, must comply with loan restrictions in 5 CFR 3101.109(c)(1) and (c)(2)
(2006)of the current Treasury Supplemental Ethics Regulations, prior to this final rule amendment. The final rule makes a few changes to this provision. First, credit card accounts will not be eligible for the pre-existing or transferred loan exception in amended § 3101.109(c)(4). OTS expects all credit card accounts, including pre-existing credit card accounts, to satisfy the “arms-length terms” and other requirements described in the other exceptions under the final rule. The final rule also requires a covered OTS employee to provide the OTS ethics officer with a timely notification when the employee (or his or her spouse or minor child) holds a pre-existing or transferred loan under this section, and to submit a written disqualification stating that the employee will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting that savings association or its subsidiaries. D. Loans from Holding Companies Additionally, OTS has decided to prohibit an OTS examiner from examining a savings and loan holding company (or its subsidiaries), if the holding company (or its subsidiary) owns or holds the examiner's loan. This rule is not based on the criminal provisions at 18 U.S.C. 212 and 213, since these entities usually are not financial institutions. Rather, OTS believes that such arrangements would raise a question about an examiner's impartiality in the mind of a reasonable person with knowledge of the relevant facts and circumstances. *See* 5 CFR 2635.502. Specifically, the final rule states at new paragraph (c)(5) of § 3101.109 that an OTS examiner must submit a written disqualification to OTS if the examiner (or his or her spouse or minor child) obtains or holds a loan from a savings and loan holding company or its subsidiary (other than a subsidiary that is an OTS-regulated savings association or its subsidiary). The written disqualification must state that the examiner will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting that lender. However, the last sentence of new paragraph (c)(5) states that an examiner is not required to submit a disqualification for any loan that would have been permitted and would not have required a disqualification under the rules if a savings association had made the loan. For example, an OTS examiner would not be required to submit a disqualification for a credit card loan from a holding company if the examiner satisfies all financial requirements for the credit card account that are generally applicable to all applicants for the same kind of account, and the terms and conditions applicable to the account are no more favorable generally to the cardholder than the terms and conditions that are generally applicable to credit card accounts offered by the holding company. Of course, the examiner would be required to submit a written disqualification to OTS if he or she became involved in an adversarial dispute with the holding company that issued the credit card account. E. Clarifications In addition to the changes discussed above, the Department has made technical changes to the prohibition on borrowing by a spouse or minor child to conform the provisions addressing permissible terms and conditions to the related standard contained in the statute at 18 U.S.C. 212(c)(4)(A) and (B), as amended, and to use plain language in the final rule consistent with 12 U.S.C. 4809. III. Regulatory Findings A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(a)(2), notice of proposed rulemaking, opportunity for public comment, and a 30-day delayed effective date are not applicable to this final rule amendment. B. Regulatory Flexibility Act Analysis Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply. C. Executive Order 12866 The Department has determined that this final rule does not constitute a “significant regulatory action” for the purposes of Executive Order 12866. List of Subjects in 5 CFR Part 3101 Conflict of interests, Ethics, Extensions of credit, Government employees, OTS employees. For the reasons set forth in the preamble, the Department, with the concurrence of OGE, amends 5 CFR part 3101 as follows: PART 3101—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF THE TREASURY 1. The authority citation for part 3101 continues to read as follows: Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii). 2. In § 3101.109, revise paragraphs (c)(2), (c)(3), and (c)(4) and add a new paragraph (c)(5) to read as follows: § 3101.109 Additional rules for Office of Thrift Supervision employees.
(c)* * *
(2)*Prohibition on borrowing by a spouse or minor child.* The prohibition in paragraph (c)(1) of this section applies to the spouse and minor child of a covered OTS employee, except that a spouse or minor child may obtain and hold a loan or extension of credit from an OTS-regulated savings association (or its subsidiary) if:
(i)The loan or extension of credit is supported only by the income or independent means of the spouse or minor child;
(ii)The spouse or minor child satisfies all financial requirements for the loan or extension of credit that are generally applicable to all applicants for the same type of loan or extension of credit;
(iii)The terms and conditions applicable with respect to the loan or extension of credit and any credit extended to the borrower under the loan or extension of credit are no more favorable generally to the borrower than the terms and conditions that are generally applicable to loans or extensions of credit offered by the same savings association (or same subsidiary) to other borrowers in comparable circumstances for the same type of loan or extension of credit; and
(iv)The covered OTS employee does not participate in the negotiation for the loan or serve as a co-maker, endorser, or guarantor of the loan or extension of credit.
(3)*Exceptions* —(i) *Credit cards.* A covered OTS employee (or a spouse or minor child of a covered OTS employee) may obtain and hold a credit card account established under an open-end consumer credit plan and issued by an OTS-regulated savings association (or its subsidiary), subject to the following conditions:
(A)The cardholder must satisfy all financial requirements for the credit card account that are generally applicable to all applicants for the same type of credit card account;
(B)The terms and conditions applicable with respect to the account and any credit extended to the cardholder under the account are no more favorable generally to that cardholder than the terms and conditions that are generally applicable to credit card accounts offered by the same savings association (or the same subsidiary) to other cardholders in comparable circumstances under open-end consumer credit plans; and
(C)The covered OTS employee must submit a written disqualification to OTS if the cardholder becomes involved in an adversarial dispute with the issuer of the credit card account. The written disqualification must state that the covered OTS employee will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries. For the purposes of this paragraph (c)(3)(i), a cardholder is involved in an adversarial dispute if he or she is delinquent in payments on the credit card account; the issuer and the cardholder are negotiating to restructure the credit card debt; the issuer garnishes the cardholder's wages; the cardholder disputes the terms and conditions of the account; or the cardholder becomes involved in any disagreement with the issuer that may cast doubt on the covered OTS employee's ability to remain impartial with respect to the savings association or its subsidiaries. Preliminary inquiries to the issuer regarding the accuracy of billing information or billed items are not, but may become, an adversarial dispute.
(ii)*Loans secured primarily by principal residence.* A covered OTS employee (or a spouse or minor child of a covered OTS employee) may obtain and hold a residential real property loan from an OTS-regulated savings association (or its subsidiary) subject to the following conditions:
(A)The loan must be secured primarily by residential real property that is the borrower's principal residence. The borrower may retain the loan if the residential real property ceases to be that borrower's principal residence. However, any subsequent renewal or renegotiation of the original terms of such a loan must meet the requirements of this paragraph (c)(3)(ii);
(B)The borrower may not apply for the loan while the covered OTS employee participates, or is scheduled to participate, in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries;
(C)The borrower must satisfy all financial requirements for the loan that are generally applicable to all applicants for the same type of residential real property loan;
(D)The terms and conditions applicable with respect to the loan and any credit extended to the borrower under the loan are no more favorable generally to that borrower than the terms and conditions that are generally applicable to residential real property loans offered by the same savings association (or same subsidiary) to other borrowers in comparable circumstances for residential real property loans;
(E)The covered OTS employee must inform his or her OTS supervisor and the OTS ethics officer before the borrower applies for a residential real property loan under this paragraph (c)(3)(ii); and
(F)Immediately after the borrower enters into the loan agreement, the covered OTS employee must: ( *1* ) Notify his or her supervisor and the OTS ethics officer of the loan agreement; ( *2* ) Certify that the loan meets the requirements of this paragraph (c)(3)(ii); and ( *3* ) Submit a written disqualification stating that the covered OTS employee will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries.
(4)*Pre-existing loans.*
(i)Other than a credit card account, which must comply with paragraph (c)(3)(i) of this section, a covered OTS employee (or spouse or minor child of a covered OTS employee) may retain a loan from an OTS-regulated savings association (or its subsidiary) on its original terms if:
(A)The loan was incurred before April 30, 1991 or the date that the individual became a covered OTS employee, whichever date is later; or
(B)The savings association (or its subsidiary) acquired the loan in a purchase or other transfer, or acquired the loan in a conversion or merger of the lender.
(ii)A covered OTS employee must notify the OTS ethics officer, in a timely manner, of any loan that meets the requirements of paragraph (c)(4)(i) of this section, and must submit a written disqualification stating that the covered OTS employee will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting the savings association or its subsidiaries.
(iii)If a covered OTS employee (or his or her spouse or minor child) renews or renegotiates the original terms of a pre-existing loan described in this paragraph (c)(4), the renewed or renegotiated loan will become subject to paragraphs (c)(1) through (c)(3) of this section.
(5)*Loans from holding companies.* An OTS examiner must submit to OTS a written disqualification if the OTS examiner (or a spouse or minor child of an OTS examiner) obtains or holds a loan from a savings and loan holding company or its subsidiary (other than a subsidiary that is an OTS-regulated savings association or its subsidiary, loans from which are covered by paragraph (c)(3) of this section). The written disqualification must state that the examiner will not participate in any examination, the review of any application, or any other supervisory or regulatory matter directly affecting that lender. A disqualification is not required for a loan that would have been permitted and would not have required a disqualification under this paragraph (c), if a savings association (or its subsidiary) had made the loan. Dated: July 9, 2007. Robert F. Hoyt, General Counsel, Department of the Treasury. Approved: August 14, 2007. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. E7-16711 Filed 8-22-07; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0005] Emerald Ash Borer; Additions to Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by designating the States of Illinois, Indiana, and Ohio, in their entirety, as quarantined areas. The interim rule was necessary to prevent the artificial spread of the emerald ash borer into noninfested areas of the United States. As a result of the interim rule, the interstate movement of regulated articles from those States is restricted. DATES: Effective on August 23, 2007, we are adopting as a final rule the interim rule published at 72 FR 15597-15598 on April 2, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, National Emerald Ash Borer Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1236;
(301)734-5356. SUPPLEMENTARY INFORMATION: Background The emerald ash borer
(EAB)( *Agrilus planipennis* ) is a destructive woodboring insect that attacks ash trees ( *Fraxinus* spp., including green ash, white ash, black ash, and several horticultural varieties of ash). The insect, which is indigenous to Asia and known to occur in China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and Canada, eventually kills healthy ash trees after it bores beneath their bark and disrupts their vascular tissues. The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of EAB into noninfested areas of the United States. The regulations in § 301.53-3(a) provide that the Administrator of the Animal and Plant Health Inspection Service will list as a quarantined area each State, or each portion of a State, where EAB has been found by an inspector, where the Administrator has reason to believe that EAB is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine enforcement purposes from localities where EAB has been found. In an interim rule 1 effective and published in the **Federal Register** on April 2, 2007 (72 FR 15597-15598, Docket No. 2007-0005), we amended the regulations in § 301.53-3(c) by designating the States of Illinois, Indiana and Ohio, in their entirety, as quarantined areas. Comments on the interim rule were required to be received on or before June 1, 2007. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. 1 To view the interim rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0005.* This action also affirms the information contained in the interim rule concerning Executive Orders 12866, 12372, and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Regulatory Flexibility Act This rule affirms an interim rule that amended the EAB regulations by designating the States of Illinois, Indiana, and Ohio, in their entirety, as quarantined areas. The interim rule was necessary to prevent the artificial spread of the emerald ash borer into noninfested areas of the United States. As a result of the interim rule, the interstate movement of regulated articles from those States is restricted. The following analysis addresses the economic effects of the interim rule on small entities, as required by the Regulatory Flexibility Act. Based on data from the 2002 Census of Agriculture, there were 4,909 nurseries and 285 sawmills in Illinois, Indiana, and Ohio in that year. The interim rule will not have negatively affected entities in areas of the three States that were already under quarantine. Those entities may, in fact, benefit by not having to have regulated articles certified prior to movement within the State, as had been the case when only a portion of each State was quarantined. We do not know the number of these entities. For the newly quarantined entities in the three States, the extent to which they will be affected by the interim rule will depend on the importance of ash species to their businesses and the share of ash species sales that are interstate. In Indiana, the interim rule may affect as many as 1,123 nurseries, 114 sawmills, and an unknown number of firewood dealers, ash lumber producers, and woodlot owners, based on 2002 data. In Ohio, there are at least 2,678 nurseries and 121 sawmills that may be affected by the EAB quarantine. There are also at least 60 ash lumber operations, 18 firewood dealers, and an unknown number of woodlot owners and landscapers. 2 In Illinois, the interim rule may affect at least 1,108 nursery operations and 50 sawmills. However, the rule only affects the proportion of nursery stock in these operations that is deciduous shade trees of an ash species. 2 Tom Harrison, Ohio Department of Agriculture, personal communication. The U.S. Census of Agriculture does not report sale receipts nor the number of employees by entity. It is reasonable to assume that most are small in size according to the U.S. Small Business Administration's standards. The small business size standard based upon the North American Industry Classification System (NAICS) code 111421 (nursery and tree production) is $750,000 or less in annual receipts. The small business size standard based upon NAICS code 113210 (forest nursery and gathering of forest products) is $6 million or less in annual receipts. The small business size standard based upon NAICS codes 113310 (logging operations) and 321113 (sawmills) is 500 or fewer persons employed by the operation. 3 It is estimated that more than 90 percent of nursery operations located in these States are small operations with annual receipts of less than $750,000 (including nursery operations that sell deciduous shade trees). 4 It is reasonable to assume that nearly all sawmills and logging operations have 500 or fewer employees, since more than 80 percent of the sawmills located in these States have fewer than 20 employees and each State has an average of 14-15 employees per operation. 5 The percentage of annual revenue attributable to ash species alone for affected entities is unknown. 3 Based upon 2002 Census of Agriculture—State Data and the “Small Business Size Standards by NAICS Industry.” Code of Federal Regulations, Title 13, Chapter 1. 4 “Nursery Crops: 2002 Summary.” National Agricultural Statistics Service, USDA July 2004. 5 “2002 Economic Census: Manufacturing.” U.S. Census Bureau, July 2005 (Indiana, Illinois, and Ohio Geographical reports). Under the regulations, regulated articles may be moved interstate from a quarantined area into or through an area that is not quarantined only if they are accompanied by a certificate or limited permit. An inspector or a person operating under a compliance agreement will issue a certificate for interstate movement of a regulated article if certain conditions are met, including that the regulated article is determined to be apparently free of EAB. 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 they should not be costly in most cases, even for businesses operating under a compliance agreement that would perform the inspections themselves. For those businesses that elect not to enter into a compliance agreement, APHIS would provide the services of the inspector without cost during normal business hours. 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 EAB, and, as a result, the article would be ineligible for interstate movement under a certificate. In such a 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 § 301.53-5(b). Our experience with administering the EAB regulations and the regulations for other pests, such as the Asian longhorned beetle, that impose essentially the same conditions on the interstate movement of regulated articles leads us to believe that any economic effects on affected small entities will be small and are outweighed by the benefits associated with preventing the spread of EAB into noninfested areas of the United States. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant impact on a substantial number of small entities. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 72 FR 15597-15598 on April 2, 2007. Done in Washington, DC, this 15th day of August 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service [FR Doc. E7-16695 Filed 8-22-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC12 Common Crop Insurance Regulations; Millet Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation
(FCIC)finalizes the Common Crop Insurance Regulations; Millet Crop Insurance Provisions to remove the reduction in indemnity for any unharvested millet acreage to better meet the needs of insured producers. DATES: *Effective Date:* September 24, 2007. FOR FURTHER INFORMATION CONTACT: Erin Albright, Risk Management Specialist, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility—Mail Stop 0812, PO Box 419205, Kansas City, MO 64141-6205, telephone
(816)926-7730. SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget
(OMB)has determined that this rule is non significant for the purposes of Executive Order 12866 and, therefore, it has not been reviewed by OMB. Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563-0053 through November 30, 2007. Government Paperwork Elimination Act
(GPEA)Compliance FCIC is committed to compliance with the GPEA, which requires Government agencies, in general, to provide the public with the option of submitting information or transacting business electronically to the maximum extent possible. FCIC requires that all reinsured companies be in compliance with the Freedom to E-File Act and section 508 of the Rehabilitation Act. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Written agreement requirements for the Federal crop insurance program are the same for all producers regardless of the size of their operations. For instance, all producers requesting this type of written agreement must submit production history for at least the most recent three crop years in which the crop was planted during the base period, if they produced the crop for three years. If any producer has not produced the crop for three years, he or she may submit evidence of production history for a similar crop, or for a combination of production history for the crop and a similar crop, provided a total of three years of production history is provided. Whether a producer has 10 acres or 100 acres there is no difference in the kind of information required for requesting a written agreement. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this change helps ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background This rule finalizes proposed changes made to 7 CFR 457.165 (Millet Crop Insurance Provisions) that were published by FCIC on December 27, 2006, as a notice of proposed rulemaking in the **Federal Register** at 71 FR 77628-77629. The public was afforded 60 days to submit written comments and opinions. A total of 27 comments were received from three commenters. The commenters were an insurance service organization and two approved insurance providers. The comments received and FCIC's responses are as follows: *Comment:* A commenter stated they were in agreement with the Proposed Rule published by the Federal Crop Insurance Corporation that amends the Millet Crop Provisions. *Response:* FCIC thanks the commenter for their assistance in reviewing the Millet Proposed Rule. *Comment:* A few commenters agreed with the statement in the Background portion of the Proposed Rule that the proposed change will require a corresponding premium rate increase. One commenter stated the amount of this increase should correspond to the amount of the additional loss payments that will result. *Response:* As stated in the Background of the proposed rule, premium rates will be increased because the amount of indemnity paid may increase and the premium will be determined based on the anticipated losses for the revised policy and a reasonable reserve in accordance with section 508(d) of the Federal Crop Insurance Act. *Comment:* A few commenters stated the preamble of the current Crop Provisions indicates which policy provisions take preference if a conflict exists among policy provisions. This has been removed from the Crop Provisions that have recently been published in the **Federal Register** as this is covered in the Basic Provisions. There was no indication in the proposed rule if this will remain unchanged or will be removed. The commenters recommended that it be removed. *Response:* FCIC has removed the provisions regarding document priority because these provisions are now contained in the Basic Provisions. *Comment:* A few commenters recommended FCIC consider deleting the repetitive phrases in the definition of “late planting period.” The commenters recommended deleting the phrases “of ‘Late planting period’ contained” and “late planting period is defined as” from the definition. *Response:* FCIC has modified the definition accordingly. *Comment:* A few commenters recommended FCIC consider either deleting the comma after “including” or adding a matching comma after the subsequent phrase [”including, but not limited to * * *”] in the definition of “local market price.” *Response:* FCIC has modified the definition accordingly. *Comment:* A few commenters recommended FCIC consider deleting the repetitive phrases in the definition of “planted acreage.” The commenters recommended deleting the phrases “of ‘Planted acreage’ contained” and “not contained in the definition of ‘planted acreage’ ” from the definition. *Response:* FCIC has modified the definition accordingly. *Comment:* A few commenters stated references to “windrow[ing]” have been removed in this Proposed Rule in section 7(a) &
(b)except for in the definitions of “swathed” and “windrow.” The commenters asked FCIC to consider deleting the definition of “windrow” and revising the definition of “swathed” to refer to “* * * and placing into a row.” *Response:* FCIC has removed the definition of windrow and revised the definition of “swathed” accordingly. *Comment:* A few commenters stated in section 7 it is unclear if the deletion of “the” in “* * * end of insurance period * * *” is intentional (it is kept in the references in the Background portion of the Proposed Rule). *Response:* FCIC did not intentionally delete the word “the” in the phrase “* * * end of insurance period * * *” FCIC has revised the provision in section 7 to state “* * * end of the insurance period * * *” *Comment:* A few commenters stated the explanation in the Background portion of the Proposed Rule indicates the date changes for the end of the insurance period in sections 7(a) and
(b)are due to the elimination of separate dates depending on whether or not the acreage was swathed and windrowed but does not provide any reason why the proposed dates are often two weeks to a month later than the earlier of the current dates. The commenters asked if they can assume the loss history supports these later dates. One commenter asked why the proposed dates were changed for Wyoming (“WY”) and “all other states.” 2003 crop provisions Proposed rule ND, SD Sept. 15 or Oct. 10 Oct. 10. WY Sept. 30 or Oct. 15 Oct. 10. All other states Sept. 30 or Oct. 15 Oct. 31. *Response:* Only one date, rather than dual dates, is necessary for the end of the insurance period for each group of states because of the removal of the provision that reduced the indemnity of the acreage that was not swathed or harvested. The Risk Management Agency Regional Offices reviewed the end of the insurance period dates and recommended the proposed changes to the end of insurance period dates to more accurately reflect actual harvesting dates for millet. *Comment:* A few commenters recommended the insured cause of loss in section 8(b) be clarified as “Fire, due to natural causes” (or “Fire, if caused by lightning”, as in the proposed revision to the Tobacco Crop Provisions). *Response:* This change is not necessary because the Act requires all causes of loss to be natural causes, not just fire. Specifically referring to natural disasters with respect to fire but not the other causes of loss could create the impression that other such causes could be something other than from natural causes. Further, section 12 of the Basic Provisions specifically refers to “unavoidable” causes of loss due to “naturally occurring events”. No change has been made. *Comment:* A few commenters recommended adding hyphens in “1,500-bushel guarantee” and “800-bushel production to count” in steps
(1)&
(2)of the Example in section 10. *Response:* The recommended change does not clarify the provision and such change would be inconsistent with other applicable Crop Provisions where no hyphen is used between the applicable number and the term “bushel.” No change has been made. *Comment:* A few commenters stated in section 10(d)(4)(iv) it appears the parenthetical phrase should refer to plural “* * * (the moisture-adjusted gross bushels, if appropriate) * * *” *Response:* FCIC has revised section 10(d)(4)(iv) accordingly. *Comment:* A few commenters stated they are in agreement with the proposal to eliminate section 10(f) provided the premium rates are increased accordingly to account for the increased losses that will result. *Response:* As stated above, premium rates will be based on the anticipated losses under the revised Millet Crop Provisions. *Comment:* A few commenters recommended eliminating the option to increase prevented planting coverage levels (in the second sentence) of section 12, as well as reviewing the amount that is being paid for prevented planting purposes. *Response:* FCIC cannot incorporate the commenters' recommendations of eliminating the option to increase prevented planting coverage levels in the final rule since the recommended change was not proposed, the recommended change is substantive in nature, and the public was not provided an opportunity to comment on the recommended change. List of Subjects in 7 CFR Part 457 Crop insurance, Millet, Reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 the Common Crop Insurance Regulations, for the 2008 and succeeding crop years, as follows: PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: Authority: 7 U.S.C. 1506(l), 1506(p). 2. In § 457.165 make the following amendments: a. Revise the introductory text. b. Remove the paragraph immediately preceding section 1 which refers to the order of priority in the event of conflict. c. Amend section 1 of § 457.165 by removing the definition of “windrow;” revising the definitions of “late planting period” and “planted acreage;” amending the definition of “local market price” by adding a comma after the phrase “but not limited to;” and amending the definition of “swathed” by removing the term “windrow” and adding the term “row” in its place. d. Revise section 7 of § 457.165. e. Revise section 8(h) of § 457.165. f. Amend section 10(b)(4) of § 457.165 by removing the phrase “and any adjustment from section 10(f).” g. Amend paragraph
(2)of the example in section 10(b) of § 457.165 by removing the phrases “1,500 bushels” and adding the phrase “1,500 bushel” in its place. h. Amend paragraph
(3)of the example in section 10(b) of § 457.165 by removing the phrase “700 bushel” and adding the phrase “700 bushels” in its place. i. Amend section 10(d)(4)(iii) of § 457.165 by removing the semicolon at the end of the current text and adding a period in its place. j. Amend section 10(d)(4)(iv) by removing the phrase “gross bushel” and adding the phrase “gross bushels” in its place. k. Remove section 10(f) of § 457.165. l. Amend section 11(a) of § 457.165 by adding the phrase “per day” after the phrase “One percent”. m. Amend section 11(b) of § 457.165 by adding the phrase “per day” after the phrase “Three percent”. n. Amend section 12 of § 457.165 by removing the phrase “an additional coverage level” and adding the phrase “additional levels of coverage” in its place. The revised text reads as follows: § 457.165 Millet crop insurance provisions. The millet crop insurance provisions for the 2008 and succeeding crop years are as follows: 1. Definitions. *Late planting period.* In lieu of the definition contained in the Basic Provisions, the period that begins the day after the final planting date for the insured crop and ends 20 days after the final planting date. *Planted acreage.* In addition to the definition contained in the Basic Provisions, land on which seed is initially spread onto the soil surface by any method and is subsequently mechanically incorporated into the soil in a timely manner and at the proper depth. Acreage planted in any manner not contained in this definition will not be insurable unless otherwise provided by the Special Provisions. 7. Insurance Period. In accordance with section 11 of the Basic Provisions, the calendar date for the end of the insurance period is the date immediately following planting (unless otherwise specified in the Special Provisions) as follows:
(a)October 10 for North Dakota, South Dakota, and Wyoming; and
(b)October 31 for all other states. 8. Causes of Loss.
(h)Failure of the irrigation water supply due to a cause of loss specified in sections 8(a) through
(g)that also occurs during the insurance period. Signed in Washington, DC, on August 9, 2007. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. E7-15954 Filed 8-22-07; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1430 RIN 0560-AH73 Milk Income Loss Contract Program AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule. SUMMARY: This rule amends the regulations for the Milk Income Loss Contract
(MILC)Program as authorized by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, to extend the payment calculation at 34 percent for the month of September 2007. DATES: *Effective Date:* August 22, 2007. FOR FURTHER INFORMATION CONTACT: Danielle Cooke, Special Programs Manager, Price Support Division, FSA/USDA, STOP 0512, 1400 Independence Ave., SW., Washington, DC 20250-0512; telephone
(202)720-1919; facsimile
(202)690-1536; e-mail: *Danielle.Cooke@wdc.usda.gov* . Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA Target Center at
(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background The Milk Income Loss Contract
(MILC)Program is administered by the Commodity Credit Corporation (CCC). The MILC Program compensates dairy producers when domestic milk prices fall below a specified level. In general, eligible dairy producers are those who commercially produce and market cow milk in the United States or produce milk in the United States and commercially market the milk outside the United States. The program began on December 1, 2001 and was extended to September 30, 2007. In 2006, applicable to the program extension, the signup and contract periods were both set to end on September 30, 2007. The 2006 amendment lowered the payment calculation percentage from 45 to 34; however, it only extended the payment calculation of 34 percent through August 31, 2007. It further specified that beginning on September 1, 2007, the payment calculation would be zero percent (0%). Recently, section 9006 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (2007 Emergency Supplemental) amended the authority for the MILC Program to extend the current payment calculation percentage of 34 percent to September 30, 2007. The MILC Program supports the dairy industry by providing direct counter-cyclical payments to milk producers when the Boston Milk Marketing Order Class I price for fluid milk falls below $16.94 per hundredweight (cwt). Each fiscal year, eligible dairy operations can receive a monthly payment based on the quantity of milk sold in that month, up to a maximum of 2.4 million pounds per dairy operation for the fiscal year. We determine the per hundredweight payment rate for the applicable month by subtracting the Boston Class I price for that month from the $16.94 baseline, and multiplying the difference by 34 percent. For example: • Boston Class I price announced in February 2006 = $16.63. • $16.94 − $16.63 = $0.31. • $0.31 × 34 percent = $0.1054000. • Therefore, the payment rate for February 2006 was $0.1054 per hundredweight. This rule amends 7 CFR part 1430 to increase the payment rate percentage during the month of September 2007. This makes the calculation percentage consistent for all months in fiscal years 2006 and 2007. MILC payments are based on the commercially-marketed milk production from the MILC production start month selected by the dairy operation, and continue with each subsequent month's commercial milk production until the earlier of the following: the dairy operation reaches the maximum payment quantity of 2.4 million pounds or the applicable fiscal year ends. If there is a payment rate in effect during the month of September 2007 and the dairy operation has received MILC payments on less than 2.4 million pounds of production for the 2007 fiscal year, payments will continue through September 2007. The dairy operation can change its production start month selection, with some limitations, to September 2007, as specified in 7 CFR 1430.205, Selection of Starting Month. New MILC producers entering into a MILC will be allowed to select, with some limitations, September 2007 as the production start month for their dairy operation. Those selections must be made in advance of the announcement of the Boston Class I milk price and establishment of the MILC payment rate for that month. Dairy operations that have exceeded their 2.4 million pound production limitation for the 2007 fiscal year will not receive a MILC payment for September 2007. Notice and Comment Section 1601(c) of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), also referred to as the 2002 Farm Bill, requires that the regulations necessary to implement Title I of the 2002 Act, including the MILC Program, are to be promulgated and administered without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971, (36 FR 13804) relating to notices of proposed rulemaking and public participation in rulemaking. This regulatory change of the MILC Program is therefore issued as final. Executive Order 12866 This final rule is not significant according to Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this rule because CCC is not required to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Environmental Review In accordance with the National Environmental Policy Act (42 U.S.C. 4321-4347) and the regulations in 40 CFR 1502.4 (Major Federal actions requiring the preparation of Environmental Impact Statements), 7 CFR part 799 (Environmental Quality and Related Environmental Concerns—Compliance with NEPA implementing the regulations of the Council on Environmental Quality), and 40 CFR parts 1500-1508, FSA has determined that this final rule will have no significant impacts upon the human environment. Therefore no environmental assessment or environmental impact statement will be prepared. Executive Order 12988 The final rule has been reviewed under Executive Order 12988. This rule preempts State laws that are inconsistent with its provisions. Before any judicial action may be brought regarding this rule, all administrative remedies must be exhausted. Executive Order 12372 This program is not subject to Executive Order 12372, which requires consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published in the **Federal Register** on June 24, 1983 (48 FR 29115). Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)does not apply to this rule because CCC is not required to publish a notice of proposed rulemaking about the subject matter of this rule. Further, this rule imposes no unfunded mandates, as define in UMRA, on any local, state, or tribal government or the private sector. Paperwork Reduction Act Section 1601(c) of the 2002 Farm Bill provides that the promulgation of regulations and the administration of Title I of the 2002 Farm Bill, including the MILC Program, be made without regard to chapter 5 of title 44 of the United States Code (the Paperwork Reduction Act). Accordingly, these regulations, the forms, and other information collection activities needed to administer the program authorized by these regulations are not subject to review by the Office of Management and Budget under the Paperwork Reduction Act. E-Government Act Compliance FSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Federal Assistance Programs The title and number of the Federal assistance program in the Catalog of Federal Domestic Assistance to which this final rule applies is 10.051—Commodity Loans and Loan Deficiency Payments. List of Subjects in 7 CFR Part 1430 Dairy products, Fraud, Loan programs—agriculture, Penalties, Price support programs, Reporting and recordkeeping requirements. For the reasons explained above, 7 CFR part 1430 is amended as set forth below. PART 1430—DAIRY PRODUCTS 1. Revise the authority citation for part 1430 to read as follows: Authority: 7 U.S.C. 7981 and 7982; 15 U.S.C. 714b and 714c; Pub. L. 108-324, 118 Stat. 1235; 16 U.S.C. 3801 note (Pub. L. 109-234, 120 Stat. 474); and Pub. L. 110-28, section 9006. Subpart B—Milk Income Loss Contract Program § 1430.208 [Amended] 2. Amend § 1430.208 as follows: a. In paragraph (b)(2), remove the words “August 31” and add, in their place, the words “September 30”; remove the words “; and” and add in their place a period; and b. Remove paragraph (b)(3). Signed in Washington, DC, on August 9, 2007. Glen L. Keppy, Executive Vice President, Commodity Credit Corporation. [FR Doc. E7-16713 Filed 8-22-07; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-27374; Airspace Docket No. 07-ANM-2] Establishment of Class E Airspace; Everett, WA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E surface airspace at Everett, WA. Controlled airspace is necessary to accommodate aircraft executing Special Visual Flight Rules
(SVFR)operations at Everett, Snohomish County Airport (Paine Field), Everett, WA. This will improve the safety of SVFR aircraft at the Everett, Snohomish County Airport. Additionally this action also corrects the geographic location of Everett, Snohomish County Airport. DATES: *Effective Date:* 0901 UTC, October 25, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, Western Service Area Office, System Support Group, 1601 Lind Avenue, SW., Renton, WA 98057; telephone
(425)917-6726. SUPPLEMENTARY INFORMATION: History On June 1, 2007, the FAA published in the **Federal Register** a notice of proposed rulemaking to establish Class E airspace at Everett, WA, (72 FR 30500). This action would improve the safety of SVFR aircraft at Everett, Snohomish County Airport (Paine Field), Everett, WA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Everett, WA. Additional controlled airspace is necessary to accommodate SVFR aircraft at Everett, Snohomish County Airport (Paine Field), Everett, WA. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006 is amended as follows: Paragraph 6002 Class E Airspace Areas Designated as a Surface Area. ANM WA E2 Everett, WA [New] Everett, Snohomish County Airport (Paine Field), WA (Lat. 47°54′23″ N., long. 122°16′53″ W.) That airspace extending upward from the surface to and including 3,100 feet MSL within a 4.5-mile radius of the Snohomish County Airport. This Class E airspace is effective when the tower is not in operation. The effective date and time will be continuously published in the Airport/Facility Directory. Issued in Seattle, Washington, on August 2, 2007. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E7-16403 Filed 8-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25788; Airspace Docket No. 06-ANM-9] Revision of Class E Airspace; Hoquiam, WA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will revise Class E airspace at Hoquiam, WA. Controlled airspace is necessary to accommodate aircraft using the Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedure
(SIAP)at Bowerman Airport. This will improve the safety of Instrument Flight Rules
(IFR)aircraft at the Bowerman Airport, Hoquiam, WA. DATES: *Effective Date:* 0901 UTC, October 25, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, Western Service Area Office, System Support Group, 1601 Lind Avenue, SW., Renton, WA 98057; telephone
(425)917-6726. SUPPLEMENTARY INFORMATION: History On June 1, 2007, the FAA published in the **Federal Register** a notice of proposed rulemaking to establish Class E airspace at Hoquiam, WA, (72 FR 30499). This action would improve the safety of IFR aircraft at Bowerman Airport, Hoquiam, WA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Hoquiam, WA. Additional controlled airspace is necessary to accommodate IFR aircraft at Bowerman Airport, Hoquiam, WA. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006 is amended as follows: Paragraph 6002 Class E Airspace Areas Designated as a Surface Area. ANM WA, E5 Hoquiam, WA [Revised] Bowerman Airport, WA (Lat. 46°58′16″ N., long. 123°56′12″ W.) Hoquiam VORTAC (Lat. 46°56′49″ N., long. 124°08′57″ W.) That airspace extending upward from 700 feet above the surface within a 4.0-mile radius of Bowerman Airport and within a 13-mile radius arc of the airport bounded on the north by a line 1.8 miles north of and parallel to the Hoquiam VORTAC 068° radial and on the south by a line 3 miles south of and parallel to the Hoquiam VORTAC 088° radial; that airspace extending upward from 1,200 feet above the surface beginning lat. 47°20′00″ N., long. 124 ° 40′00″ W.; thence to lat. 47°20′00″ N., long. 123°30′00″ W.; thence to lat. 46°30′00″ N., long. 123°30′00″ W.; thence to lat. 46°30′00″ N., long. 124°30′00″ W.; thence to lat. 47°00′00″ N., long. 124°39′00″ W.; thence to point of beginning. Issued in Seattle, Washington, on August 2, 2007. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E7-16490 Filed 8-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28022; Airspace Docket No. 07-ASO-7] Establishment of Class E Airspace; Centreville, AL; Correction AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Correcting amendment. SUMMARY: This document contains a correction to the final rule (FAA-2007-28022; 07-ASO-7), which was published in the **Federal Register** of July 11, 2007, (72 FR 37629), establishing Class E airspace at Centreville, AL. This action corrects an error in the legal description. DATES: *Effective Date:* Effective 0901 UTC, October 25, 2007. The Director of the **Federal Register** approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Mark D. Ward, Manager, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone
(404)305-5627. SUPPLEMENTARY INFORMATION: Background **Federal Register** Document 07-3345, Docket No. FAA-2007-28022; 07-ASO-7, published on July 11, 2007, (72 FR 37629), establishes Class E5 airspace at Centreville, AL. The geographical coordinates for the airport have changed since the document was published. In the legal description for the Class E5 airspace, the geographical coordinates, lat. 32°56′12″ N, long. 87°05′20″ W, have changed to lat. 32°56′13″ N, long. 87°05′26″ W. This action corrects this error. Designations for Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth are published in FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Need for Correction As published, the final rule contains an error in the legal description of the Class E5 airspace area. Accordingly, pursuant to the authority delegated to me, the legal description for the Class E5 airspace area at Centreville, AL, incorporated by reference at § 71.1, 14 CFR 71.1, and published in the **Federal Register** on July 11, 2007, (72 FR 37629), is corrected by making the following correcting amendment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). In consideration of the foregoing, the Federal Aviation Administration corrects the adopted amendment, 14 CFR part 71, by making the following correcting amendment: PART 71—[AMENDED] 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Corrected] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASO AL E5 Centreville, AL [New] Bibb County Airport, AL (Lat. 32°56′13″ N, long. 87°05′26″ W) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Bibb County Airport. On page 37629, column 3, line 3 of the legal description, correct the geographical coordinates from “lat. 32°56′12″ N, long. 87°05′20″ W” to “lat. 32°56′13″ N, long. 87°05′26″ W”. Issued in College Park, Georgia, on June 26, 2007. Barry A. Knight, Acting Manager, System Support Group. [FR Doc. 07-4108 Filed 8-22-07; 8:45 am]
Connectionstraces to 17
35 references not yet in our index
  • 5 CFR 3101
  • 5 CFR 2635
  • 5 CFR 3101.109
  • 5 CFR 3101.109(c)(1)
  • 5 CFR 3101.109(a)
  • 5 CFR 3101.109(c)(2)
  • 5 CFR 3101.109(c)(3)(i)
  • 5 CFR 3101.109(c)(3)(ii)
  • Pub. L. 108-198
  • 5 CFR 2635.403(a)
  • 5 CFR 3101.109(g)
  • 5 CFR 3101.109(c)
  • 5 CFR 3101.109(c)(3)(ii)(D)
  • 5 CFR 2635.502
  • 5 CFR 3101.109(c)(4)
  • 5 CFR 2635.105
  • 7 CFR 301
  • 7 CFR 301.53-1
  • 7 CFR 457
  • 7 CFR 3015
  • 7 CFR 11
  • 7 CFR 457.165
  • 7 CFR 1430
  • 7 CFR 1430.205
  • Pub. L. 107-171
  • 42 USC 4321-4347
  • 40 CFR 1502.4
  • 7 CFR 799
  • Pub. L. 108-324
  • 118 Stat. 1235
  • Pub. L. 109-234
  • 120 Stat. 474
  • Pub. L. 110-28
  • 14 CFR 71
  • 1 CFR 51
Citation graph
cites case law
Unknown
Final rule
U.S.C.§ 212
U.S.C.§ 213
U.S.C.§ 4809
U.S.C.§ 553
Fed. Reg.Notices
U.S.C.§ 301
U.S.C.§ 7214
Fed. Reg.Proposed Rules
U.S.C.§ 605
Cite5 CFR 3101
Cite5 CFR 2635
Cite5 CFR 3101.109
Cites 52 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.