Unknown. Final rule

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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-2007-09-04.xml --- 72 170 Tuesday, September 4, 2007 Contents Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 50682-50683 E7-17401 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 07-4293 50683-50684 07-4294 07-4295 Coast Guard Coast Guard NOTICES Meetings:

Towing Safety Advisory Committee, 50687 07-4319 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commission of Fine Commission of Fine Arts NOTICES Meetings, 50666 07-4304 Commodity Commodity Futures Trading Commission RULES Foreign futures and options transactions: Exemptions— Singapore Derivatives Trading Ltd., 50645-50647 E7-17195 Defense Defense Department See Defense Intelligence Agency See Defense Logistics Agency See Engineers Corps NOTICES Privacy Act; systems of records, 50666-50672 E7-17441 E7-17445 E7-17448 E7-17451 Defense Defense Intelligence Agency NOTICES Privacy Act; systems of records, 50672 E7-17450 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 50672-50674 E7-17447 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50674-50676 E7-17406 E7-17407 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:

Carryover Storage and San Vicente Dam Raise Project, San Diego, CA, 50674 E7-17439 EPA Environmental Protection Agency PROPOSED RULES Air pollutants, hazardous; national emission standards: Petroleum refineries; wastewater treatment systems and storage vessels; requirements, 50716-50742 E7-17009 Air quality implementation plans; approval and promulgation; various States: New Jersey, 50650-50652 E7-17411 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50679-50680 E7-17412 Privacy Act; systems of records, 50680-50681 E7-17410 FAA Federal Aviation Administration RULES Airworthiness standards:

Aircraft engine standards for engine life-limited parts, 50856-50861 E7-17369 Turbine aircraft engines; safety analysis, 50864-50868 E7-17372 PROPOSED RULES Airworthiness directives: Honeywell, 50648-50650 E7-17384 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 50688-50690 E7-17485 E7-17486 Disaster and emergency areas: Minnesota, 50690 E7-17480 E7-17481 Vermont, 50690-50691 E7-17484 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Texas Eastern Transmission, LP, 50676 E7-17250 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Washoe County, NV, 50712 07-4300 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad locomotive safety standards: Electronically controlled pneumatic brake systems, 50820-50853 07-4297 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 50681 E7-17390 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 50692-50693 E7-17421 E7-17434 Endangered and threatened species permit applications, determinations, etc., 50693-50694 E7-17420 E7-17429 Marine mammal permit applications, determinations, etc., 50694-50695 E7-17419 E7-17437 Forest Forest Service NOTICES Meetings:

Deschutes Provincial Advisory Committee, 50653 07-4299 Oregon Coast Provincial Advisory Committee, 50653 07-4301 Resource Advisory Committees— Madison-Beaverhead, 50653 07-4305 Siuslaw, 50653 07-4298 GAO Government Accountability Office RULES Public availability of records; congressional correspondence disclosure and interview records withholding; exemptions, 50643-50644 E7-17457 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions:

Various States, E7-17279 50654-50657 E7-17297 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Committees; establishment, renewal, termination, etc.: Interdisciplinary, Community-Based Linkages Advisory Committee, 50685 E7-17388 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings:

Data Privacy and Integrity Advisory Committee, 50686-50687 E7-17402 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Alaska Native/Native Hawaiian Institutions Assisting Communities Program, 50691 E7-17380 Tribal Colleges and Universities Program, 50691-50692 E7-17381 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 50712-50713 E7-17444 Meetings:

Art Advisory Panel, 50713 E7-17452 Senior Executive Service Performance Review Boards; membership, 50713-50714 E7-17449 International International Trade Administration NOTICES Antidumping: Honey from— Argentina, 50661-50662 E7-17462 Stainless steel bar from— Germany, 50662-50663 E7-17440 Stainless steel sheet and strip in coils from— Mexico, 50663 E7-17460 Antidumping and countervailing duties: Administrative review requests, 50657-50659 E7-17463 Five-year (sunset) reviews— Advance notification, 50659 E7-17442 Initiation of reviews, 50659-50661 E7-17455 Grants and cooperative agreements; availability, etc.:

China and India; U.S. Electronic Education Fairs, 50663-50664 E7-17416 International International Trade Commission NOTICES Import investigations: Carbon and alloy steel wire rod from— Various countries, 50696-50699 E7-17229 Off-the-road tires from— China, 50699 E7-17235 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50699-50700 E7-17387 Land Land Management Bureau NOTICES Meetings: Grand Staircase-Escalante National Monument Advisory Committee, 50695-50696 E7-17292 Resource management plans, etc.:

Coeur d’ Alene Field Office, ID, 50696 E7-17417 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 50700 07-4315 Millennium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 50700-50701 07-4333 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50701 E7-17453 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 50701-50703 E7-17394 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 50703 E7-17395 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 50788-50818 E7-17140 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 50664 E7-17405 Mid-Atlantic Fishery Management Council, 50664-50665 E7-17379 New England Fishery Management Council, 50665 E7-17378 North Pacific Fishery Management Council, 50666 E7-17377 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 50703-50704 E7-17400 Reports and guidance documents; availability, etc.:

Energy Department waste determinations; related activities, 50704-50705 E7-17399 Postal Postal Regulatory Commission PROPOSED RULES Practice and procedure: Market dominant and competitive postal products; rate regulation, 50744-50786 07-4269 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: NYSE Arca, Inc., 50705-50706 E7-17409 SBA Small Business Administration NOTICES Disaster loan areas: Minnesota, E7-17392 50707-50708 E7-17397 07-4307 North Carolina, 50708 E7-17393 Oklahoma, 50708 E7-17391 South Carolina, 50708-50709 E7-17389 South Dakota, 50709 E7-17396 Wisconsin, 50709-50710 E7-17398 *Applications, hearings, determinations, etc.:* Zero Stage Capital V, LP, 50707 07-4306 Social Social Security Administration NOTICES Meetings:

Ticket to Work and Work Incentives Advisory Panel, 50710 E7-17408 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50710-50711 E7-17426 Presidential permit applications: Webb County, TX and Colombia, Mexico; international rail bridge construction, 50711 E7-17435 Reports and guidance documents; availability, etc.: International Joint Commission; Lake Ontario-St. Lawrence River; water levels and flows regulation; approval order decision, 50711 E7-17431 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50685-50686 E7-17386 Thrift Thrift Supervision Office RULES Savings and loan holding companies; prohibited service Temporary exemption; expiration date extended, 50644-50645 E7-17459 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Western Western Area Power Administration NOTICES Power rates:

Boulder Canyon Project, 50676-50679 E7-17404 Separate Parts In This Issue Part II Environmental Protection Agency, 50716-50742 E7-17009 Part III Postal Regulatory Commission, 50744-50786 07-4269 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 50788-50818 E7-17140 Part V Transportation Department, Federal Railroad Administration, 50820-50853 07-4297 Part VI Transportation Department, Federal Aviation Administration, 50856-50861 E7-17369 Part VII Transportation Department, Federal Aviation Administration, 50864-50868 E7-17372 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. 72 170 Tuesday, September 4, 2007 Rules and Regulations GOVERNMENT ACCOUNTABILITY OFFICE 4 CFR Part 81 Public Availability of Government Accountability Office Records AGENCY: Government Accountability Office. ACTION: Final rule.

SUMMARY: GAO amends its records rule to clarify and broaden the existing exemption regarding the disclosure of congressional correspondence and to add a new provision regarding the handling of requests for records of interviews created by GAO in connection with its work. Specifically, the revision to the congressional correspondence exemption enables GAO to release or withhold congressional correspondence without prior congressional authorization. The new provision ensures that an agency from which an interview was obtained is notified of a request for the record of interview and receives an opportunity to advise GAO whether the record of interview or portions thereof should be exempt from disclosure.

The new provision will enhance the open, frank, and honest exchange of information from other agencies, nonfederal organizations, and individuals to GAO during the course of a GAO audit, evaluation, or investigation. EFFECTIVE DATE: October 4, 2007. FOR FURTHER INFORMATION CONTACT: John A. Bielec, Deputy Assistant General Counsel; telephone 202-512-2846; e-mail *bielecj@gao.gov.* SUPPLEMENTARY INFORMATION: On September 18, 2006, GAO published a proposed rule in the **Federal Register** proposing two revisions to 4 CFR Part 81.6 and requesting comments (71 FR 54597).

Even though, as a legislative branch agency, GAO is not subject to the Administrative Procedures Act and was not required by law to seek comments before issuing a final rule, GAO requested comments concerning its proposed revisions for a 45-day comment period ending November 2, 2006. Two comments were received during the comment period. The first commenter objected to any change that would lessen the transparency of governmental actions. The second commenter opposed the creation of the additional exemption regarding records of interviews on the grounds that the new exemption is overly broad and could appear arbitrary and capricious.

After careful review and consideration of the comments, GAO decided that no changes were needed to the proposed revision regarding congressional correspondence. With respect to the new provision in § 81.6 concerning records of interviews, GAO took into account the comment regarding the regulation appearing overly broad and added language to clarify the procedures to be followed when a request for records of interviews is made. Moreover, for the sake of clarity and transparency, GAO determined that this new provision should be placed in 4 CFR 81.5 rather than in § 81.6 since § 81.5 specifically relates to records obtained or created in the course of GAO's audit, evaluation, or investigative work.

As previously stated in the proposed rule, the revision to § 81.6(a) simply clarifies that GAO is not required to obtain congressional authorization prior to the release or withholding of congressional correspondence from its records. This revision ensures consistency in the handling of records that contain information regarding the communications between GAO and congressional members. It will not result in additional restrictions on the availability of such records. The amendment to § 81.5 ensures that an agency from which an interview was obtained is given notice of the request for the record of interview and given an opportunity to advise GAO whether the record of interview or portions thereof should be exempt from disclosure.

While a record of interview is a GAO-created record, the information contained therein comes directly from another agency. The agency from which an interview was obtained is in the best position to know whether particular information contained in a record of interview may be sensitive or privileged, and therefore, whether it should be protected from public disclosure. Although the amendment to § 81.5 provides an opportunity for input from another agency, the sole discretion regarding the release of records of interviews or portions thereof remains with GAO's Chief Quality Officer.

In deciding whether to release a record of interview, the new provision makes clear that the Chief Quality Officer will consider the views of the agency from which the interview was obtained and the exemptions contained in § 81.6 or any other law or regulation. While the amendment may restrict the availability of certain records of interviews, as discussed in the proposed rule, the success of GAO's work requires that employees of other agencies and organizations participate in interviews and provide open, frank, and honest opinions during these interviews.

Without the amendment to § 81.5, GAO's ability to conduct necessary interviews could be diminished, which could negatively influence the quality of work GAO performs for Congress on behalf of the American people. List of Subjects in 4 CFR Part 81 Administrative practice and procedure, Archives and records, Freedom of information. For the reasons stated in the preamble, amend part 81 of title 4 of the Code of Federal Regulations as follows: PART 81—PUBLIC AVAILABILITY OF GOVERNMENT ACCOUNTABILITY OFFICE RECORDS 1.

The authority citation for part 81 continues to read: Authority: 31 U.S.C. 711. 2. In § 81.5, revise the section heading, redesignate paragraph

(b)as paragraph (c), and add new paragraph

(b)to read as follows: § 81.5 Records originating outside GAO, records of interviews, or records involving work in progress.

(b)It is the policy of GAO that prior to the release of a record of interview created by GAO in connection with an audit, evaluation, or investigation of a program, activity, or funding of a government entity, GAO will notify the agency from which an interview was obtained of the request. GAO will provide that agency with a reasonable opportunity to indicate whether the record of interview or portions thereof should be exempt from disclosure and the reason(s) for the exemption. The public disclosure of a record of interview remains within the discretion of GAO's Chief Quality Officer, but GAO will consider the views of the agency and the exemptions provided for under § 81.6 or any other law or regulation in deciding whether to release all or portions of a record of interview. 3. In § 81.6, revise paragraph

(a)to read as follows: § 81.6 Records which may be exempt from disclosure.

(a)Records relating to work performed in response to a congressional request (unless authorized by the congressional requester), congressional correspondence, and congressional contact memoranda. Dated: August 27, 2007. Gary L. Kepplinger, General Counsel, Government Accountability Office. [FR Doc. E7-17457 Filed 8-31-07; 8:45 am] BILLING CODE 1610-02-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 585 [OTS-2007-0008] RIN 1550-AC14 Prohibited Service at Savings and Loan Holding Companies Extension of Expiration Date of Temporary Exemption AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Final rule. SUMMARY: OTS is amending its rules implementing section 19(e) of the Federal Deposit Insurance Act (FDIA), which prohibits any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering (or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense) from holding certain positions with respect to a savings and loan holding company (SLHC). Specifically, OTS is extending the expiration date of a temporary exemption granted to persons who held positions with respect to a SLHC as of the date of the enactment of section 19(e). The revised expiration date for the temporary exemption is March 1, 2008. DATES: *Effective Date:* The final rule is effective on September 4, 2007. FOR FURTHER INFORMATION CONTACT: Donna Deale, Director, Holding Companies and Affiliates, Supervision Policy,

(202)906-7488, or Karen Osterloh, Special Counsel, Regulations and Legislation,

(202)906-6639, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: On May 8, 2007, OTS published an interim final rule adding 12 CFR part 585. This new part implemented section 19(e) of the FDIA, which prohibits any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering (or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense) from holding certain positions with a SLHC. Section 19(e) also authorizes the Director of OTS to provide exemptions from the prohibitions, by regulation or order, if the exemption is consistent with the purposes of the statute. The interim final rule described the actions that are prohibited under the statute and prescribed procedures for applying for an OTS order granting a case-by-case exemption from the prohibition. The rule also provided regulatory exemptions to the prohibitions, including a temporary exemption for persons who held positions with respect to a SLHC on October 13, 2006, the date of enactment of section 19(e). This temporary exemption expires on September 5, 2007, unless a case-by-case exemption is filed prior to that expiration date. OTS found that the temporary exemption was needed to ensure that the new prohibition did not needlessly disrupt SLHC operations by requiring the immediate termination of existing relationships. OTS designed this exemption to ensure that SLHCs would have sufficient time to determine which persons have convictions or pre-trial diversions involving the described criminal offenses, and to provide a meaningful opportunity for the SLHC or the prohibited person to demonstrate that the person's continued relationship with the SLHC is consistent with the purposes of the statute. Since the publication of the interim final rule, some SLHCs have contacted OTS to indicate that they have not had adequate time to review all of their existing relationships and file for appropriate permanent exemptions. To avoid needless disruptions of these SLHC operations, OTS is extending the expiration date of the temporary exemption to March 1, 2008. OTS has concluded that this extension of the exemption is consistent with the purposes of section 19(e) of the FDIA. 1 1 OTS is continuing to review the public comments submitted on the interim final rule and plans to publish a final rule addressing these comments later this year. Regulatory Findings Notice and Comment and Effective Date For the reasons set out in the interim final rule, 2 OTS has concluded that: Notice and comment on this extension are unnecessary and contrary to the public interest under section 552(b)(B) of the Administrative Procedure Act; there is good cause for making the extension effective immediately under section 553(d) of the APA; and the delayed effective date requirements of section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (CDRIA) do not apply. 2 72 FR at 25953. Regulatory Flexibility Act For the reasons stated in the interim final rule, 3 OTS has concluded that this extension does not require an initial regulatory flexibility analysis under the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), and that this extension should not have a significant impact on a substantial number of small entities, as defined in the RFA. 3 72 FR at 25953-25954. Paperwork Reduction Act OTS has determined that this extension does not involve a change to collections of information previously approved under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) Unfunded Mandates Act of 1995 For the reasons stated in the interim final rule, 4 OTS has determined that this extension will not result in expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of more than $100 million in any one year. 4 72 FR at 25954. Executive Order 12866 OTS has determined that this extension is not a significant regulatory action under Executive Order 12866. Plain Language Section 722 of the Gramm-Leach-Bliley Act (12 U.S.C. 4809) requires the Agencies to use “plain language” in all final rules published after January 1, 2000. OTS believes that the final rule containing the extension is presented in a clear and straightforward manner. List of Subjects in 12 CFR Part 585 Administrative practice and procedure, Holding companies, reporting and recordkeeping requirements, savings associations. Authority and Issuance For the reasons in the preamble, OTS is amending part 585 of chapter V of title 12 of the Code of Federal Regulations as set forth below: PART 585—PROHIBITED SERVICE AT SAVINGS AND LOAN HOLDING COMPANIES 1. The authority citation for 12 CFR part 585 continues to read as follows: Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, and 1829(e). 2. Revise § 585.100(b)(2) introductory text to read as follows: § 585.100 Who is exempt from the prohibition under this part?

(b)*Temporary exemption* . * * *

(2)This exemption expires on March 1, 2008, unless the savings and loan holding company or the person files an application seeking a case-by-case exemption for the person under § 585.110 by that date. If the savings and loan holding company or the person files such an application, the temporary exemption expires on: Dated: August 28, 2007. By the Office of Thrift Supervision. John M. Reich, Director. [FR Doc. E7-17459 Filed 8-31-07; 8:45 am] BILLING CODE 6720-01-P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 30 Foreign Futures and Options Transactions AGENCY: Commodity Futures Trading Commission. ACTION: Amended Supplemental Order for Expanded Relief. SUMMARY: The Commodity Futures Trading Commission (“Commission”) is issuing an Amended Supplemental Order authorizing members of Singapore Derivatives Trading Ltd (“SGX”), formerly known as Singapore International Monetary Exchange Ltd (“SIMEX”), to solicit and accept orders from U.S. customers for otherwise permitted transactions on all non-U.S. exchanges where such members are authorized by the laws of Singapore to conduct futures business for customers. The Amended Supplemental Order is issued pursuant to Commission Regulation 30.10, which permits the Commission to grant an exemption from certain provisions of Part 30 of the Commission's regulations, and supersedes the Commission's prior Supplemental Order dated September 9, 1999. EFFECTIVE DATE: September 4, 2007. FOR FURTHER INFORMATION CONTACT: Lawrence B. Patent, Deputy Director, or Andrew Chapin, Special Counsel, Division of Clearing and Intermediary Oversight, at

(202)418-5430, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Electronic mail: *lpatent@cftc.gov* or *achapin@cftc.gov* . SUPPLEMENTARY INFORMATION: The Commission has issued the following Order: Amended Supplemental Order Granting Expanded Relief Pursuant to Commission Regulation 30.10 for Otherwise Permitted Transactions on All Non-U.S. Exchanges Where Firms Designated by the Singapore Derivatives Trading Ltd Are Authorized by Exchange Regulations To Conduct Futures Business for Customers, Subject to Certain Conditions On December 30, 1988, the Commission issued an Order granting relief under Regulation 30.10 authorizing designated members of SGX to solicit and accept orders from customers located in the U.S. for otherwise permitted transactions on the Exchange. 1 On September 9, 1999, the Commission issued a Supplemental Order expanding the relief to include otherwise permitted transactions on Eurex Deutschland. 2 By letter dated November 30, 2006, SEL petitioned the Commission on behalf of SGX to amend the Supplemental Order to permit members designated by SGX to solicit and accept orders from foreign futures and options customers 3 for otherwise permitted transactions on all non-U.S. exchanges 4 where Exchange Members are authorized by Singapore law to conduct futures and options business for customers, subject to SGX and SGX Members' continued compliance with the terms of the Original Order and with certain specified conditions. 5 1 54 FR 806 (January 10, 1989) (“Original Order”). 2 64 FR 50248 (September 16, 1999) (“Supplemental Order”). In December 1999, SIMEX merged with the Stock Exchange of Singapore to form a holding company named the Singapore Exchange Limited (“SEL”). SIMEX was renamed SGX and currently operates two exchanges as a wholly-owned subsidiary of SEL. The first market, called SGX-DT, is dedicated to trading financial futures and option contracts. The second market, called JADE, is the result of a joint venture with the Chicago Board of Trade, Inc., to trade commodity futures and option contracts. 3 The term “foreign futures or foreign options customer” means any person located in the U.S., its territories or possessions, who trades in foreign futures or foreign options. 4 The term “non-U.S. exchange” refers to a foreign board of trade which is defined in Commission Regulation 1.3(ss), 17 CFR 1.3(ss) as: Any board of trade, exchange or market located outside the United States, its territories or possessions, whether incorporated or unincorporated, where foreign futures or foreign options transactions are entered into. Thus, contracts that are traded on a market that has been designated as a contract market pursuant to section 5 of the Commodity Exchange Act (“Act”) are not within the scope of this Order. 5 Letter dated November 30, 2006, from Arul Ramiah, Head, Regulatory Policy for SEL, to Ananda K. Radhakrishnan, Director, Division of Clearing and Intermediary Oversight. On occasion, the Commission has issued Regulation 30.10 orders and/or supplemental orders that permitted members of an exchange with confirmation of Regulation 30.10 relief to trade on behalf of U.S. customers on other authorized or designated exchanges outside the jurisdiction of the Regulation 30.10 recipient. 6 To ensure that U.S. customers receive adequate protection for transactions intermediated by non-U.S. persons on or subject to the rules of a foreign exchange located outside the jurisdiction of a Regulation 30.10 recipient, the Commission requires the jurisdiction to which the Regulation 30.10 order is directed to demonstrate that such transactions will be regulated as if they were executed on an exchange located within the recipient's jurisdiction. 7 To make this demonstration, the Regulation 30.10 recipient must:

(1)Prohibit its regulatees or members from intermediating otherwise permitted transactions for U.S. customers on unapproved foreign exchanges as set forth under local law, and must specify which exchanges are authorized by local law;

(2)represent that regulatees or member firms with U.S. customers will comply with all the terms and conditions of the original Regulation 30.10 Order with respect to transactions entered into on or subject to the rules of a foreign exchange located outside its jurisdiction; and

(3)confirm that it has the authority and the ability to enforce its laws, rules and/or regulations with respect to those transactions to the same extent that it conducts such activities on an exchange located within its jurisdiction. The Regulation 30.10 recipient also should specify in its application if there does not exist a specific statute or regulation setting forth a list of authorized or recognized exchanges. 8 6 *See, e.g.* , 71 FR 40395 (July 17, 2006) (authorizing members of the Sydney Futures Exchange (“SFE”) to solicit and accept orders from U.S. customers for otherwise permitted transactions on all non-U.S. and non-Australian exchanges where such members are authorized by the regulations of the SFE to conduct futures business for customers). 7 64 FR at 50251. 8 *Id* . at n.20. *See, e.g.* , 67 FR 30785 (May 8, 2002) (authorizing members of Eurex Deutschland (“Eurex”) to solicit and accept orders from U.S. customers for otherwise permitted transactions on all non-U.S. exchanges where such members are authorized by Eurex regulations and German law to conduct futures business for customers). Upon due consideration, the Commission has determined to issue this Amended Supplemental Order permitting SGX Members to which Regulation 30.10 relief has been confirmed by the Commission or by the National Futures Association (“NFA”) to solicit and to accept orders from U.S. customers for otherwise permitted transactions in commodity futures and commodity options (including options on futures) on or subject to the rules of any non-U.S. exchange where such members are authorized by the laws of Singapore to conduct futures business for customers. The expanded Regulation 30.10 relief provided under this Amended Supplemental Order, however, is contingent on the SGX members' continued compliance with the Original Order, and the SGX's and SGX Members' compliance with the following conditions:

(1)SGX will carry out its compliance, surveillance and rule enforcement activities with respect to solicitations and acceptance of orders by designated Exchange Members of U.S. customers for futures and options business on all non-U.S. exchanges where such members are authorized by the laws of Singapore to conduct futures business for customers to the same extent that it conducts such activities in regard to SGX business;

(2)SGX will cooperate with the Commission with respect to any inquiries concerning any activity which is the subject of this Amended Supplemental Order, including sharing the information specified in Appendix A to the Part 30 regulations, 17 CFR Part 30, on an “as needed basis,” on the same basis as set forth in the Original Order;

(3)Each SGX Member firm confirmed for relief under the Original Order seeking to engage in activities that are the subject of this Amended Supplemental Order must agree to provide the books and records related to such activities required to be maintained under the applicable SGX rules and laws in effect in Singapore on the same basis as set forth in the Original Order;

(4)SGX members who apply for confirmation of Regulation 30.10 relief with the National Futures Association must provide and maintain a list of the foreign exchanges where they intend to engage in transactions on behalf of U.S. customers pursuant to relief granted by this Amended Supplemental Order and must agree to abide by the terms and conditions of the Original Order; and

(5)SGX will continue to comply with the terms of the Original Order with respect to transactions effected for U.S. customers on SGX. As set forth in the Commission's September 11, 1997 Order delegating to NFA certain responsibilities, the written representations set forth above shall be filed with NFA. 9 Specifically, SGX Members applying for confirmation of Regulation 30.10 relief subsequent to the issuance of this Amended Supplementary Order must submit representations to NFA consistent with condition

(3)of this Order, and the list of foreign exchanges required by condition (4), as well as representations required by the Original Order. SGX Member firms that currently operate under the Original Order will be deemed to have consented to condition

(3)by effecting transactions pursuant to this Amended Supplemental Order. Each firm seeking relief hereunder has an ongoing obligation to notify NFA should there be a material change to any of the representations required in the firm's application for relief, including any change in the list of foreign exchanges referred to in condition (4). 9 62 FR 47792, 47793 (September 11, 1997). The expanded Regulation 30.10 relief provided by this Amended Supplemental Order remains subject to the existing product restrictions under the Act and Commission regulations thereunder including those related to stock indices, foreign government debt and foreign security futures products. 10 The expanded Regulation 30.10 relief provided under this Amended Supplemental Order also is contingent upon the continued compliance by the Monetary Authority of Singapore (“MAS”) with the terms and conditions of the information sharing arrangement with the Commission regarding the Regulation 30.10 activities of the SGX members. 11 10 *See, e.g.* , Sections 2(a)(1)(C),

(D)and

(E)of the Act. 11 Letter from Neo Boon Sim, Head, Market and Clearing Houses Division, MAS, to Ananda K. Radhakrishnan, Director, Division of Clearing and Intermediary Oversight, dated June 11, 2007. The Commission signed a bilateral Memorandum of Understanding (“MOU”) with MAS on May 16, 2000 concerning Consultation, Co-operation and the Exchange of Information (concluded jointly with the U.S. Securities and Exchange Commission). In addition, MAS also is a signatory to the IOSCO Multilateral MOU. This Amended Supplemental Order is issued based on the information provided to the Commission and its staff. Any changes or material omissions may require the Commission to reconsider the authorization granted in this Amended Supplemental Order. List of Subjects in 17 CFR Part 30 Commodity Futures, Commodity Options, Foreign Futures and Options. Accordingly, 17 CFR part 30 is amended as set forth below: PART 30—FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS 1. The authority citation for part 30 continues to read as follows: Authority: 7 U.S.C. 1a, 2, 4, 6, 6c and 12a, unless otherwise noted. Appendix C to Part 30—Foreign Petitioners Granted Relief From the Application of Certain of the Part 30 Rules Pursuant to § 30.10 2. The citation “Firms designated by the Singapore International Monetary Exchange Limited” is to be revised as follows: Firms designated by the Singapore Derivatives Trading Limited. FR date and citation: [insert date of this release], 72 FR [insert number of page on which this release begins]. 3. The following citations are to be added: Firms designated by the Taiwan Futures Exchange. FR date and citation: March 28, 2007, 72 FR 14413. Firms designated by the Tokyo Commodity Exchange. FR date and citation: February 9, 2006, 71 FR 6759. Firms designated by the Bolsa de Mercadorias & Futuros. FR date and citation: July 8, 2002, 67 FR 45056. Firms designated by Eurex Deutschland. FR date and citation: May 8, 2002, 67 FR 30785. Issued in Washington, DC on August 24, 2007. David Stawick, Secretary of the Commission. [FR Doc. E7-17195 Filed 8-31-07; 8:45 am] BILLING CODE 6351-01-P 72 170 Tuesday, September 4, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27891; Directorate Identifier 2007-NE-14-AD] RIN 2120-AA64 Airworthiness Directives; Honeywell International Inc. TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for Honeywell International Inc. (Honeywell) TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines. This proposed AD would require removal from service of certain high pressure

(HP)turbine rotor assemblies with part numbers (P/Ns) 3075772-1 and 3060841-1 using a drawdown schedule, and returning them to Honeywell for curvic root radius inspection. This proposed AD results from the manufacturer's report that some HP turbine rotor discs received improperly machined radii in the root of the forward and aft curvic teeth during manufacture. We are proposing this AD to prevent uncontained failure of the HP turbine rotor assembly and damage to the airplane. DATES: We must receive any comments on this proposed AD by November 5, 2007. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*

(202)493-2251. • You can get the service information identified in this proposed AD from Honeywell Technical Publications and Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; telephone:

(602)365-2493 (General Aviation),

(602)365-5535 (Commercial Aviation), fax:

(602)365-5577 (General Aviation and Commercial Aviation). • Also, for technical support regarding the curvic root dimensional inspection criteria, contact the Technical Operations Center: telephone:

(800)601-3099 (U.S.) or

(602)365-3099 (International) and press option #9; e-mail: *AeroTechSupport@Honeywell.com;* or fax:

(602)365-3343. You may examine the comments on this proposed AD in the AD docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail: *joseph.costa@faa.gov;* telephone:

(562)627-5246; fax:

(562)627-5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-27891; Directorate Identifier 2007-NE-14-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the DOT Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion In June of 2006, we became aware of a manufacturing audit that found that some HP turbine rotor discs, part numbers (P/Ns) 3075772-1 and 3060841-1, received improperly machined radii in the root of the forward and aft curvic teeth. We have determined that the improperly machined radii will cause a higher stress in the curvic area of the HP turbine rotor disc than originally calculated. Although no reports of cracked HP turbine rotor discs due to improperly machined radii have been received, this higher stress reduces the calculated low-cycle-fatigue life limit, to below the current published life limit. This condition, if not corrected, could result in uncontained failure of the HP turbine rotor assembly and damage to the airplane. Honeywell established a serial number list of suspect HP turbine rotor discs possibly having the improperly machined radii. This proposed AD would require operators to send suspect HP turbine rotor discs to Honeywell for curvic root inspection before the discs are eligible for reinstallation in an engine. Since the dimensional inspection requires proprietary tooling and methods, Honeywell is specified as the sole provider of the curvic root inspections. Other repair or maintenance facilities that believe they are capable of conducting the inspection may apply for an alternative method of compliance

(AMOC)in accordance with the AMOC paragraph in the proposed AD. Relevant Service Information We have reviewed and approved the technical contents of Honeywell Alert Service Bulletin No. TFE731-A72-5185, dated July 5, 2006, and Service Bulletin No. TFE731-72-3720, dated July 5, 2006. These service bulletins contain the serial numbers of suspect HP turbine rotor discs, and describe procedures for removing the suspect HP turbine rotor assemblies from service. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would require removal of certain HP turbine rotor assemblies from service using a drawdown schedule and returning them to Honeywell Engines, Systems, and Services for curvic root radius inspection. The proposed AD would require you to use the service information described previously to identify suspect HP turbine rotor discs by serial number. Costs of Compliance We estimate that this proposed AD would affect 400 HP turbine rotor discs installed in TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines, and 170 HP turbine rotor discs installed in TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R series turbofan engines, installed in airplanes of U.S. registry. We also estimate that it would take about 42 work-hours per engine to perform the proposed actions at an unscheduled removal, and about 2 work-hours at a scheduled removal. The average labor rate is $80 per work-hour. Required parts would cost about $46,535 per engine. We estimate that 50 percent of the HP turbine rotor discs will fail the curvic root radius inspection. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $13,490,000. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **Honeywell International Inc. (formerly AlliedSignal Inc. and Garrett Turbine Engine Co.):** Docket No. FAA-2007-27891; Directorate Identifier 2007-NE-14-AD. Comments Due Date

(a)The Federal Aviation Administration

(FAA)must receive comments on this airworthiness directive

(AD)action by November 5, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Honeywell International Inc. (Honeywell) TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines with certain high pressure

(HP)turbine rotor discs part numbers and serial numbers. These engines are installed on, but not limited to, the following airplanes: Avions Marcel Dassault Mystere-Falcon 10 and 50 Series Cessna Model 650; Citations III, VI, and VII Dassault-Aviation 20, 50, 50EX, 900, MF900, and 900EX (900DX) Series Gulfstream Aerospace LP (formerly IAI) 1125 Westwind Astra, Astra SPX, Gulfstream 100 Series Israel Aircraft Industries

(IAI)1124 Series (Westwind 1124) Learjet 31, 35, 36, 45 (or Learjet 40), and 55 Series Lockheed-Georgia 3329-25 Series (731 Jetstar, Jetstar II) Raytheon Corporate Jets (formerly British Aerospace) Hawker 800 and 850 Series Sabreliner NA-265-65 (Sabreliner 65) Unsafe Condition

(d)This AD results from a report that some HP turbine rotor discs received improperly machined radii in the root of the forward and aft curvic teeth during manufacture. We are issuing this AD to prevent uncontained failure of the HP turbine rotor assembly and damage to the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R Series Turbofan Engines

(f)For TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R series turbofan engines, remove HP turbine rotor assemblies from service containing HP turbine rotor discs, part number (P/N) 3075772-1, having any serial number

(SN)in Table 1 of Honeywell Service Bulletin

(SB)No. TFE731-72-3720, dated July 5, 2006. Use the following drawdown schedule:

(1)For HP turbine discs with 4,200 cycles-since-new

(CSN)or more on the effective date of this AD, remove HP turbine rotor assemblies within 100 cycles-in-service

(CIS)after the effective date of this AD.

(2)For HP turbine discs with fewer than 4,200 CSN on the effective date of this AD, remove HP turbine rotor assemblies at the next access to the HP turbine rotor discs, but not to exceed 4,300 CSN. TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 Series Turbofan Engines

(g)For TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines, remove HP turbine rotor assemblies from service containing HP turbine rotor discs, P/N 3060841-1, having any SN in Table 1 of Honeywell Alert SB No. TFE731-A72-5185, dated July 5, 2006. Use the following drawdown schedule:

(1)For HP turbine discs with 3,200 CSN or more on the effective date of this AD, remove HP turbine rotor assemblies within 100 CIS after the effective date of this AD.

(2)For HP turbine discs with fewer than 3,200 CSN on the effective date of this AD, remove HP turbine rotor assemblies at the next access to the turbine rotor discs, but not to exceed 3,300 CSN. For All Engines

(h)HP turbine rotor discs removed per paragraphs

(f)and

(g)of this AD must pass a curvic root radius inspection performed by Honeywell Engines, Systems and Services, Phoenix, Arizona, Certificate Repair Station No. ZN3R030M, before the discs are eligible for reinstallation in an engine.

(i)For the purposes of this AD, access to the HP turbine rotor discs is defined as the removal of the HP turbine rotor assembly from the engine. Alternative Methods of Compliance

(j)The Manager, Los Angeles Aircraft Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information

(k)Contact Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail: *joseph.costa@faa.gov* ; telephone:

(562)627-5246; fax:

(562)627-5210, for more information about this AD.

(l)For more information regarding the engine manufacturer's accomplishment instructions or material information, refer to Honeywell Alert SB No. TFE731-A72-5185, dated July 5, 2006, and SB No. TFE731-72-3720, dated July 5, 2006. Issued in Burlington, Massachusetts, on August 28, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-17384 Filed 8-31-07; 8:45 am] BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA-R02-OAR-2006-0920, FRL-8462-7] Approval and Promulgation of Implementation Plans; New Jersey; Zero Emission Vehicle Component of the Low Emission Vehicle Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency is proposing to approve, through model year 2011, New Jersey's low emission vehicle program related to the manufacture and sale of zero-emission vehicles, consistent with California's current low emission vehicle regulations. EPA previously approved New Jersey's low emission vehicle program, but did not take action on the zero-emission vehicle provisions. The intended effect of this action is to approve, as consistent with section 110(a)(2) of the Clean Air Act, a control strategy that will help New Jersey achieve attainment of the National Ambient Air Quality Standard for ozone. DATES: Comments must be received on or before October 4, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-OAR-2006-0920, by one of the following methods: *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. *E-mail: Werner.Raymond@epa.gov.* *Fax:* 212-637-3901. *Mail:* Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. *Hand Delivery:* Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R02-OAR-2006-0920. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Matthew Laurita, *laurita.matthew@epa.gov* at the Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, telephone number

(212)637-3895, fax number

(212)637-3901. Copies of the State submittals are available at the following addresses for inspection during normal business hours: Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866. New Jersey Department of Environmental Protection, Public Access Center, 401 East State Street 1st Floor, Trenton, New Jersey 08625. SUPPLEMENTARY INFORMATION: Table of Contents I. History of New Jersey's Low Emission Vehicle Program II. California's Zero-Emission Vehicle Regulations III. Status of New Jersey's Zero-Emission Vehicle Regulations IV. Proposed EPA Action V. Statutory and Executive Order Reviews I. History of New Jersey's Low Emission Vehicle Program In January 2004, the New Jersey Legislature passed legislation requiring the New Jersey Department of Environmental Protection (NJDEP) to adopt the California Low Emission Vehicle

(LEV)program, known as the LEV II program. Pursuant to this legislation, New Jersey promulgated regulations to adopt a LEV program identical to California's LEV II program. New Jersey's regulations were adopted on November 28, 2005 and published in the *New Jersey Register* on January 17, 2006. On June 2, 2006, New Jersey submitted a state implementation plan

(SIP)revision to EPA, seeking federal approval of the regulations. On August 27, 2007, EPA approved New Jersey's LEV program into the New Jersey SIP, with the exception of two provisions (72 FR 48936). EPA took no action on the portions of New Jersey's LEV program related to the manufacture and sale of Zero-Emission Vehicles (ZEV), commonly referred to as the “ZEV mandate,” and portions of the rule related to emission standards for greenhouse gases. Today EPA is proposing to approve the ZEV portion of New Jersey's LEV program into the SIP, through model year 2011. Section 209(a) of the CAA prohibits states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or new motor vehicle engines. However, under section 209(b) of the CAA, EPA may grant a waiver of the section 209(a) prohibition to the State of California, thereby allowing California to adopt its own motor vehicle emissions standards. Before EPA may grant such a waiver, section 209(b) requires California to show that its standards will be “* * * in the aggregate, at least as protective of public health and welfare as applicable Federal standards* * * .” Section 209(b) further provides that EPA will grant a waiver unless it finds that:

(1)The State's determination is “arbitrary and capricious,”

(2)the State “does not need such State standards to meet compelling and extraordinary conditions,” or

(3)the State's standards and accompanying enforcement procedures are “not consistent” with CAA section 202(a). Section 177 of the CAA allows other states to adopt and enforce California's standards relating to the control of emissions from new motor vehicles, provided that, among other things, such state standards are identical to the California standards for which a waiver has been granted under CAA section 209(b). In addition to the identicality requirement, the state must adopt such standards at least two years prior to the commencement of the model year to which the standards will apply. All SIP revisions submitted to EPA for approval must also meet the requirements of CAA section 110. In our August 27, 2007, Final Rule (72 FR 48936), we found that New Jersey had met the requirements of CAA sections 177 and 110. II. California's Zero-Emission Vehicle Regulations The California Air Resources Board

(CARB)adopted the first generation LEV regulations in 1990, which were effective through the 2003 model year. CARB adopted California's second generation LEV regulations (LEV II) following a November 1998 hearing. Subsequent to the adoption of the LEV II program in February 2000, the U.S. EPA adopted separate Federal standards known as the Tier 2 regulations (65 FR 6698). In December 2000, CARB modified the LEV II program to take advantage of some elements of the Federal Tier 2 regulations to ensure that only the cleanest vehicle models would continue to be sold in California. In addition to LEV II emission requirements, minimum percentages of passenger cars and the lightest light-duty trucks, marketed in California by large or intermediate volume manufacturers, must be ZEVs. This is referred to as the ZEV mandate. California has modified the ZEV mandate several times since it took effect. In a December 19, 2003 revision to the ZEV regulation, CARB put in place an alternative compliance program

(ACP)to provide auto manufacturers with several options to meet the ZEV mandate. The ACP established ZEV credit multipliers to allow auto manufacturers to take credit for meeting the ZEV mandate by selling more Partial Zero-Emission Vehicles (PZEVs) and Advanced-Technology Partial Zero-Emission Vehicles (ATPZEVs) than they are otherwise required to sell. EPA granted California a section 209(b) waiver for its LEV II program on April 22, 2003 (68 FR 19811), but did not consider the ZEV regulations in its decision. In a September 23, 2004 letter to EPA, CARB requested that EPA find the 1999, 2001, and 2003 amendments to the ZEV regulations within the scope of previous waivers issued to California for model year 2003 through 2006 vehicles. In addition, CARB requested that EPA grant a section 209(b) waiver to enforce the ZEV regulations for 2007 and subsequent model year vehicles. In a December 28, 2006, notice (71 FR 78190), EPA found the 1999 through 2003 ZEV amendments to be within the scope of previous waivers as they pertain to 2003 through 2006 model year vehicles. In addition, EPA granted California's request for a section 209(b) waiver to enforce provisions of the ZEV regulations for model years 2007 through 2011. This waiver allows for other states to adopt and enforce ZEV regulations that are identical to California's, effective through model year 2011. III. Status of New Jersey's Zero-Emission Vehicle Regulations In New Jersey's November 28, 2005 adoption of the California LEV II program, the State adopted the entirety of California's regulations by reference, including the ZEV regulations. At that time, EPA had not issued a section 209(b) waiver of Federal pre-emption that would allow California to enforce the provisions of its ZEV regulations. Therefore, at that time New Jersey was also unable to enforce those provisions. When EPA issued its December 28, 2006 waiver to California, New Jersey became eligible to enforce its identical ZEV regulations for model years 2009 through 2011. New Jersey requested that EPA approve the ZEV regulations into the SIP in a comment on EPA's March 21, 2007 Notice of Proposed Rulemaking (72 FR 13227), where EPA proposed approval of New Jersey's LEV program without the ZEV and greenhouse gas provisions. EPA has found that New Jersey's ZEV regulations meet the requirements of CAA Section 177 for model years 2009 through 2011, and is therefore proposing to approve the ZEV regulations into the New Jersey SIP for only those model years. IV. Proposed EPA Action EPA is proposing to approve the ZEV portion of New Jersey's low emission vehicle program that is identical to the California standards for which a waiver has been granted. Because the waiver granted for the ZEV portion of the program is limited to model year 2011 and earlier vehicles, EPA is only proposing approval of the ZEV provisions of New Jersey's LEV program for model years 2009 through 2011. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: August 17, 2007. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E7-17411 Filed 8-31-07; 8:45 am] BILLING CODE 6560-50-P 72 170 Tuesday, September 4, 2007 Notices DEPARTMENT OF AGRICULTURE Forest Service Deschutes Provincial Advisory Committee (DPAC); Meeting AGENCY: Forest Service, USDA. ACTION: Notice of Meeting. SUMMARY: The Deschutes Provincial Advisory Committee will meet on September 27th, 2007, starting at 8 a.m. at the Sisters Ranger District, Pine Street and Highway 20, Sisters, Oregon. It will be a 2-hour business meeting and then a joint field trip with Central Oregon Partnership for Wildfire Risk Reduction (COPWRR) to monitor the Green Thin Project. The trip is scheduled to end at 4:30 p.m. in Sisters. All Deschutes Province Advisory Committee Meetings are open to the public and an open public forum is scheduled from 4 to 4:30 p.m. FOR FURTHER INFORMATION CONTACT: Chris Mickle, Province Liaison, Crescent Ranger District, Highway 97, Crescent, Oregon, 97733, Phone

(541)433-3216. John Allen, Deschutes National Forest Supervisor. [FR Doc. 07-4299 Filed 8-31-07; 8:45 am]

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