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Code · REGISTER · 2007-09-11 · PROPOSED RULES · Unknown

Unknown. Final rule; request for comments

22,185 words·~101 min read·/register/2007/09/11/07-4380

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-2007-09-11.xml --- 72 175 Tuesday, September 11, 2007 Contents Agriculture Agriculture Department See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcoholic beverages: Wine and juice; materials and processes authorized for treatment, 51707-51709 E7-17897 Firearms: Excise taxes; exemption for small manufacturers, producers, and importers, 51710-51711 E7-17901 PROPOSED RULES Alcoholic beverages:
Wine, distilled spirits, and malt beverages; mandatory label information; modification, 51732-51735 E7-17909 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51904-51905 E7-17877 Antitrust Antitrust Division NOTICES National cooperative research notifications: Advanced Media Workflow Association, Inc., 51838-51839 07-4435 American Society of Mechanical Engineers, 51839 07-4434 American Type Culture Collection, 51839 07-4438 DVD Copy Control Association, 51840 07-4431 Glass Technology Development Corporation, 51840 07-4437 IMS Global Learning Consortium, Inc., 51840 07-4439 Interactive Advertising Bureau, 51840-51841 07-4436 LiMo Foundation, 51841 07-4430 National Biodiesel Accreditation Commission, 51841 07-4433 Open SystemC Initiative, 51839 07-4432 Census Census Bureau NOTICES Census 2010:
American Indian and Alaska Native policy statement, 51780 E7-17846 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 51823 E7-17837 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chesapeake Bay, Susquehanna River, Havre de Grace, MD, 51711-51713 E7-17816 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51824-51827 E7-17814 E7-17815 Meetings:
Amite River Diversion Canal, Livingstone Parish, LA; proposed bridge, 51827 E7-17801 National Boating Safety Advisory Council, 51828 E7-17804 Towing Safety Advisory Committee, 51828 E7-17803 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:
Dominican Republic-Central America-United States Free Trade Agreement; commercial availability— Woven fabrics; correction, 51805 E7-17894 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 51814-51821 07-4420 Defense Defense Department See Navy Department Education Education Department NOTICES Postsecondary education: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition, 51806 E7-17824 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Block Corp., 51841-51842 E7-17882 Chapin Watermatics Inc., 51842 E7-17886 Foamex et al., 51842-51843 E7-17883 Haines Service et al., 51843-51845 E7-17884 Liberty Fibers Corp., 51845-51846 E7-17889 Oregon Cutting Systems Group, 51846 E7-17885 Schrader Bridgeport, 51846 E7-17888 STMicroelectronics, Inc, 51846 E7-17887 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 51806-51807 E7-17843 Environmental statments; record of decision:
Savannah River Site, SC; surplus plutonium materials storage, 51807-51811 E7-17840 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Minnesota, 51713-51716 07-4380 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Minnesota, 51747 E7-17715 Pennsylvania, 51747-51758 E7-17890 Superfund program: National oil and hazardous substances contingency plan priorities list, 51758-51762 E7-17750 FAA Federal Aviation Administration RULES Airworthiness directives:
General Electric Co., 51697-51699 E7-17678 PROPOSED RULES Airworthiness directives: Boeing, 51725-51728 E7-17830 Fokker, 51719-51722 E7-17831 Saab, 51722-51725 E7-17832 FCC Federal Communications Commission NOTICES Meetings: Consumer Advisory Committee, 51814 E7-17870 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 51814-51821 07-4420 Meetings; Sunshine Act, 51821 E7-17845 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations:
Various States, 51762-51766 E7-17821 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-17793 51829-51830 E7-17794 Disaster and emergency areas: Illinois, 51830-51831 E7-17792 Minnesota, E7-17788 51831-51832 E7-17790 Nebraska, 51832 E7-17787 Oklahoma, 51832-51833 E7-17791 Reports and guidance documents; availability, etc.: National Response Framework, 51833 E7-17974 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 51812-51813 E7-17856 Meetings:
New York Independent System Operator, Inc.; technical conference, 51813 E7-17853 *Applications, hearings, determinations, etc.:* CR Clearing, LLC, et al., 51811 E7-17855 Harvest Windfarm, LLC, 51811-51812 E7-17854 North American Electric Reliability Corp., 51812 E7-17852 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51891-51894 E7-17805 E7-17812 E7-17813 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51894-51896 E7-17809 Reports and guidance documents; availability, etc.:
Electronic remote authority delivery systems; interpretation, 51896-51898 E7-17800 Safety advisories, bulletins, and directives: Railroad bridge safety; policy statement, 51898-51901 E7-17811 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 51814-51821 07-4420 Banks and bank holding companies: Change in bank control, 51821 E7-17836 Formations, acquisitions, and mergers, 51822 E7-17835 FTC Federal Trade Commission PROPOSED RULES Trade regulation rules:
Mail or telephone order merchandise, 51728-51730 E7-17778 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Kenk's amphipod, etc., 51766-51770 E7-17716 Gray wolves in northern Rocky Mountains; Central Idaho and Yellowstone area nonessential experimental populations, 51770-51771 E7-17823 Food Food and Drug Administration NOTICES Meetings: National Mammography Quality Assurance Advisory Committee, 51823-51824 E7-17795 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* New Jersey In Mocean Group, LLC; swimwear and beach accessories distribution facilitiy, 51780-51781 E7-17858 Forest Forest Service NOTICES Environmental statements; notice of intent:
Black Hills National Forest, SD, 51772-51775 07-4427 Sierra National Forest, CA, 51775-51780 E7-17834 GSA General Services Administration NOTICES Environmental statements; availability, etc.: Warroad, MN; border station construction, 51822 E7-17875 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Meetings:
Migrant Health National Advisory Council, 51824 E7-17825 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Nuclear decommissioning funds treatment for purposes of allocating purchase price in deemed and actual asset acquisitions, 51703-51706 E7-17817 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51905-51906 E7-17819 International International Trade Administration NOTICES Antidumping:
Floor-standing, metal-top ironing tables and parts from— China, 51781-51787 E7-17865 Heavy forged hand tools finished or unfinished, with or without handles, from— China, 51787-51791 E7-17857 Magnesium metal from— Russian Federation, 51791-51792 E7-17859 Oil country tubular goods, other than drill pipe, from— Korea, 51793-51798 E7-17850 Orange juice from— Brazil, 51798-51800 E7-17873 Saccharin from— China, 51800-51801 E7-17851 *Applications, hearings, determinations, etc.:* University of— Colorado, 51802 E7-17868 Southern California et al., 51801 E7-17867 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 51837 E7-17781 Import investigations: 3G mobile handsets and components, 51838 E7-17782 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Federal Activities Inventory Reform Act of 1998; implementation:
Agency inventories of activities that are and are not inherently governmental; availability, 51841 E7-17789 Land Land Management Bureau NOTICES Reports and guidance documents; availability, etc.: Commercial, competitive, and organized group activity and event special recreation permits; application fees; supplementary rule, 51834-51837 E7-17827 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 51848 07-4469 National Archives National Archives and Records Administration PROPOSED RULES Public availability and use:
Freedom of Information Act; implementation, 51744-51747 E7-17913 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Occupant protection in interior impact; side impact protection; phase-in reporting requirements, 51908-51973 07-4360 National Institute National Institute of Standards and Technology NOTICES Meetings: Malcolm Baldrige National Quality Award Judges Panel, 51802 E7-17863 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, 51718 07-4441 Pacific ocean perch, 51716-51717 07-4443 Shallow-water species, 51717-51718 07-4442 Northeastern United States fisheries— Atlantic surfclam and ocean quahog, 51699-51703 E7-17898 NOTICES Endangered and threatened species permit applications, determinations, etc., 51802-51803 E7-17899 E7-17900 Marine mammal permit applications, determinations, etc., 51803-51804 E7-17895 Meetings: Pacific Fishery Management Council, 51804 E7-17839 South Atlantic Fishery Management Council, 51804-51805 E7-17833 Reports and guidance documents; availability, etc.:
U.S. Climate Change Science Program Synthesis and Assessment Product Report 4.3; climate change effects on agriculture, land, water, and biodiversity, 51805 E7-17893 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 51848-51849 07-4444 Antarctic Conservation Act of 1978; permit applications, etc., 51849 E7-17773 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 51849 07-4470 Navy Navy Department NOTICES Meetings:
Historical Advisory Committee, 51805-51806 E7-17841 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: GE Homeland Protection, Inc., 51849-51852 E7-17878 Meetings; Sunshine Act, 51852 07-4468 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 51852-51869 E7-17864 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 51849 E7-17869 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards:
Emergency response and preparedness; comprehensive standard; information request, 51735-51743 E7-17771 NOTICES Reports and guidance documents; availability, etc.: Musculoskeletal disorders prevention; ergonomics; shipyard guidelines, 51846-51848 E7-17770 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51901-51902 E7-17896 Meetings: International standards on transport of dangerous goods, 51902 07-4426 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:
Rio Grande and Low Flow Conveyance Channel system, NM; cancellation, 51837 E7-17838 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Financial Investors Variable Insurance Trust et al., 51869-51874 E7-17786 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 51875-51878 E7-17785 Chicago Board Options Exchange, Inc., 51878-51880 E7-17784 NASDAQ Stock Market LLC, 51880-51882 E7-17783 Sentencing Sentencing Commission, United States See United States Sentencing Commission State State Department NOTICES Arms Export Control Act:
Equipment & Supply, Inc.; Section 38 violation; statutory debarment terminated, 51884-51885 E7-17902 Kohn, Leib, et al.; Section 38 violation; statutory debarment, 51885-51886 E7-17905 Meetings: Cultural Property Advisory Committee, 51886 E7-17871 North Pacific Anadromous Fish Commission, U.S. Section Advisory Panel, 51886 E7-17879 Surface Surface Transportation Board NOTICES Railroad services abandonment: Georgia Southwestern Railroad, Inc., 51902-51903 E7-17733 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 51814-51821 07-4420 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:
Agreements filed; weekly receipts, 51886 E7-17847 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 51886-51887 E7-17848 Reports and guidance documents; availability, etc.: Substituted urine specimens verification; informational notice, 51887-51891 07-4428 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-17860 51903-51904 E7-17862 U.S.
U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 51834 E7-17826 Customs U.S. Customs and Border Protection PROPOSED RULES Air commerce: Designated landing locations; list— San Antonio International Airport, TX, 51730-51732 E7-17802 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 51882-51884 E7-17796 E7-17798 E7-17799 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 51908-51973 07-4360 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. 72 175 Tuesday, September 11, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28726; Directorate Identifier 2007-NE-32-AD; Amendment 39-15190; AD 2007-18-10] RIN 2120-AA64 Airworthiness Directives;
General Electric Company CF6-80E1 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for General Electric Company
(GE)CF6-80E1 series turbofan engines with certain part number (P/N) compressor rear frames
(CRFs)installed. This AD requires revisions to the Airworthiness Limitations Section
(ALS)of the manufacturer's Instructions for Continued Airworthiness
(ICA)and air carrier's approved Continued Airworthiness Maintenance Programs
(CAMP)to include initial and repetitive eddy current inspections
(ECIs)or fluorescent penetrant inspections
(FPIs)of the affected CRFs. This AD results from the need to require enhanced inspections of the CF6-80E1 series engine CRFs for cracks. We are issuing this AD to prevent rupture of the CRF, which could result in an under-cowl engine fire. DATES: This AD becomes effective September 26, 2007. We must receive any comments on this AD by November 13, 2007. ADDRESSES: Use one of the following addresses to comment on this 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. Contact General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone
(513)672-8400, fax
(513)672-8422, for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Robert.green@faa.gov;* telephone
(781)238-7754; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: GE recently reassessed the original basis for certification of the CF6-80E1 series turbofan engine CRFs, using updated techniques and materials. The data revealed that the stresses in critical areas of the CRF are higher than originally calculated. This condition, if not corrected, could result in rupture of the CRF, possibly resulting in an under-cowl engine fire. FAA's Determination and Requirements of This AD Although no airplanes that are currently registered in the United States use these CF6-80E1 series turbofan engines, the possibility exists that the engines could be used on airplanes that are registered in the United States in the future. The unsafe condition described previously is likely to exist or develop on other engines of the same type design. We are issuing this AD to prevent rupture of the CRF, which could result in an under-cowl engine fire. This AD requires revisions to the ALS of the manufacturer's ICA and air carrier's approved CAMP to include required ECIs or FPIs of those certain P/N CRFs, for cracks in critical areas. FAA's Determination of the Effective Date Since there are currently no domestic operators of this engine model, notice and opportunity for public comment before issuing this AD are unnecessary. A situation exists that allows the immediate adoption of this regulation. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2007-28726; Directorate Identifier 2007-NE-32-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. 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 AD. Using the search function of the DMS 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 this 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. Will 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 summary of the costs to comply with this AD and placed it in the AD Docket. 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. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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: **2007-18-10 General Electric Company:** Amendment 39-15190. Docket No. FAA-2007-28726; Directorate Identifier 2007-NE-32-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective September 26, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to General Electric Company
(GE)CF6-80E1A1, CF6-80E1A2, CF6-80E1A3, CF6-80E1A4, and CF6-80E1A4/B model turbofan engines with compressor rear frame
(CRF)part numbers (P/Ns) 1520M26G03/G06/G08/G11/G12 installed. These engines are installed on, but not limited to, Airbus Industrie A330 series airplanes. Unsafe Condition
(d)This AD results from the need to require enhanced inspections of the CF6-80E1 series turbofan engine CRFs, for cracks. We are issuing this AD to prevent rupture of the CRF, which could result in an under-cowl engine fire. Compliance
(e)Within the next 30 days after the effective date of this AD, revise GE's Instructions for Continued Airworthiness ALS, and for air carrier operations, revise the approved continuous airworthiness maintenance program, by adding the information in Table 1 and in paragraphs
(f)through
(i)of this AD. Table 1.—Inspection Compliance Schedule If CRF P/Ns 1520M26G03/G06/G08/G11/G12 are: Then initially inspect: And repetitively inspect:
(1)Operated at a CF6-80E1A3 or CF6-80E1A4/B engine rating Before 12,200 cycles-since-new
(CSN)Within every 6,300 cycles-since-last-inspection (CSLI), except that igniter pad holes on CRFs with P/Ns 1520M26G03/G06/G08, must be inspected within every 4,800 CSLI.
(2)Operated at a CF6-80E1A4 engine rating Before 13,700 CSN Within every 6,300 CSLI, except that igniter pad holes on CRFs with P/Ns 1520M26G03/G06/G08, must be inspected within every 6,100 CSLI.
(3)Operated at a CF6-80E1A1 or CF6-80E1A2 engine rating Before 14,200 CSN Within every 6,300 CSLI. Module-Level Inspection of CRFs
(f)For CRF P/Ns 1520M26G03/G06/G08/G11/G12, at module level:
(1)Clean and eddy current inspect
(ECI)the locations numbered 3 through 8.
(2)Information on these locations can be found in figure 801, sheets 2, 3, and 4, of CF6-80E1 Engine Manual No. GEK 99376, Section 05-21-01. The remaining engine manual references in this AD are to No. GEK 99376.
(3)Information on cleaning and ECI can be found in CF6-80E1 Engine Manual, Section 72-00-34, COMPRESSOR REAR FRAME ASSEMBLY—INSPECTION 001, Subtask 72-00-34-250-001.
(4)For CRF P/Ns 1520M26G03/G06/G08, clean and fluorescent penetrant inspect
(FPI)the locations numbered 1 and 2.
(5)Information on these locations can be found in figure 801, sheet 1, of CF6-80E1 Engine Manual, Section 05-21-01.
(6)Information on cleaning and FPI can be found in CF6-80E1 Engine Manual, Section 72-00-34, COMPRESSOR REAR FRAME ASSEMBLY—INSPECTION 001, Subtask 72-00-34-230-051. Piece-Part Level Inspection of CRFs
(g)For CRF P/Ns 1520M26G03/G06/G08/G11/G12, at piece-part level:
(1)Clean and FPI the locations numbered 3 through 8.
(2)Information on these locations can be found in figure 801, sheets 2, 3, and 4, of CF6-80E1 Engine Manual, Section 05-21-01.
(3)Information on cleaning and FPI can be found in CF6-80E1 Engine Manual, Section 72-34-01, COMPRESSOR REAR FRAME—INSPECTION 001, Subtask 72-34-01-200-003.
(4)For CRF P/Ns 1520M26G03/G06/G08, clean and FPI the locations numbered 1 and 2.
(5)Information on these locations can be found in figure 801, sheet 1, of CF6-80E1 Engine Manual, Section 05-21-01.
(6)Information on cleaning and FPI can be found in CF6-80E1 Engine Manual, Section 72-34-01, COMPRESSOR REAR FRAME— INSPECTION 001, Subtask 72-34-01-200-003. Determining CSN of the Compressor Rear Frame
(h)Air carriers and operators must use engine operating records to determine the CSN of the compressor rear frame. If the number of cycles accumulated since new cannot be established, inspect the CRF within 300 cycles-in-service after the effective date of this AD.
(i)For compressor rear frames that have operated in multiple engine models or thrust ratings, information on correct cycle counting can be found in Method 1 or Method 2 of CF6-80E1 Engine Manual No. GEK 99376, Section 05-11-00, LIFE LIMITS OF ENGINE ROTATING PARTS. Definition
(j)For the purposes of this AD, piece-part level means that the CRF is removed and disassembled using the disassembly instructions in GE's engine manual. Alternative Methods of Compliance
(k)You must perform these mandatory inspections using the ALS of the Instructions for Continued Airworthiness and the applicable Engine Manual unless you receive approval to use an alternative method of compliance under paragraph
(l)of this AD. Section 43.16 of the Federal Aviation Regulations (14 CFR 43.16) may not be used to approve alternative methods of compliance or adjustments to the times in which these inspections must be performed.
(l)The Manager, Engine 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
(m)GE CF6-80E1 Engine Manual Temporary Revision
(TR)05-0055, dated July 3, 2007, and CF6-80E1 Engine Manual TR 72-0088, dated July 3, 2007, pertain to the subject of this AD. TR 05-055 adds CRF inspection references to the CRF inspection tables and TR 0088 adds an ECI for the CRF.
(n)Contact Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Robert.green@faa.gov;* telephone
(781)238-7754; fax
(781)238-7199, for more information about this AD. Material Incorporated by Reference
(o)None. Issued in Burlington, Massachusetts, on August 29, 2007. Thomas A. Boudreau, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-17678 Filed 9-10-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 648 [Docket No. 070827327-7327-01; I.D. 020907E] RIN 0648-AT62 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Framework Adjustment 1 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce ACTION: Final rule. SUMMARY: This final rule implements Framework Adjustment 1 (FW 1) to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP). FW 1 management measures were developed by the Mid-Atlantic Fishery Management Council (Council) and implements a vessel monitoring system
(VMS)requirement for vessels participating in the surfclam and ocean quahog fisheries. The VMS requirement replaces the current telephone-based notification requirement necessary prior to departure on a surfclam or ocean quahog fishing trip and facilitates monitoring of closed areas and state/Federal jurisdictional boundaries. The intent of this action is to implement management measures that will improve the management and enforcement of regulations governing the Atlantic surfclam and ocean quahog fishery in the U.S. Exclusive Economic Zone. DATES: Effective January 1, 2008. ADDRESSES: Copies of supporting documents, including the Regulatory Impact Review
(RIR)and Final Regulatory Flexibility Analysis
(FRFA)are available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-6790. A copy of the small entity compliance guide is available from Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. A copy of the RIR/FRFA and the small entity compliance guide is also accessible via the Internet at *http://www.nero.noaa.gov/* . Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule should be submitted to the Regional Administrator at the address above and to David Rostker, Office of Management and Budget (OMB), by e-mail at *David_Rostker@omb.eop.gov* , or fax to
(202)395-7285. Information on the Federal VMS reimbursement program is available from the Pacific States Marine Fisheries Commission, 205 SE Spokane Street, Suite 100, Portland, OR 97202 (Website: *http://www.psmfc.org* , Telephone Number: 503-595-3100, Fax Number: 503-595- 3232). FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy Analyst, 978-281-9220. SUPPLEMENTARY INFORMATION: Background The Council voted on December 13, 2006, to recommend to NMFS that a VMS requirement for Atlantic surfclam and ocean quahog fishing vessels, including Maine mahogany quahog vessels, be implemented for their respective fisheries. This action was originally approved by the Council as part of Amendment 13 to the FMP in 2003. However, the Council recommended that the Administrator, Northeast Region, NMFS (Regional Administrator) implement a VMS requirement for the fisheries when an economically viable system, tailored to meet the needs of the Atlantic surfclam and ocean quahog fishery, became available to the industry. Three VMS vendors have been approved by NMFS for use in the Northeast Region. The costs of the VMS units have decreased since 2003, so that purchase and installation costs now range from approximately $1,800 to $3,800, and recurring monthly costs range from $25 to $100. As a result of the lower costs, the Council voted in June 2005 to begin the development of a framework adjustment to require the mandatory use of VMS for surfclams and ocean quahogs. The Council held two public meetings, on October 11, 2006, and December 13, 2006, to discuss the management measures contained in FW 1 and, on December 13, 2006, the Council selected and approved the VMS management measures to submit to NMFS for approval and implementation. The Council's approved measures included a provision to delay the effectiveness of the VMS requirement for a period of one year for the limited access permitted Maine mahogany quahog fishery. This delay is to allow greater time for the participants in the smaller, artisanal fishery in Maine, to comply with the new VMS requirement. NMFS published a proposed rule on March 5, 2007 (72 FR 9719) and requested public comments through April 4, 2007, on the management measures contained in FW 1. A VMS requirement is necessary for the surfclam and ocean quahog fishery in order to:
(1)Eliminate the requirement to notify NMFS Office of Law Enforcement via telephone prior to beginning a fishing trip;
(2)facilitate the monitoring of areas closed to fishing due to environmental degradation (e.g., harmful algal blooms and former dump sites); and
(3)facilitate the monitoring of borders between state and Federal regulatory jurisdiction. Further rationale and detailed description of the measures in FW 1 is provided in the framework and in the preamble to the proposed rule and is not repeated here. Comments and Responses NMFS received one comment on the proposed rule during the comment period. The comment was in general support of the vessel monitoring requirement contained in FW 1. Changes from the Proposed Rule In § 648.15(b), the time and place that a vessel must declare its intended fishing activity via the VMS was changed to clarify that the declaration must be made prior to leaving port. The proposed rule was inconsistent in whether the fishing activity was to be declared prior to departure on a fishing trip or prior to crossing the vessel demarcation line. This revision is consistent with other Northeast VMS fisheries, which require that fishing activity be declared prior to leaving port. This clarification modified the regulatory text in the prohibition section of § 648.14 and the facilitation of enforcement section of § 648.15. Although not a regulatory change, the VMS purchase and cost estimates that were given in the proposed rule are clarified here. In the preamble of the proposed rule, the VMS purchase and installation costs were stated as between $3,150 and $4,200. However, the IRFA summary section of the proposed rule stated a VMS purchase and installation cost range of from $1,800 to $3,800. The low-end cost of $3,150, in the $3,150 - $4,200 cost range, included an estimated cost for a personal computer that is not sold as a part of the lowest cost VMS unit available. In order to give a full range of the costs associated with the purchase and installation of a VMS unit the greater range of $1,800 to $3,800 was analyzed for the IRFA. The difference in the high-end cost estimates was based upon differing installation cost estimates. Although prices are set by the vendors, and therefore subject to change, the VMS purchase and installation cost estimate range of $1,800 to $3,800 is the most accurate at the time of publication of this final rule. Classification This action is taken under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and regulations at 50 CFR part 648. The Regional Administrator determined that management measures in FW 1 are necessary for the conservation and management of the surfclam and ocean quahog fishery and that it is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. A description of the reasons why this action is being taken by the Agency and the objectives of this final rule are contained in the preambles of the proposed and final rules. This action does not duplicate, overlap, or conflict with any other Federal rules. Final Regulatory Flexibility Analysis NMFS, pursuant to section 604 of the Regulatory Flexibility Act (RFA), prepared this FRFA in support of the management measures implementing FW 1. The FRFA incorporates the economic impacts summarized in the IRFA and the corresponding RIR that were prepared for this action. A summary of the IRFA was published in the Classification section of the proposed rule and is not repeated here. Copies of the IRFA and RIR prepared for this action are available from the Northeast Regional Office (see ADDRESSES ). A description of why this action was taken, the objectives of, and the legal basis for this rule, are contained in the preamble to the proposed rule and final rule and are not repeated here. Summary of Issues Raised by the Public Comments in Response to the IRFA No significant issues related to the IRFA or the economic effects of the proposed rule were raised in the one public comment submitted on the proposed rule. Description and Estimate of Number of Small Entities to Which this Rule Will Apply This action applies to federally permitted Atlantic surfclam and ocean quahog commercial fishing vessels. The Small Business Administration
(SBA)defines a small commercial fishing entity as a firm with gross receipts not exceeding $4.0 million. In 2005, 48 vessels reported harvesting surfclams and/or ocean quahogs from Federal waters under an Individual Transferable Quota
(ITQ)system. In the same year, 32 vessels reported harvesting quahogs in the Maine Mahogany Quahog Zone (MMQZ). Average 2005 gross incomes were $846,186 per surfclam harvester, $728,780 per ocean quahog harvester, and $120,592 per Maine mahogany quahog harvester. Each vessel in this analysis is treated as a single entity for purposes of size determination and impact assessment. All 80 commercial fishing entities thus fall under the SBA size standard for small commercial fishing entities. However, it is important to note that, of the 80 entities active in 2005, 29 are already in compliance with the requirement to have a VMS installed on the fishing vessel. Thus, if all vessels that participated in 2005 continue to fish, only 51 vessels will be required to purchase a VMS unit. Furthermore, as a result of the delay of the VMS requirement for Maine mahogany quahog harvesters, 26 of the 51 vessels would be given an additional year from the effective date of the final rule to comply with the VMS requirement. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements In 2005, there were approximately 5,580 fishing trips taken by 80 vessels across all surfclam and ocean quahog permit categories. Thus, the VMS fishing trip declaration requirement should, on average, result in almost 70 trip declarations per year per vessel. Based on 2005 fishery participation levels, it is estimated that 51 fishing vessels (25 vessels in the first year and 26 in the second year of implementation) will be required to purchase and install a VMS unit to comply with this final rule. The purchase and installation costs for a VMS unit range from $1,800 to $3,800, with annual service fees between $360 and $960. A full description of the burden hour estimate and VMS purchase and installation costs for the recordkeeping and reporting requirements of this final rule are given in the Reporting and Recordkeeping Requirements section of this final rule. Description of Minimization of Economic Impacts on Small Entities Economic impacts on small entities resulting from the purchase costs of new VMS units have been minimized through a VMS reimbursement program (July 21, 2006, 71 FR 41425) that made available approximately $4.5 million in grant funds for fiscal year
(FY)2006 for vessel owners and/or operators who have purchased a VMS unit for the purpose of complying with fishery regulations that became effective during or after FY 2006. As of April 3, 2007, an additional $4 million was being added to the fund. Reimbursement for VMS units is available on a first come, first serve, basis until the funds are depleted. More information on the VMS reimbursement program is available from the Pacific States Marine Fisheries Commission (see ADDRESSES ) and from the NMFS VMS Support Center, which can be reached at 888-219-9228. In addition, all vessels with a limited access Maine mahogany quahog permit would be granted an additional year from the effective date of a final rule implementing FW 1 to come into compliance with the VMS requirement. This additional year is proposed for the Maine mahogany quahog fishery because it operates in an area where shore-based electrical power may not currently be available. Vessel owners in this fishery often moor their vessels away from shore due to lack of shoreside facilities and, when shoreside docking facilities are available, electrical power may not be included. Thus, it is anticipated that this sector will have the additional burden of procuring an auxiliary power system (e.g., an extra battery, photovoltaic cells) in order to comply with the VMS requirement to maintain power to the VMS unit 24 hr per day. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the action a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide was prepared. Copies of the guide will be sent to all holders of commercial Federal Atlantic surfclam, ocean quahog, and limited access Maine ocean quahog fishery permits. The guide will also be available on the internet at *http://www.nero.noaa.gov* . Copies of the guide can also be obtained from the Regional Administrator (see ADDRESSES ). Reporting and Recordkeeping Requirements This rule contains collection of information requirements subject to review and approval by OMB under the Paperwork Reduction Act
(PRA)and which has been approved by OMB under control number 0648-0558. This action eliminates the surfclam/ocean quahog vessel telephone call-in provision included in the collection of information currently approved under OMB Control Number 0648-0202. The new control number, 0648-0558, has been assigned to this new collection until such time that 0648-0202 may be modified. Annualized over a 3-yr period, the direct financial cost to the fishing industry for the purchase, installation, and service of equipment in order to comply with the VMS trip declaration requirement is estimated to be $73,491. For this action the actual reporting burden (e.g., vessel VMS trip declaration) will not change significantly from the telephone call-in provision currently approved under OMB Control Number 0648-0202 because, although the reporting time for each vessel will be reduced, the total number of vessels required to report will increase, due to the inclusion of the Maine mahogany quahog fishery. The vessel owner or operator of a vessel participating in the ITQ program will no longer have to telephone a local port office prior to departure on a surfclam or ocean quahog trip and verbally give the following information: Name of the vessel; NMFS permit number assigned to the vessel; expected date and time of departure from port; whether the trip will be directed on surfclams or ocean quahogs; expected date, time, and location of landing; and name of individual providing notice. The reporting burden for this requirement was estimated at 2 min per response (OMB Control Number 0648-0202) when the reporting requirement was implemented in 1993 (58 FR 14342, March 17, 1993). Under this final rule, the vessel owner or operator will be required to make an activity declaration (e.g., surfclam, ocean quahog, or Maine mahogany quahog) displayed on the VMS monitor located in the wheelhouse of the vessel. All identifying information is transmitted as a VMS fishery code. Vessel departure and return information from the fishing trip will be monitored through the VMS by way of the vessel crossing the VMS demarcation line to and from port. On the surfclam and ocean quahog VMS trip declaration screen, vessel operators have three options to choose from:
(1)Atlantic surfclam ITQ trip;
(2)ocean quahog ITQ trip; and
(3)Maine mahogany quahog trip. It is estimated that choosing the appropriate trip declaration will take 1 min per response. As previously noted, in 2005, there were approximately 5,580 fishing trips taken by the entire industry. This makes the time burden for the VMS trip declaration 92 hr per year for the fleet. When considering the time to respond to providing proof of VMS installation and the time needed for requesting an exemption to turn off the VMS unit (“power-down”), the annual reporting burden is 100 hr for the entire fleet. The public's reporting burden for the collection-of information requirements includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection-of-information requirements. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing the burden, to the Northeast Regional Administrator (see ADDRESSES ) and by e-mail to *David_Rostker@omb.eop.gov* , or fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: September 5, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons stated in the preamble, 15 CFR, Chapter IX, Part 902, and 50 CFR, Chapter VI, Part 648 are amended as follows: 15 CFR Chapter IX PART 902—NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 3501 *et seq.* 2. In § 902.1, the table in paragraph
(b)under 50 CFR is amended by adding, in numerical order, an entry for § 648.81(d) to read as follows: § 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(b)* * * CFR part or section where the information collection requirement is located Current OMB control number the information (All numbers begin with 0648-) * * * * * 50 CFR * * * * * 648.15(b) -0558 * * * * * 50 CFR Chapter VI PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.2, definitions for “Individual Transferable Quota
(ITQ)Program” and “Mahogany Quahog” are added in alphabetical order, and the definition for “Vessel Monitoring System” is revised to read as follows: § 648.2 Definitions. *Individual Transferable Quota
(ITQ)Program* means, for the Atlantic surfclam and ocean quahog fishery, the annual individual allocation of quota specified at § 648.70. *Mahogany Quahog* see *Ocean Quahog* *Vessel Monitoring System (VMS)* means a vessel monitoring system or VMS unit as set forth in § 648.9 and approved by NMFS for use on Atlantic sea scallop, NE multispecies, monkfish, Atlantic herring, and Atlantic surfclam and ocean quahog vessels, as required by this part. 3. In § 648.4, paragraph (a)(4)(ii) is added to read as follows: § 648.4 Vessel permits. (a)* * * (4)* * *
(ii)*VMS Requirement.*
(A)*Surfclam and ocean quahog open access permits.* In order to be eligible for issuance of an open access surfclam or ocean quahog permit, the vessel owner must have installed on the vessel an operational VMS unit that meets the criteria set forth in § 648.9. The vessel owner/operator must activate the VMS unit and provide verification of vendor activation from a NMFS-approved VMS vendor as described in § 648.9. Verification is done by completing, signing, and mailing or faxing a VMS certification form to the NMFS Northeast Region Office of Law Enforcement.
(B)*Maine mahogany quahog limited access permit.* In order to be eligible for issuance of a Maine mahogany quahog permit, the vessel owner must have installed on the vessel an operational VMS unit that meets the criteria set forth in § 648.9. By January 1, 2009, unless otherwise exempted under paragraph (a)(4)(ii)(B)( *1* ) of this section. The vessel owner/operator must activate the VMS unit and provide verification of vendor activation from a NMFS-approved VMS vendor as described in § 648.9. Verification is done by completing, signing, and mailing or faxing a VMS certification form to the NMFS Northeast Region Office of Law Enforcement. ( *1* ) *Special VMS exemption for Maine mahogany quahog vessels.* Vessel owners eligible to renew a limited access Maine mahogany quahog permit may do so without proof of installation of a VMS, provided the vessel does not fish for, catch, or possess; or attempt to fish for, catch, or posses; Maine mahogany quahogs. Proof of VMS installation must be provided to the NMFS Northeast Region Office of Law Enforcement prior to departure on any fishing trip on which ocean quahogs may be caught or landed. Once a vessel issued a Maine mahogany quahog permit has elected to participate in the Maine mahogany quahog fishery, the vessel must keep the VMS unit turned on and functioning as specified under § 648.9. Once a limited access Maine mahogany quahog permitted vessel has participated in the Maine mahogany quahog fishery, this exemption no longer applies. ( *2* ) [Reserved] 4. In § 648.9, paragraphs (c)(2)(i)(B) and
(e)are revised to read as follows: § 648.9 VMS requirements.
(c)* * *
(2)* * *
(i)* * *
(B)For vessels fishing with a valid NE multispecies limited access permit, or a valid surfclam and ocean quahog permit specified at § 648.4(a)(4), the vessel owner signs out of the VMS program for a minimum period of 30 consecutive days by obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) of this section, the vessel does not engage in any fisheries until the VMS unit is turned back on, and the vessel complies with all conditions and requirements of said letter; or
(e)*New and replacement VMS installations.* The vessel owner/operator required to use a VMS must provide to the NMFS Northeast Region Office of Law Enforcement verification of vendor activation prior to departure on a fishing trip requiring VMS. A VMS certification of installation form is available from the NMFS Regional Administrator. Should a VMS unit require replacement, a vessel owner must submit documentation to the Regional Administrator, within 3 days of installation and prior to the vessel's next trip, verifying that the new VMS unit is an operational, approved system as described under paragraph
(a)of this section. Vessel owners required to use a VMS in the Atlantic surfclam and ocean quahog fishery, as specified at § 648.15(b), must confirm the VMS operation and communications service to NMFS by calling 978-281-9213 to ensure that position reports are automatically sent to and received by NMFS Office of Law Enforcement (OLE). For the Atlantic surfclam and ocean quahog fishery, NMFS does not regard the fishing vessel as meeting the VMS requirements until automatic position reports and a manual declaration are received. 5. In § 648.10, paragraphs (b)(1)(vii) and paragraph (b)(1)(viii) are added, and (b)(2) is revised to read as follows: § 648.10 DAS and VMS notification requirements.
(b)* * *
(1)* * *
(vii)A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) open access permit;
(viii)Effective January 1, 2009, a vessel issued a Maine mahogany quahog (OQ 7) limited access permit, unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)( *1* );
(2)The owner of a vessel as specified in paragraph (b)(1) of this section, with the exception of a vessel issued a limited access NE multispecies permit as specified in paragraph (b)(1)(vi) of this section, must provide documentation to the Regional Administrator at the time of application for a limited access permit that the vessel has an operational VMS unit installed on board that meets the minimum performance criteria, unless otherwise allowed under this paragraph (b). If a vessel has already been issued a limited access permit without the owner providing such documentation, the Regional Administrator shall allow at least 30 days for the vessel to install an operational VMS unit that meets the criteria and for the owner to provide documentation of such installation to the Regional Administrator. The owner of a vessel issued a limited access NE multispecies permit that fishes or intends to fish under a Category A or B DAS as specified in paragraph (b)(1)(vi) of this section must provide documentation to the Regional Administrator that the vessel has an operational VMS unit installed on board that meets those criteria prior to fishing under a groundfish DAS. NMFS shall send letters to all limited access NE multispecies DAS and Atlantic surfclam and ocean quahog permit holders and provide detailed information on the procedures pertaining to VMS purchase, installation, certification, and use. 6. In § 648.14, paragraph (a)(25) is revised to read as follows: § 648.14 Prohibitions.
(a)* * *
(25)Fail to maintain an operational VMS unit as specified in § 648.9, and comply with any of the notification requirements specified in § 648.15(b) including:
(i)Fish for, land, take, possess, or transfer surfclams or ocean quahogs under an open access surfclam or ocean quahog permit without having provided proof to the Regional Administrator of NMFS that the vessel has a fully functioning VMS unit on board the vessel and declared a surfclam, ocean quahog, or Maine mahogany quahog fishing activity code via the VMS unit prior to leaving port as specified at § 648.15(b);
(ii)Beginning January 1, 2009, fish for, land, take, possess, or transfer ocean quahogs under a limited access Maine mahogany quahog permit without having provided proof to the Regional Administrator of NMFS that the vessel has a fully functioning VMS unit on board the vessel and declared a fishing trip via the VMS unit as specified at § 648.15(b). 7. In § 648.15, paragraph
(b)is revised to read as follows: § 648.15 Facilitation of enforcement.
(b)*Special notification requirements applicable to surfclam and ocean quahog vessel owners and operators.*
(1)*Surfclam and ocean quahog open access permitted vessels.* Vessel owners or operators issued an open access surfclam or ocean quahog open access permit for fishing in the ITQ Program, as specified at § 648.70, are required to declare their intended fishing activity via VMS prior to leaving port.
(2)*Maine mahogany quahog limited access permitted vessels.* Beginning January 1, 2009, vessel owners or operators issued a limited access Maine mahogany quahog permit for fishing for Maine mahogany quahogs in the Maine mahogany quahog zone, as specified at § 648.76, are required to declare via VMS, prior to leaving port, and entering the Maine mahogany quahog zone, their intended fishing activity, unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)( *1* ).
(3)*Declaration out of surfclam and ocean quahog fisheries.* Owners or operators that are transiting between ports or fishing in a fishery other than surfclams and ocean quahogs must either declare out of fisheries or declare the appropriate fishery, if required, via the VMS unit, before leaving port. The owner or operator discontinuing a fishing trip in the EEZ or Maine mahogany quahog zone must return to port and offload any surfclams or ocean quahogs prior to commencing fishing operations in the waters under the jurisdiction of any state.
(4)*Inspection by authorized officer.* The vessel permits, the vessel, its gear, and catch shall be subject to inspection upon request by an authorized officer.
(5)*Authorization for use of fishing trip notification via telephone.* The Regional Administrator may authorize or require the notification of surfclam or ocean quahog fishing trip information via a telephone call to the NMFS Office of Law Enforcement nearest to the point of offloading, instead of the use of VMS. If authorized, the vessel owner or operator must accurately provide the following information prior to departure of his/her vessel from the dock to fish for surfclams or ocean quahogs in the EEZ: Name of the vessel; NMFS permit number assigned to the vessel; expected date and time of departure from port; whether the trip will be directed on surfclams or ocean quahogs; expected date, time, and location of landing; and name of individual providing notice. If use of a telephone call-in notification is authorized or required, the Regional Administrator shall notify affected permit holders through a letter, notification in the **Federal Register** , e-mail, or other appropriate means. 8. In § 648.75, paragraph
(a)is revised to read as follows: § 648.75 Cage identification.
(a)*Tagging.* Before offloading, all cages that contain surfclams or ocean quahogs must be tagged with tags acquired annually under paragraph
(b)of this section. A tag must be fixed on or as near as possible to the upper crossbar of the cage. A tag is required for every 60 ft 3 (1,700 L) of cage volume, or portion thereof. A tag or tags must not be removed until the cage is emptied by the processor, at which time the processor must promptly remove and retain the tag(s) for 60 days beyond the end of the calendar year, unless otherwise directed by authorized law enforcement agents. [FR Doc. E7-17898 Filed 9-10-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9358] RIN 1545-BC99 Treatment of Certain Nuclear Decommissioning Funds for Purposes of Allocating Purchase Price in Certain Deemed and Actual Asset Acquisitions AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations relating to the allocation of purchase price in certain deemed and actual asset acquisitions under sections 338 and 1060. These regulations affect sellers and purchasers of nuclear power plants or of the stock of corporations that own nuclear power plants. DATES: *Effective Date:* These regulations are effective September 11, 2007. *Applicability Date:* For dates of applicability, see §§ 1.338-6(c)(5)(vi) and 1.1060-1(e)(1)(ii)(C)( *4* ). FOR FURTHER INFORMATION CONTACT: Richard Starke at
(202)622-7790 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On September 16, 2004, the IRS and Treasury Department issued a notice of proposed rulemaking and temporary regulations in the **Federal Register** (69 FR 55740), modifying regulations under sections 338 and 1060 of the Internal Revenue Code (Code). The text of the temporary regulations was identical to the text of the proposed regulations. Sections 338 and 1060 and the regulations thereunder provide a methodology by which the purchase or sales price in certain actual and deemed asset acquisitions is computed and allocated among the assets acquired or treated as acquired. The regime employs a residual method of allocation that divides assets into seven classes and allocates the consideration to each of the first six classes in turn, up to the fair market value of the assets in the class. The residual amount is allocated to assets in the last class. The purchase price generally includes liabilities of the seller that are assumed by the purchaser. Those liabilities, however, must be treated as having been incurred by the purchaser. In order to be treated as having been incurred by the purchaser, in addition to other requirements, economic performance must have occurred with respect to the liability. In connection with the sale of a nuclear power plant, the assets sold by the seller and purchased by the purchaser may include the plant, equipment, operating assets, and one or more funds holding assets that have been set aside for the purpose of satisfying the owner's responsibility to decommission the nuclear power plant after the conclusion of its useful life (the decommissioning liability), and the purchaser may have agreed to satisfy the decommissioning liability. One or more of such funds may not be a fund described in section 468A. Such other funds are referred to as nonqualified funds. Contributions to nonqualified funds do not give rise to a deduction in the year of contribution. In addition, the assets of a nonqualified fund continue to be treated as assets of the contributor. The preamble to the proposed and temporary regulations concluded that the decommissioning liability will not satisfy the economic performance test until decommissioning occurs, and therefore that, as of the purchase date, it is not included in the purchase price that the purchaser allocates to the acquired assets. As a result, as of the purchase date, the purchase price to be allocated by the purchaser among the acquired assets may be significantly less than the fair market value of those assets. This situation will generally persist until economic performance with respect to the decommissioning liability is satisfied through decommissioning. Generally under the residual method, the purchase price is allocated to the nonqualified fund's assets, which are typically Class I and Class II assets, before it is allocated to the plant, equipment, and other operating assets, which are typically Class V assets. Because the purchase price does not reflect the decommissioning liability and is first allocated to the assets of the nonqualified fund, the purchase price allocated to the plant, equipment, and other operating assets may be less than their fair market value. To the extent the purchase price allocated to the plant, equipment, and other operating assets is less than their fair market value, the purchaser will not recover a tax benefit (that is, a depreciation deduction) for the decommissioning liability until economic performance occurs on decommissioning. To mitigate the tax effect of these decommissioning liabilities' not satisfying the statutory requirements for economic performance as to the purchaser, the temporary regulations added § 1.338-6T. That regulation provides that, for purposes of allocating purchase or sales price among the acquisition date assets of a target, a taxpayer may irrevocably elect to treat a nonqualified fund as if such fund were an entity classified as a corporation the stock of which were among the acquisition date assets of the target and a Class V asset. In these cases, for allocation purposes, the hypothetical subsidiary corporation is treated as bearing the responsibility for decommissioning to the extent assets of the fund are expected to be used for that purpose. A section 338(h)(10) election is treated as made for the hypothetical subsidiary corporation (regardless of whether the requirements for a section 338(h)(10) election are otherwise satisfied). The election converts the assets of the nonqualified fund from primarily Class I and Class II assets into stock of a hypothetical subsidiary corporation which is a Class V asset and allows the present cost of the decommissioning liability funded by the nonqualified fund, which otherwise cannot be taken into account for income tax purposes, to be netted against the fund assets for the sole purpose of valuing the stock of the hypothetical subsidiary corporation. Therefore, if the election is made, it is expected that a larger amount of the initial purchase price would be available to be allocated to the plant and other operating assets than if no such election had been made. However, in such a case, a much smaller amount of the initial purchase price would be available to be allocated to the assets of the nonqualified fund. Accordingly, a disposition of the nonqualified fund assets would likely result in current gain recognition. Explanation of Provisions and Summary of Comments A number of comments on the proposed regulations were received, the most significant of which are discussed below. No public hearing was requested nor held. Economic Performance Test The preamble to the proposed and temporary regulations discussed application of the economic performance test of section 461 to the assumption of decommissioning liabilities by the purchaser. Various commentators requested that, with respect to the purchaser of a nuclear power plant, the economic performance rules outlined in the proposed and temporary regulations be modified to provide that economic performance with respect to an assumed decommissioning liability be deemed to occur at the time of purchase rather than upon performance of the decommissioning activities. Specifically, commentators pointed out that the election in the proposed and temporary regulations will typically result in the purchaser holding the assets of the nonqualified fund with little or no tax basis, and subsequent investment reallocations undertaken during the course of portfolio management will result in gain recognition and a current tax liability. Further, the commentators noted that nonqualified trust agreements related to nuclear decommissioning obligations often require the trustees to remit to the purchasers, out of trust assets, the monies necessary to pay the purchasers' taxes resulting from the trusts' sales of assets. The commentators expressed concern that this requirement will result in fewer assets in the trust to be used to decommission the nuclear power plant because trustees will be required to either remit taxes from the fund or restrict changes in the fund's investment portfolio. The IRS and Treasury Department recognize that requiring the purchaser to satisfy the economic performance of a liability assumed in a purchase transaction can result in the deferral of the basis of the acquired assets in the hands of the purchaser. However, this result is not unique to the assumption of decommissioning liabilities and therefore, the economic performance concerns raised by commentators extend beyond the scope of these regulations. The final regulations adopt the rules provided in the proposed and temporary regulations which are consistent with the application of economic performance rules of section 461 to liabilities assumed by a purchaser. The Deemed Section 338(h)(10) Election Several of the commentators urge that, if the IRS and Treasury Department decline to change the position on economic performance, then the final regulations should eliminate the particular result of the § 1.338-6T(c)(5) election set forth in § 1.338-6T(c)(5)(i)(E). That provision deems a section 338(h)(10) election to be made with respect to the hypothetical subsidiary corporation that results from making the § 1.338-6T(c)(5) election. The deemed section 338(h)(10) election operates to eliminate any carryover of the historic basis in the assets in the nonqualified decommissioning fund from the seller to the buyer. The commentators maintain that, as a substitute for the § 1.338-6T(c)(5) election, the parties to the transaction could preserve the historic basis in the assets in the nonqualified fund by having the seller incorporate the nonqualified fund in a new subsidiary with the subsidiary assuming the appropriate portion of the decommissioning obligation long before the sale of the nuclear power plant. However, simply eliminating the deemed section 338(h)(10) election that results from making the § 1.338-6T(c)(5) election would not necessarily result in the same tax consequences to the parties as a transaction in which the seller incorporated the nonqualified fund in a new subsidiary prior to the sale of the nuclear power plant. The purchase of a subsidiary as opposed to an assumption of the decommissioning liability generally would result in tax accounting differences not only to the buyer but also the seller. Eliminating the deemed section 338(h)(10) election that results from making the § 1.338-6T(c)(5) election would have the effect of essentially accelerating economic performance with respect to an assumed nuclear decommissioning liability in a manner inconsistent with the economic performance rules of other assumed liabilities. Therefore, the final regulations adopt the deemed section 338(h)(10) election rule as provided in § 1.338-6T(c)(5)(i)(E). Another group of commentators urge that the § 1.338-6T(c)(5) election be made retroactively available prior to September 15, 2004. The allocation rules applicable under sections 338 and 1060 prior to September 15, 2004, however, were comprehensive, and the manner in which they operated was well known to participants in the nuclear power industry. Section 1.338-6T(c)(5) originally was proposed with a prospective effective date, and, while the members of the nuclear power industry at that time urged that § 1.338-6T(c)(5) be made available retroactively, the IRS and Treasury Department declined to do so because transactions negotiated prior to September 15, 2004, would have been based on the rules of § 1.338-6 without inclusion of § 1.338-6T(c)(5). Although the commentators state that the nuclear power industry is very competitive and that some purchasers who purchased nuclear power plants prior to September 15, 2004, might be at a disadvantage relative to those who purchased on or after September 15, 2004, these final regulations are only applicable prospectively so as not to retroactively alter the tax consequences of prior transactions. Finally, one commentator notes that § 1.338-6T(c)(5)(i)(D) treats the hypothetical subsidiary corporation as bearing responsibility for decommissioning only to the extent that assets of the fund are expected to be used for that purpose (the expected use standard). The commentator argues that proving the expected use of the nonqualified assets might be a contentious issue and prove difficult. The commentator proposes that, for purposes of clarity, the hypothetical subsidiary corporation should be treated as bearing the responsibility for decommissioning in an amount equal to the fair market value of the nonqualified fund assets at the time of the closing of the transaction (causing the stock of the hypothetical subsidiary corporation to be assigned a zero value). The commentator suggests that such an approach would eliminate the uncertainty contained in the expected use standard and ensure that no portion of the purchase price is allocated to the nonqualified assets. The IRS and Treasury Department believe, however, that the implementation of an approach that does not establish a connection between the fund assets and their expected use may lead to the over funding of nonqualified funds in certain circumstances and inappropriate allocations of basis. Accordingly, the final regulations retain the expected use standard. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations and pursuant to 5 U.S.C. 553(d)(3) it has been determined that that a delayed effective date is unnecessary because this rule finalizes currently effective temporary rules regarding the treatment of certain nuclear decommissioning funds for purposes of allocating purchase price in certain acquisitions without substantive change. It is hereby certified that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on the fact that these regulations will affect sellers and purchasers of nuclear power plants or the stock of corporations that own nuclear power plants in qualified stock purchases, which tend to be larger businesses. Therefore, a regulatory flexibility analysis is not required. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preceding these final regulations was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is Richard Starke, Office of the Associate Chief Counsel (Corporate). List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 is amended by removing the entries for Sections 1.338-6T and 1.1060-1T. Authority: 26 U.S.C. 7805. * * * **Par. 2.** Section 1.338-0 is amended by removing the entry in the list of captions for § 1.338-6T and by revising the entry in the list of captions for paragraph (c)(5) of § 1.338-6 to read as follows: § 1.338-0 Outline of topics. § 1.338-6 Allocation of ADSP and AGUB among target assets.
(c)* * *
(5)Allocation to certain nuclear decommissioning funds. **Par. 3.** Paragraph (c)(5) of § 1.338-6 is amended to read as follows: § 1.338-6 Allocation of ADSP and AGUB among target assets.
(c)* * *
(5)*Allocation to certain nuclear decommissioning funds* —(i) *General rule.* For purposes of allocating ADSP or AGUB among the acquisition date assets of a target (and for no other purpose), a taxpayer may elect to treat a nonqualified nuclear decommissioning fund (as defined in paragraph (c)(5)(ii) of this section) of the target as if—
(A)Such fund were an entity classified as a corporation;
(B)The stock of the corporation were among the acquisition date assets of the target and a Class V asset;
(C)The corporation owned the assets of the fund;
(D)The corporation bore the responsibility for decommissioning one or more nuclear power plants to the extent assets of the fund are expected to be used for that purpose; and
(E)A section 338(h)(10) election were made for the corporation (regardless of whether the requirements for a section 338(h)(10) election are otherwise satisfied).
(ii)*Definition of nonqualified nuclear decommissioning fund.* A *nonqualified nuclear decommissioning fund* means a trust, escrow account, Government fund or other type of agreement—
(A)That is established in writing by the owner or licensee of a nuclear generating unit for the exclusive purpose of funding the decommissioning of one or more nuclear power plants;
(B)That is described to the Nuclear Regulatory Commission in a report described in 10 CFR 50.75(b) as providing assurance that funds will be available for decommissioning;
(C)That is not a Nuclear Decommissioning Reserve Fund, as described in section 468A;
(D)That is maintained at all times in the United States; and
(E)The assets of which are to be used only as permitted by 10 CFR 50.82(a)(8).
(iii)*Availability of election.* P may make the election described in this paragraph (c)(5) regardless of whether the selling consolidated group (or the selling affiliate or the S corporation shareholders) also makes the election. In addition, the selling consolidated group (or the selling affiliate or the S corporation shareholders) may make the election regardless of whether P also makes the election. If T is an S corporation, all of the S corporation shareholders, including those that do not sell their stock, must consent to the election for the election to be effective as to any S corporation shareholder.
(iv)*Time and manner of making election.* The election described in this paragraph (c)(5) is made by taking a position on an original or amended tax return for the taxable year of the qualified stock purchase that is consistent with having made the election. Such tax return must be filed no later than the later of 30 days after the date on which the section 338 election is due or the day the original tax return for the taxable year of the qualified stock purchase is due (with extensions).
(v)*Irrevocability of election.* An election made pursuant to this paragraph (c)(5) is irrevocable.
(vi)*Effective/applicability date.* This paragraph (c)(5) applies to qualified stock purchases occurring on or after September 11, 2007. For qualified stock purchases occurring before September 11, 2007 and on or after September 15, 2004, see § 1.338-6T as contained in 26 CFR Part 1 in effect on April 1, 2007. For qualified stock purchases occurring before September 15, 2004, see § 1.338-6 as contained in 26 CFR Part 1 in effect on April 1, 2004. § 1.338-6T [Removed] **Par. 4.** Section 1.338-6T is removed. **Par. 5.** Section 1.1060-1 is amended by: 1. Revising in the *Outline of Topics* in paragraph (a)(3), the entry for paragraph (e)(1)(ii)(C). 2. Removing the last sentence of paragraph (c)(3) and adding four new sentences in its place. 3. Revising paragraph (e)(1)(ii)(C). The revisions read as follows: § 1.1060-1 Special allocation rules for certain asset acquisitions.
(a)* * *
(3)* * *
(e)* * *
(1)* * *
(ii)* * *
(C)Election described in § 1.338-6(c)(5).
(c)* * *
(3)*Certain costs.* * * * If an election described in § 1.338-6(c)(5) is made with respect to an applicable asset acquisition, any allocation of costs pursuant to this paragraph (c)(3) shall be made as if such election had not been made. The preceding sentence applies to applicable asset acquisitions occurring on or after September 11, 2007. For applicable asset acquisitions occurring before September 11, 2007, and on or after September 15, 2004, see § 1.1060-1T as contained in 26 CFR Part 1 in effect on April 1, 2007. For applicable asset acquisitions occurring before September 15, 2004, see §§ 1.338-6 and 1.1060-1 as contained in 26 CFR Part 1 in effect on April 1, 2004.
(e)* * *
(1)* * *
(ii)* * *
(C)*Election described in § 1.338-6(c)(5)* —( *1* ) *Availability.* The election described in § 1.338-6(c)(5) is available in respect of an applicable asset acquisition provided that the requirements of that section are satisfied. Such election may be made by the seller, regardless of whether the purchaser also makes the election, and may be made by the purchaser, regardless of whether the seller also makes the election. ( *2* ) *Time and manner of making election.* The election described in § 1.338-6(c)(5) is made by taking a position on a timely filed original tax return for the taxable year of the applicable asset acquisition that is consistent with having made the election. ( *3* ) *Irrevocability of election.* The election described in § 1.338-6(c)(5) is irrevocable. ( *4* ) *Effective/applicability date.* This paragraph (e)(1)(ii)(C) applies to applicable asset acquisitions occurring on or after September 11, 2007. For applicable asset acquisitions occurring before September 11, 2007 and on or after September 15, 2004, see § 1.1060-1T as contained in 26 CFR Part 1 in effect on April 1, 2007. For applicable asset acquisitions occurring before September 15, 2004, see §§ 1.338-6 and 1.1060-1 as contained in 26 CFR Part 1 in effect on April 1, 2004. § 1.1060-1T [Removed] **Par. 6.** Section 1.1060-1T is removed. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Dated: August 31, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-17817 Filed 9-10-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 24 [T.D. TTB-61; Re: T.D. TTB-17] RIN 1513-AA96 Materials and Processes Authorized for the Treatment of Wine and Juice (2004R-517P) AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury. ACTION: Final rule; Treasury decision. SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is adopting as a final rule, with minor technical changes, temporary regulations that revised the list of materials authorized for the treatment of wine and juice and the list of processes authorized for the treatment of wine, juice, and distilling material. The regulatory amendments involved the addition of new materials and processes and changes to the limitations on the use of certain approved materials. DATES: *Effective Date:* September 11, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco Tax and Trade Bureau, Regulations and Rulings Division, P.O. Box 18152, Roanoke, Virginia 24014; telephone 540-344-9333. SUPPLEMENTARY INFORMATION: Background Section 5382 of the Internal Revenue Code of 1986 (26 U.S.C. 5382) provides that proper cellar treatment of natural wine constitutes those practices and procedures that produce a finished product acceptable in good commercial practice. Section 5382 also authorizes the Secretary of the Treasury to prescribe, by regulation, limitations on the use of methods and materials for clarifying, stabilizing, preserving, fermenting, and otherwise correcting wine and juice. The regulations administered by the Alcohol and Tobacco Tax and Trade Bureau
(TTB)include, in 27 CFR part 24, provisions that implement these statutory requirements. Section 24.246 of the TTB regulations (27 CFR 24.246) lists materials authorized for the treatment of wine and juice; 27 CFR 24.247 lists materials authorized for the treatment of distilling material; and 27 CFR 24.248 lists processes authorized for the treatment of wine, juice, and distilling materials. Industry members wishing to experiment with, or commercially use, a treating material or process not specifically authorized in part 24 may file an application with TTB requesting authorization to use the new material or process. Standards regarding the experimental use of a new material or process are set forth in § 24.249 (27 CFR 24.249). The provisions covering applications for commercial use of a new material or process are contained in § 24.250 (27 CFR 24.250). Applications for commercial use must show that the proposed material or process is a cellar treatment consistent with good commercial practice. In general, good commercial practice includes addressing the reasonable technological or practical need to enhance the keeping, stability, or other qualities of the wine, and achieving the winemaker's desired effect but not creating an erroneous impression about the character and composition of the wine. Publication of Temporary Rule Over the past few years, TTB received and approved a number of applications for experimental or commercial use of various wine and juice treating materials and processes. TTB concluded that there appeared to be enough analytical data or other information on those materials and processes to add them to the lists of authorized materials and processes contained in §§ 24.246 and 24.248. Since we had already given administrative approval for the use of these materials and processes to some industry members for bottling and sale of wine under § 24.249(e), or for commercial use under § 24.250, we decided to make these additions to the lists through a temporary rule. This would allow domestic winemakers to use these treatments in the production of standard wine, pending final regulatory action, without first having to file an application under § 24.249 or § 24.250. Accordingly, on November 19, 2004, TTB published in the **Federal Register** (69 FR 67639) a temporary rule, T.D. TTB-17, revising the list of materials authorized for the treatment of wine and juice in § 24.246 and the list of processes authorized for the treatment of wine, juice, and distilling material in § 24.248. TTB also solicited comments from the public on the changes made by T.D. TTB-17. We discuss the submitted comments below under “Discussion of Comments.” The temporary rule added materials and processes, or revised existing listings, as follows. Wine and Juice Treating Materials in § 24.246 Acetaldehyde Acetaldehyde was added to the list. It is a natural byproduct of yeast metabolism and is used in grape juice to stabilize color prior to concentration. Residual acetaldehyde is removed during the concentration process so that the finished concentrate has no detectable level of acetaldehyde. Copper Sulfate Copper sulfate was already listed in § 24.246 for use in removing hydrogen sulfide and other mercaptans from wine. T.D. TTB-17 raised the allowable quantity of copper sulfate from 0.5 to 6 parts per million, but kept the allowable residual level at 0.5 part per million. Calcium Pantothenate Calcium pantothenate was added to the list. It is a yeast nutrient used to facilitate the fermentation of apple wine. Calcium pantothenate is a salt of pantothenic acid, one of the B complex vitamins. Carbohydrase (Pectinase, Cellulase, Hemicellulase) Enzyme Carbohydrase (pectinase, cellulase, hemicellulase) enzyme was added to the list under enzymatic activity. It is a mixed carbohydrase (pectinase, cellulase, hemicellulase) enzyme preparation derived from a nonpathogenic, nontoxigenic strain of *Aspergillus aculeatus* used to facilitate the separation of juice from fruit. The enzyme disintegrates fruit cell walls, resulting in a quicker and more complete release of juice. Cellulase Enzyme Preparation Cellulase (beta-glucanase) was added to the list under enzymatic activity. It is a cellulase enzyme preparation derived from *Tricoderma longibrachiatum* used to facilitate the clarification and filtering of wine. The preparation is best suited to treat wines that are difficult to filter, such as those produced from *Botrytis* -infected grapes. Lysozyme *Lysozyme* was added to the list under enzymatic activity. It is an enzyme, derived from egg white, used to limit malolactic bacterial growth during wine fermentation. Unchecked, malolactic bacterial growth can adversely affect a wine's taste and can halt or slow down fermentation. Lysozyme attacks and degrades the cell walls of gram-positive bacteria, such as *Lactobacillus, Pediococcus,* and *Leuconostoc.* It can greatly reduce the need for sulfur dioxide, which poses a health hazard to individuals allergic to sulfites. Milk Products Pasteurized whole or skim milk was already listed in § 24.246 as authorized for the fining of white grape wine or sherry. T.D. TTB-17 amended this listing to include half-and-half and to allow the fining of all grape wine, while keeping the approved usage rate at 0.2 percent of the volume of wine. T.D. TTB-17 also added as an authorized use the use of these milk products to remove off flavors in wine, subject to a usage rate not to exceed 1 percent of the volume of wine. Silica Gel (Colloidal Silicon Dioxide) Silica gel (colloidal silicon dioxide) was already listed in § 24.246 for use in clarifying wine. T.D. TTB-17 added the clarification of juice to its authorized uses, with the limitations on use remaining the same. Wine Treating Processes in § 24.248 Electrodialysis Electrodialysis was added to the list for use in removing excess tartrates from wine. The process consists of moving bulk wine past two membranes, one on either side of the wine. One membrane is selectively permeable to tartrate salts and the other, to calcium and potassium salts. As the wine passes between the two membranes, a water-based conductant passes on the other side of both membranes. As both liquids flow through the apparatus, a weak electrical current is introduced to cause the tartrate salts to migrate towards the positively charged membrane and the potassium and calcium salts to migrate toward the negatively charged membrane. As the tartrate, calcium, and potassium salts pass through the membranes, they enter the conductant stream and, when carried out of the apparatus, are discarded. Metal and Sulfide Reducing Matrix Sheets Metal and sulfide reducing matrix sheet processes were added to the list. The first of these two types of matrix filter sheets removes metals such as copper and iron from wine, while the second removes sulfides. Both types of sheets contain the active ingredient polyvinylimidazol (PVI), a terpolymer related to polyvinyl-polypyrrolidone (PVPP), already listed as an approved material in § 24.246. The PVI is immobilized in a cellulose matrix sheet and constitutes, at most, 40 percent of the weight of the sheet. Wine is passed through these sheets at a controlled flow rate using conventional filtering methods. Nanofiltration Nanofiltration was added to the list. It is used in combination with ion exchange to remove volatile acidity from bulk wine. The wine is drawn into a storage tank where it is pressurized and piped through a mechanical submicron filtration system using nanotechnology. The wine is separated into two streams: The first contains molecules of larger molecular weight, such as flavors, while the second contains molecules of smaller molecular weight, such as alcohol, water, and acetic acid. The second stream is passed through an ion exchange column, which selectively removes the acetic acid and allows the alcohol and water molecules to pass through. Upon exiting the ion exchange column, the second stream is recombined with the first stream. Osmotic Transport Osmotic transport was added to the list. It is used to reduce alcohol content in wine. The process involves two liquids, typically water solutions, which have different water vapor pressures. The solution to be treated—the “feed” solution—contains volatile components that are soluble or miscible in the receiving solution, or “stripping” solution. The membrane must be completely hydrophobic to prevent the stripping solution from passing through the membrane into the feed solution. Wine is pumped along one side of a completely hydrophobic, microporous membrane with water on the other side. The wine and the stripping solution run tangential to, and are separated by, the thin membrane. The difference in vapor pressure of the alcohol in the wine and that of the water-based stripping solution separates the alcohol and the stripping solution. The higher vapor pressure of the alcohol in the wine causes some of the alcohol to evaporate, to pass through the microporous membrane, and then to condense in the water-based stripping solution. The stripping solution is usually circulated across the membrane until the alcohol content of the feed wine and the stripping solution are essentially equal. The process is performed at ambient temperature without elevated pressure, other than just enough pressure to pump the wine. Since the separation of alcohol from a fermented substance is considered to be a distilling process, the new listing specifies that osmotic transport operations must be conducted at a distilled spirits plant premises rather than at a winery. Discussion of Comments During the public comment period, which closed on January 18, 2005, TTB received five comments on the temporary rule. The Enzyme Technical Association commented favorably on the addition of three new enzymes to the list of approved materials and provided additional technical information to support the use of these enzymes in wine. The association also noted two misspellings throughout T.D. TTB-17. The genus name of “ *Aspergillus aculeatus* ” was incorrectly spelled as “ *Aspergilius* ”; the species name of “ *Trichoderma longibrachiatum* ” was incorrectly spelled as “ *longibrachiatu* .” We are correcting the regulatory text in this final rule. BASF Corporation, which manufactures a product that removes heavy metals and sulfides from alcoholic beverages, submitted a comment requesting that no limit be placed on the amount of copper sulfate that may be added to wine, even though it supported retaining the specification at a residual level of copper sulfate in wine at 0.5 ppm. The commenter further requested that we not require that polyvinylimidazol (PVI), the active material in the sulfide and metal reducing matrix sheets, be used in sheets. TTB does not have analytical data or other information to assess these requests at this time. We also believe that adoption of such requests should be the subject of public notice and comment procedures. Accordingly, we believe that it would not be appropriate to include them in this final rule document. TTB received two comments regarding nanofiltration. The first commenter supported adding nanofiltration to the list of approved processes, stating that it has been safely used in several other countries for years. The second commenter opposed adding nanofiltration to the list, stating that it is a subcategory of reverse osmosis, an already approved process. The second commenter also stated that recognizing nanofiltration as a new technology will create confusion in the industry and “open a can of worms legally” because of the involved patents. In response to the opposing comment, we note that while nanofiltration and reverse osmosis may have some operational similarities, they have different uses and limitations for the treatment of wine. TTB believes it is appropriate to list these two items as separate treatments in the regulations. TTB's regulatory intent is to provide clarity as to what treatments and materials are authorized under 26 U.S.C. 5382, and our decision to list nanofiltration and reverse osmosis separately as wine treatments should not be perceived as a determination or implication regarding the coverage or validity of any patents. The E. & J. Gallo Winery submitted a comment opposing the regulatory requirement that osmotic transport be conducted at a distilled spirits plant rather than at a bonded winery. The winery stated that this requirement would preclude use of the technology by small wineries and in jurisdictions that do not allow distilling activities. Also, it noted that the alcoholic stripping solution is very low in alcohol, at times lower than 0.5 percent. Further, the commenter pointed out that in T.D. ATF-371, ATF allowed the use of reverse osmosis and ion exchange on bonded winery premises. That Treasury decision, states, in part: Normally, reverse osmosis must be done on distilled spirits plant premises because it is considered a distilling process resulting in a distilled spirits by-product. However, in this case, the various components of wine will only be created temporarily in a closed system and will be immediately recombined in-line to reconstitute the original wine minus VA. Consequently, ATF has concluded that this type of reverse osmosis may be conducted on bonded winery premises since no separate distilled spirits product is created as a final product or by-product. The winery contends that because the stripping solution could be either immediately disposed of or mixed with a wine byproduct, such as lees, it “would not be accumulated outside the closed system; it would be immediately destroyed or immediately rendered unpotable.” TTB does not agree that the osmotic transport process is sufficiently similar to the reverse osmosis and ion exchange process cited in T.D. ATF-371 so as to support the commenter's suggestion. The stripping solution is not recombined inline with the wine as in reverse osmosis and ion exchange, but instead is accumulated outside the system. TTB agrees that it may be appropriate in future rulemaking to reexamine the core issue raised in the comment, which is whether TTB should continue to require that processes that separate spirits from wine be conducted only at distilled spirits plants. TTB would give careful consideration to a petition requesting rulemaking on this subject. Such a petition should be addressed to the Administrator, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Washington, DC 20220. TTB Finding After careful review of the comments received, TTB has decided to adopt as a final rule the temporary regulations set forth in T.D. TTB-17, with the spelling corrections discussed above. In addition, we are making a small technical correction to the entry for “Milk products” in the table in § 24.246. For the sake of consistency, we are adding the word “product” after “pasteurized milk” in the “Reference or limitation” column. Inapplicability of the Delayed Effective Date Requirement Because these regulations relieve a restriction by authorizing additional materials and processes for the treatment of wine and because they are already in effect, it has been determined, pursuant to 5 U.S.C. 553(d)(1) and (3), that good cause exists to issue these regulations without a delayed effective date. Regulatory Flexibility Act We certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation provides greater flexibility to wine producers without imposing any new reporting, recordkeeping, or other administrative requirements. Therefore, no regulatory flexibility analysis is required. Executive Order 12866 This rule is not a significant regulatory action as defined by Executive Order 12866 (58 FR 51735). Therefore, it requires no regulatory assessment. Drafting Information The principal author of this document was Jennifer K. Berry, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau. However, other personnel participated in its development. List of Subjects in 27 CFR Part 24 Administrative practice and procedure, Claims, Electronic fund transfers, Excise taxes, Exports, Food additives, Fruit juices, Labeling, Liquors, Packaging and containers, Reporting and recordkeeping requirements, Research, Scientific equipment, Spices and flavoring, Surety bonds, Vinegar, Warehouses, Wine. The Regulatory Amendment For the reasons discussed in the preamble, the temporary rule published in the **Federal Register** at 69 FR 67639 on November 19, 2004, as T.D. TTB-17, is adopted as a final rule with the changes discussed above and set forth below: PART 24—WINE 1. The authority citation for part 24 continues to read as follows: Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173, 5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684, 6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342, 7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306. § 24.246 [Amended] 2. In the table in § 24.246: a. Under the heading for “Enzymatic activity,” in the entry for “Carbohydrase (pectinase, cellulase, hemicellulase),” in the column headed “Reference or limitation,” the word “ *Aspergilius* ” is removed and the word “ *Aspergillus* ;” is added in its place; b. Under the heading for “Enzymatic activity,” in the entry for “Cellulase (beta-glucanase),” in the column headed “Reference or limitation,” the word “ *longibrachiatu* ” is removed and the word “ *longibrachiatum* ” is added in its place; and c. In each entry under “Milk products,” in the column headed “Reference or limitation,” the word “product” is added after the words “pasteurized milk” wherever they appear. Signed: March 14, 2007. John J. Manfreda, Administrator. Approved: March 27, 2007. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). Editorial Note: This document was received at the Office of the Federal Register on September 6, 2007. [FR Doc. E7-17897 Filed 9-10-07; 8:45 am] BILLING CODE 4810-31-P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 53 [T.D. TTB-62] RIN 1513-AB25 Firearms Excise Tax; Exemption for Small Manufacturers, Producers, and Importers (2005R-449P) AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. SUMMARY: This final rule amends the regulations administered by the Alcohol and Tobacco Tax and Trade Bureau to reflect the small manufacturers excise tax exemption added by section 11131 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. Section 11131 amended section 4182 of the Internal Revenue Code of 1986 to exempt any pistol, revolver, or firearm from excise tax if it was manufactured, produced, or imported by a person who manufactures, produces, or imports less than an aggregate of 50 such articles during the calendar year. DATES: *Effective Date:* September 11, 2007. FOR FURTHER INFORMATION CONTACT: Karl O. Joedicke, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Washington, DC 20220; telephone 202-927-8210; or e-mail *Karl.Joedicke@ttb.gov* . SUPPLEMENTARY INFORMATION: Background Section 4181 of the Internal Revenue Code of 1986
(IRC)imposes a tax on the sale of firearms, shells, and cartridges by the manufacturer, producer, or importer. In addition, under section 4218 of the IRC, the use by a manufacturer, producer, or importer of firearms, shells, and cartridges is taxable as if it were a sale, except in limited circumstances. See 27 CFR 53.111 *et seq.* The tax is assessed at the rate of 10 percent of the sale price for pistols and revolvers, 11 percent of the sale price for firearms other than pistols and revolvers, and 11 percent of the sale price for shells and cartridges. The Alcohol and Tobacco Tax and Trade Bureau
(TTB)is responsible for administering the provisions of the IRC pertaining to the collection of the excise tax on firearms and ammunition. The TTB regulations relating to section 4181 and related provisions of the IRC are contained in part 53 of the TTB regulations (27 CFR part 53). Exemptions and Legislative Change Section 4182 of the IRC (26 U.S.C. 4182) provides for certain exemptions from the tax imposed by section 4181. Prior to October 1, 2005, those exemptions covered only sales to the Department of Defense and the Coast Guard (when purchased with funds appropriated for the military department), and transactions where the National Firearms Act Transfer Tax (imposed by IRC section 5811) had been paid. However, on August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59, 119 Stat. 1144 (the Act). Section 11131 of the Act added a new subsection
(c)to IRC section 4182 to exempt any pistol, revolver, or firearm from the tax imposed by section 4181 if it was manufactured, produced or imported by a person who manufactures, produces, or imports less than an aggregate of 50 such articles during the calendar year. Applicability and Restrictions The 50-Firearm Limitation If a person manufactures, produces, or imports 50 or more firearms during the calendar year, he or she would be liable for tax on the first 49 firearms sold, as well as on all additional firearms manufactured, produced, or imported for the remainder of the calendar year, regardless of when they are sold. Each Calendar Year Stands Alone The new exemption provision states that the tax under section 4181 does not apply to any pistol, revolver, or firearm described in section 4181 “if manufactured, produced, or imported by a person who manufactures, produces, and imports less than an aggregate of 50 of such articles during the calendar year.” Thus, application of this exemption is based on the calendar year in which the manufacture, production, or importation of the articles in question took place and does not depend on when the sale occurs. In addition, each calendar year stands alone for purposes of applying the exemption. The following examples illustrate application of this exemption: Example 1: Company A manufactures 20 firearms in calendar year 2006 but does not sell any of them in calendar year 2006. Company A then manufactures 40 firearms in calendar year 2007 and sells all 60 firearms (the 20 manufactured in 2006 plus the 40 manufactured in 2007) in 2007. Company A would not owe tax on the 60 firearms sold in 2007 since Company A manufactured only 20 of those firearms in calendar year 2006 and only 40 in calendar year 2007. Example 2: Company B imports 49 firearms in calendar year 2006, 49 firearms in calendar year 2007, and 20 firearms in calendar year 2008. Company B sells all 118 of these firearms in 2008. Company B would not owe tax on these 118 firearms since Company B imported less than 50 firearms in 2006, less than 50 firearms in 2007, and less than 50 firearms in 2008. Example 3: Company C manufactures 50 firearms in calendar year 2006, 50 firearms in calendar year 2007, and 20 firearms in 2008. Company C sells all 120 of these firearms in 2009. Company C would be liable for tax on 100 of these firearms (the 50 firearms manufactured in 2006 and the 50 firearms manufactured in 2007, but not the 20 firearms manufactured in 2008). Controlled Groups The new statutory provision incorporates the controlled group provisions of IRC section 52(a) and
(b)in determining whether the 50-gun exemption applies. Therefore, entities in the same controlled group must aggregate their manufacture, production, and importation figures in making this determination. Effective Date The subsection
(c)exemption applies only to articles sold by the manufacturer, producer, or importer after September 30, 2005. In this regard, section 11131(b) of the Act includes the following note to 26 U.S.C. 4182:
(2)*No inference.* Nothing in the amendments made by this section shall be construed to create any inference with respect to the proper tax treatment of any sales before the effective date of such amendments. The 50-gun exemption, therefore, does not affect the tax liability of a manufacturer, producer, or importer with respect to articles sold prior to October 1, 2005. Regulatory Flexibility Act Because a notice of proposed rulemaking is not required for this final rule under 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Executive Order 12866 This final rule is not a significant regulatory action as defined in Executive Order 12866. Accordingly, this final rule is not subject to the requirements of this Executive Order. Inapplicability of Prior Public Notice and Comment Procedures and Delayed Effective Date Requirement Based on the October 1, 2005, effective date of the statutory change in section 11131, TTB believes it must amend and conform its regulations to the statutory change contained in section 11131 of the Act as soon as practical. Without this regulatory amendment, the existing TTB regulations would not reflect the new tax exemption. Moreover, the regulatory amendment simply restates the requirements arising from the statutory amendment and recognizes an exemption. Therefore, we find that good cause exists to publish this final rule without notice, public comment, or delayed effective date because the regulatory amendment simply reflects the statutory exemption and requirements that are already effective. The promulgation of this regulation without notice, comment, or delayed effective date ensures that affected industry members will have knowledge of the regulatory requirements that will enable them to obtain the benefits of the statutory change. Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(1) and (3), a notice, public comment procedure, and delayed effective date are unnecessary. Drafting Information The principal author of this document is Karl O. Joedicke, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau. List of Subjects in 27 CFR Part 53 Arms and munitions, Electronic funds transfers, Excise taxes, Exports, Imports, Reporting and recordkeeping requirements. Amendment to the Regulations For the reasons discussed in the preamble, title 27, chapter I, part 53 of the Code of Federal Regulations is amended as follows: PART 53—MANUFACTURERS EXCISE TAXES—FIREARMS AND AMMUNITION 1. The authority citation for part 53 is revised to read as follows: Authority: 26 U.S.C. 4181, 4182, 4216-4219, 4221-4223, 4225, 6001, 6011, 6020, 6021, 6061, 6071, 6081, 6091, 6101-6104, 6109, 6151, 6155, 6161, 6301-6303, 6311, 6402, 6404, 6416, 7502, 7805. 2. Section 53.62 is amended by adding a new paragraph
(c)to read as follows: § 53.62 Exemptions.
(c)*Small manufacturers, producers, and importers* —(1) *Exemption.* Section 4182(c) of the Code provides that the tax imposed by section 4181 of the Code shall not attach to any pistol, revolver, or firearm manufactured, produced, or imported by a person who manufactures, produces, and imports less than an aggregate of 50 of those articles during the calendar year, regardless of when the articles are sold.
(2)*Controlled groups.* All persons treated as a single employer for purposes of subsection
(a)or
(b)of section 52 of the Code are treated as one person for purposes of paragraph (c)(1) of this section.
(3)*Applicability.* The exemption described in paragraph (c)(1) of this section applies to articles sold by the manufacturer, producer, or importer after September 30, 2005. Application of this exemption is based on the calendar year in which the manufacture, production, or importation of the articles in question took place and does not depend on when the sale occurs. In addition, each calendar year stands alone for purposes of applying the exemption. Signed: May 9, 2007. John J. Manfreda, Administrator. Approved: July 11, 2007. Timothy E. Skud, Deputy Assistant Secretary Tax, Trade, and Tariff Policy. Editorial Note: This document was received at the Office of the Federal Register on September 6, 2007. [FR Doc. E7-17901 Filed 9-10-07; 8:45 am] BILLING CODE 4810-31-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. CGD05-07-085] RIN 1625-AA00 Safety Zone; Chesapeake Bay, Susquehanna River, Havre de Grace, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone in waters of the Susquehanna River within a 50-yard radius of pier number 5 of the old US-40 Highway bridge (bridge number 1206000). The bridge is located at approximate position latitude 39°33′11″ N, longitude 076°05′09″ W. This safety zone is necessary to provide for the safety of life, property and the environment on navigable waters of the U.S. This safety zone restricts the movement of vessels in a portion of the Susquehanna River, in order to facilitate the marking as a hazard to navigation and the removal of the heavily damaged abandoned masonry bridge pier structure located near Havre de Grace, in Harford County, Maryland. DATES: This rule is effective from 12 p.m. on August 27, 2007, until 12 p.m. on September 24, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05-07-085 and are available for inspection or copying at Commander, U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Waterways Management Division, at
(410)576-2674. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after publication in the **Federal Register** . Publishing an NPRM and delaying its effective date would be contrary to the public interest, because there is not sufficient time to publish a proposed rule in advance of the event and immediate action is needed to protect persons and vessels against the hazards associated with a heavily-damaged masonry bridge pier structure located adjacent to the navigation channel and its removal. Such hazards include further damage to the structure by mariners and the possible collapse of the structure with falling stone debris. Background and Purpose On August 23, 2007, the Captain of the Port Baltimore, Maryland was notified by the Maryland State Highway Administration that during an inspection of an adjacent highway bridge a contracted bridge inspector noticed that further damage to pier number 5 of the old US-40 Highway bridge (bridge number 1206000) existed three or four days prior. The pier number 5 bridge structure was damaged in May 2005. The bridge pier is among a line of 12 other similar structures crossing the Susquehanna River between Harford County, Maryland and Cecil County, Maryland. Due to the need for vessel control during the marking of the bridge as a hazard to navigation and the removal of the damaged bridge pier, which is expected to last between two and three weeks, maritime traffic will be temporarily restricted from using the western portion of the navigation channel to provide for the safety of transiting vessels. Discussion of Rule The Coast Guard is establishing a temporary safety zone on waters of the Susquehanna River within a 50-yard radius of pier number 5 of the old US-40 Highway bridge (bridge number 1206000), located at approximate position latitude 39°33′11″ N, longitude 076°05′09″ W. The temporary safety zone will be effective from 12 p.m. on August 27, 2007, until 12 p.m. on September 24, 2007. The State of Maryland is expected to temporarily establish six orange and white cylindrical regulatory marker buoys with the words “DANGER KEEP OUT” during bridge removal operations. This safety zone is needed to control vessel traffic and to enhance the safety of transiting vessels during the marking of the bridge as a hazard to navigation and the removal of the damaged bridge pier, no person or vessel may enter or remain in the safety zone. Vessels will be allowed to transit the waters of the Susquehanna River outside the safety zone. Additionally, the Captain of the Port will cease enforcement of this zone in the event the removal operations terminate prior to the end of the effective period. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although this rule prevents traffic from transiting a portion of the Susquehanna River during the event, the effect of this rule will not be significant due to the limited size of the safety zone, and the extensive notifications that will be made to the maritime community via marine information broadcasts, so mariners can adjust their plans accordingly. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Susquehanna River from 12 p.m. on August 27, 2007, until 12 p.m. on 24 September 2007. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. The safety zone is limited in size and will only apply to a portion of the Susquehanna River within the western side of the navigation channel. Vessel traffic not constrained by its draft, which small entities usually are, will be able to safely pass around the zone. The Coast Guard will continue to issue maritime advisories, updating the status and progress of the activity, making them widely available to users of the waterway. Additionally, the Captain of the Port will cease enforcement of this zone in the event the removal operations terminate prior to the end of the effective period. Therefore, Coast Guard certifies under section 605
(b)of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) that this temporary final rule will not have a significant economic impact on a substantial number of small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05-085 to read as follows: § 165.T05-085 Safety Zone; Chesapeake Bay, Susquehanna River, Havre de Grace, MD.
(a)Location. The following area is a safety zone: All waters located in the Susquehanna River, within a 50-yard radius of pier number 5 of the old US-40 Highway bridge (bridge number 1206000), located at approximate position latitude 39°33′11″ N, longitude 076°05′09″ W (North American Datum 1983).
(b)Regulations. All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part.
(1)All vessels and persons are prohibited from entering this zone, except as authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
(2)Persons or vessels requiring entry into or passage within the zone must request authorization from the Captain of the Port or his designated representative by telephone at
(410)576-2693 or on marine band radio channel 16 VHF-FM.
(3)All Coast Guard assets enforcing this safety zone can be contacted on marine band radio channels 13 and 16 VHF-FM.
(4)The operator of any vessel within or in the immediate vicinity of this safety zone shall:
(i)Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign, and
(ii)Proceed as directed by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign.
(c)Definitions. The Captain of the Port means the Commander, Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf.
(d)Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zones by Federal, State and local agencies.
(e)Enforcement period. This section will be enforced from 12 p.m. on August 27, 2007, until 12 p.m. on September 24, 2007. In the event removal operations are completed prior to 12 p.m. on September 24, 2007, the Captain of the Port may cease enforcement of this regulation at that time. Dated: August 27 2007. Brian D. Kelley, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. E7-17816 Filed 9-10-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2006-1023; FRL-8464-8] Approval and Promulgation of Air Quality Implementation Plans; Minnesota AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a site-specific revision to the Minnesota State Implementation Plan
(SIP)for particulate matter less than 10 microns (PM-10) for Lafarge North America Corporation (Lafarge), Childs Road Terminal located in Saint Paul, Ramsey County, Minnesota. In its December 18, 2006, submittal, the Minnesota Pollution Control Agency
(MPCA)requested that EPA approve certain conditions contained in Lafarge's federally enforceable state operating permit (FESOP) into the Minnesota PM SIP. The request is approvable because it satisfies the requirements of the Clean Air Act (Act). We are also taking action on Minnesota's request to revoke the Administrative Order for Lafarge that EPA had previously approved into the Minnesota SIP. The rationale for the approval and other information are provided in this rulemaking action. DATES: This direct final rule will be effective November 13, 2007, unless EPA receives adverse comments by October 11, 2007. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-OAR-2006-1023, by one of the following methods: 1. *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail:* *mooney.john@epa.gov.* 3. *Fax:*
(312)886-5824. 4. *Mail:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. *Hand Delivery:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office 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-R05-OAR-2006-1023. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or e-mail. The 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 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. *Docket:* All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Christos Panos, Environmental Engineer, at
(312)353-8328 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312)353-8328, *panos.christos@epa.gov* SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows: I. General Information 1. What Is the Background for This Action? 2. Why Is EPA Taking This Action? 3. What Is a “Title I Condition?'' II. What Action Is EPA Taking? III. Statutory and Executive Order Reviews I. General Information 1. What Is the Background for This Action? The Lafarge Childs Road Terminal is located at 2145 Childs Road in Saint Paul, Ramsey County, Minnesota. Minnesota originally submitted Administrative Orders for the Lafarge Childs Road Terminal as part of the PM-10 SIP for Ramsey County in 1991 and 1992. These Administrative Orders contain the PM-10 emission limits and operating restrictions imposed on the facility to provide for attainment and maintenance of the PM-10 NAAQS. Subsequent revisions to the Administrative Orders were submitted in 1994 and 1997. The following Lafarge Childs Road Terminal Administrative Order revisions have been approved into the Minnesota PM-10 SIP:
(1)Second Amended Findings and Order, dated and effective November 30, 1992, approved into the SIP February 15, 1994 (60 FR 7218);
(2)Amendment One to Second Amended Findings and Order, dated and effective December 21, 1994, approved into the SIP June 13, 1995 (60 FR 31088); and,
(3)Amendment Two to Second Amended Findings and Order, dated and effective September 23, 1997, approved into the SIP February 8, 1999 (64 FR 5936). The SIP revision submitted by MPCA on December 18, 2006, consists of a FESOP issued to the Lafarge Childs Road Terminal, which serves as a joint Title I/FESOP document. The PM-10 control measures, recordkeeping and reporting requirements contained in the Administrative Orders previously approved in the PM-10 SIP are now identified as “Title I condition: SIP for PM-10 NAAQS” in the joint Title I/FESOP document. The state has requested that EPA approve the following:
(1)The inclusion into the Minnesota PM SIP only the portions of Minnesota Air Emission Permit No. 12300391-002, issued to Lafarge North America Corporation—Childs Road Terminal on November 17, 2006, cited as “Title I condition: SIP for PM-10 NAAQS''; and,
(2)that the Administrative Orders for Lafarge—Childs Road Terminal currently included in Minnesota's PM-10 SIP be subsequently revoked. Minnesota held a public hearing regarding the SIP revision and the joint Title I/FESOP document on November 16, 2006. No comments were received at the public meeting and only EPA provided comments during the 30 day public comment period. 2. Why Is EPA Taking This Action? EPA is taking this action because:
(1)Lafarge has proposed changes to the allowable methods for delivery of cementitious products which require changes to certain SIP conditions; and
(2)EPA and the state have agreed to the transfer of SIP requirements from Administrative Orders into joint Title I/Title V-FESOP documents. Further, the state's request provides for attainment and maintenance of the PM-10 National Ambient Air Quality Standards (NAAQS) and satisfies the applicable PM-10 requirements of the Act. Lafarge receives, transfers, stores, and ships cementitious products. The PM-10 emission sources contained in the SIP for Lafarge include a Barge Aeration Unit, the Vacuum Pump Exhaust and the Silo Storage System. The barge-to-silo operations and related equipment have been removed since the issuance of the original Administrative Order. Six storage silos remain in operation at Childs Road Terminal for storing cementitious material, with delivery and transport of the material by truck. Proposed changes to Childs Road Terminal include the installation of a new rail siding for rail delivery of material to the silos, the installation of a related railcar-to-silo pneumatic conveyance, the redesign of the pneumatic conveyance system to allow dedicated use of Silos Nos. 1 and 2, and the installation of new pollution control devices (a low temperature fabric filter) on each of the two dedicated silos. Operation of the remaining Silos Nos. 3-6, also equipped with a fabric filter, remain unchanged with truck unloading. The original air quality dispersion modeling for the SIP and the initial Administrative Order were based on Lafarge's 1995 annual throughput of material of 120,000 tons per year (tpy). The 2004 annual throughput was 11,280 tons with a 2005 reported annual throughput of 24,454 tons. Annual throughput is expected to increase to 26,600 tpy in 2009 after installation of the proposed changes. Revised air dispersion modeling was conducted using the AERMOD model to ensure continued attainment of the PM-10 NAAQS in the area. Based on the modeling results, the FESOP limits Lafarge to a maximum daily throughput of 1,100 tons per day using a 24-hour rolling average and an annual throughput of 100,000 tpy, using a 12-month rolling average. The modeling analysis also included PM-10 emissions from the nearby Metropolitan Council Environmental Services wastewater treatment plant, in combination with a conservative background concentration, and predicted a 24-hour concentration of 146.2 micrograms per cubic meter (μg/m 3 ) and an annual concentration of 41.3 μg/m 3 , therefore demonstrating attainment of the PM-10 NAAQS. 3. What Is a “Title I Condition?” SIP control measures were contained in permits issued to culpable sources in Minnesota until 1990 when EPA determined that limits in state-issued permits are not federally enforceable because the permits expire. The state then issued permanent Administrative Orders to culpable sources in nonattainment areas from 1991 to February of 1996. Minnesota's consolidated permitting regulations, approved into the state SIP on May 2, 1995 (60 FR 21447), includes the term “Title I condition” which was written, in part, to satisfy EPA requirements that SIP control measures remain permanent. A “Title I condition” is defined as “any condition based on source-specific determination of ambient impacts imposed for the purposes of achieving or maintaining attainment with the national ambient air quality standard and which was part of the state implementation plan approved by EPA or submitted to the EPA pending approval under section 110 of the act * * *.” The rule also states that “Title I conditions and the permittee's obligation to comply with them, shall not expire, regardless of the expiration of the other conditions of the permit.” Further, “any title I condition shall remain in effect without regard to permit expiration or reissuance, and shall be restated in the reissued permit.” Minnesota has also initiated using joint Title I/Title V-FESOP documents as the enforceable document for imposing emission limitations and compliance requirements in SIPs. The SIP requirements in joint Title I/Title V-FESOP documents submitted by MPCA are cited as “Title I conditions,” therefore ensuring that SIP requirements remain permanent and enforceable. EPA reviewed the state's procedure for using joint Title I/Title V-FESOP documents to implement site-specific SIP requirements and found it to be acceptable under both titles I and V of the Act (July 3, 1997 letter from David Kee, EPA, to Michael J. Sandusky, MPCA). Further, a June 15, 2006, letter from EPA to MPCA clarifies procedures to transfer requirements from Administrative Orders to joint Title I/Title V-FESOP documents. II. What Action Is EPA Taking? EPA is approving into the Minnesota PM-10 SIP a joint Title I/FESOP document which contains certain portions of Minnesota Air Emission Permit No. 12300391-002, issued to Lafarge North America—Childs Road Terminal on November 17, 2006. Specifically, EPA is only approving into the SIP those portions of the joint Title I/FESOP document cited as “Title I condition: SIP for PM-10 NAAQS.” In addition, EPA is withdrawing from the Minnesota PM-10 SIP the November 30, 1992, Administrative Order and the December 21, 1994, and September 23, 1997, revisions to the Administrative Order for Lafarge Childs Road Terminal. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this **Federal Register** publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective November 13, 2007 without further notice unless we receive relevant adverse written comments by October 11, 2007. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective November 13, 2007. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4). This 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 approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This 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 approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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 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.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 13, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 29, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart Y—Minnesota 2. In § 52.1220 the table in paragraph
(d)is amended by revising the entry for “Lafarge Corp., Childs Road facility” to read as follows: § 52.1220 Identification of plan.
(d)* * * EPA-Approved Minnesota Source-Specific Permits Name of Source Permit No. State effective date EPA approval date Comments * * * * * * * Lafarge North America Corporation, Childs Road Terminal 12300391-002 11/17/07 9/11/07 [Insert page number where the document begins] Only conditions cited as “Title I condition: SIP for PM-10 NAAQS.” * * * * * * * [FR Doc. 07-4380 Filed 9-10-07; 8:45 am]
Connectionstraces to 37
Traces to 37 documents
18 references not yet in our index
  • 14 CFR 39
  • 15 CFR 902
  • 50 CFR 648
  • 26 CFR 1
  • T.D. 9358
  • 27 CFR 24
  • 27 CFR 53
  • Pub. L. 109-59
  • 119 Stat. 1144
  • 33 CFR 165
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 107-295
  • 40 CFR 52
  • Pub. L. 104-4
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U.S.C.§ 106
C.F.R.§ 43.16
C.F.R.§ 39.19
U.S.C.§ 3501
U.S.C.§ 1801
U.S.C.§ 553
U.S.C.§ 7805
Cite14 CFR 39
Cite15 CFR 902
Cite50 CFR 648
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