Unknown. Affirmation of interim rule as final rule

20,282 words·~92 min read·/register/2007/09/13/07-4498

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-2007-09-13.xml --- 72 177 Thursday, September 13, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Pine shoot beetle, 52281 E7-18056 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Civil Civil Rights Commission NOTICES Meetings;

Sunshine Act, 52344 07-4578 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Nawiliwili Harbor, Kauai, HI Correction, 52281-52282 E7-18024 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings: Global Markets Advisory Committee, 52357 E7-18090 Defense Defense Acquisition Regulations System RULES Acquisition regulations:

Government property; reporting requirements, 52293-52299 E7-18039 Defense Defense Department See Defense Acquisition Regulations System NOTICES Committees; establishment, renewal, termination, etc.: U.S. Southern Command Advisory Group; termination, 52357-52358 07-4500 Economic Economic Analysis Bureau PROPOSED RULES International services survey: BE-11; U.S. direct investment abroad; annual survey, 52316-52319 E7-18036 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Rehabilitation Long-Term Training Program, 52358-52369 E7-18087 E7-18089 E7-18092 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Delaware, 52285-52286 E7-17872 Indiana, 52286-52289 E7-17881 Kentucky, 52282-52285 E7-17628 West Virginia, 52289-52293 E7-17874 PROPOSED RULES Air programs: Stratospheric ozone protection— Class I ozone-depleting substances; global laboratory and analytical use exemption extension, 52332-52337 E7-18095 Air quality implementation plans; approval and promulgation; various States:

Indiana, 52320 E7-17880 Kentucky, 52319-52320 E7-17630 Ohio, 52320-52324 E7-18061 Pennsylvania, 52325-52332 E7-18057 West Virginia, 52325 E7-17876 NOTICES Air programs: Air quality criteria— Carbon monoxide; integrated science assessment, 52369-52371 E7-18100 Committees; establishment, renewal, termination, etc.: National Drinking Water Advisory Council, 52371 E7-18065 Meetings: Science Advisory Board, 52371-52372 E7-18059 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 52372 07-4489 Farm Farm Credit Administration PROPOSED RULES Farm credit system:

Federal Agriculture Mortgage Corporation funding and fiscal affairs— Risk-based capital requirements, 52301-52309 E7-18014 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 52309-52311 E7-18046 Boeing, 52314-52316 E7-18049 Dassault, 52311-52314 E7-18045 FCC Federal Communications Commission PROPOSED RULES Radio stations; table of assignments: Illinois, 52337-52338 E7-17866 Oregon, 52338-52339 E7-17892 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52372-52377 E7-17861 E7-18062 E7-18063 Meetings;

Sunshine Act, 52377-52378 07-4559 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; vision requirement exemptions, 52419-52424 E7-18074 E7-18083 E7-18085 Motorcoach passengers; pre-trip safety information, 52424-52428 E7-18088 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 52378 E7-18044 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Appalachian monkeyface mussel et al., 52434-52461 07-4320 NOTICES Endangered and threatened species: Recovery plans— Carson wandering skipper, 52386 E7-18042 Food Food and Drug Administration NOTICES Medical devices: Premarket approval applications, list; safety and effectiveness summaries availability, 52380-52382 E7-18034 Foreign Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 52394-52395 07-4558 Forest Forest Service NOTICES Recreation fee areas: Shasta-Trinity National Forest, CA; camping and day-use fees, 52344 07-4494 Health Health and Human Services Department See Food and Drug Administration NOTICES Meetings:

American Health Information Community, 52378-52380 07-4502 07-4506 07-4507 Vital and Health Statistics National Committee, 52380 07-4508 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Meetings: Delaware and Lehigh National Corridor Commission, 52385 07-4493 IRS Internal Revenue Service PROPOSED RULES Excise taxes:

Pension excise taxes— Health savings accounts; employer comparable contributions; hearing, 52319 E7-18037 International International Trade Administration NOTICES Antidumping: Automotive replacement glass windshields from— China, 52344-52345 E7-18069 Glycine from— Japan, 52349-52355 E7-18080 Korea, 52345-52349 E7-18071 Petroleum wax candles from— China, 52355-52357 E7-18068 Justice Justice Department See Foreign Claims Settlement Commission NOTICES Pollution control; consent judgments:

Premier Industries, Inc., 52393 07-4486 Teledyne Technologies Inc., 52394 07-4487 United Park City Mines Co., 52394 07-4488 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18051 52395-52397 E7-18070 E7-18072 Land Land Management Bureau NOTICES Public land orders: Wyoming, 52386 E7-18055 Survey plat filings: Wyoming, 52386-52387 E7-18047 Management Management and Budget Office NOTICES Federal Activities Inventory Reform Act of 1998; implementation:

Agency inventories of activities that are and are not inherently governmental; availability, 52399 E7-18028 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Ithaco Space Systems, 52397 E7-18008 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 52398 E7-18109 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:

BMW of North America, LLC, 52428-52430 07-4501 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 52299-52300 07-4498 PROPOSED RULES Marine mammals: Scientific research and enhancement activities— Permits; issuance criteria, 52339-52343 E7-18106 NOTICES Committees; establishment, renewal, termination, etc.: Science Advisory Board, 52357 E7-18097 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.:

Alutiiq Museum and Archaeological Repository, Kodiak, AK, 52387-52388 E7-18107 Cincinnati Museum Center, OH, 52388 E7-18105 Fowler Museum of Cultural History, University of California, Los Angeles, CA, 52388-52389 E7-18101 School for Advanced Research, Santa Fe, NM, 52389-52390 E7-18099 Southwest Museum of the American Indian, Autry National Center, Los Angeles, CA, 52390-52391 E7-18103 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 52391-52393 E7-18091 E7-18102 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 52398-52399 E7-18020 Office Office of Management and Budget See Management and Budget Office Presidential Presidential Documents ADMINISTRATIVE ORDERS Terrorist attacks; continuation of national emergency with respect to certain (Notice of September 12, 2007), 52463-52465 07-4593 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 52399-52400 E7-18081 Securities:

Broker-dealers; prompt customer check transmissions for purchase of deferred variable annuity contracts; conditional exemption, 52400-52401 E7-18023 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc, 52401-52403 E7-18076 Financial Industry Regulatory Authority, Inc., 52403-52416 E7-18022 E7-18075 National Securities Clearing Corp., 52416-52418 E7-18077 State State Department NOTICES Culturally significant objects imported for exhibition: Arts of Kashmir, 52418 E7-18082 Fragile Diplomacy;

Meissen Porcelain for European Courts, 52418 E7-18093 Organization, functions, and authority delegations: Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, 52418 E7-18094 Surface Surface Transportation Board NOTICES Railroad services abandonment: Kansas City Southern Railway Co., 52430 E7-17674 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 52430-52432 E7-18096 Customs U.S.

Customs and Border Protection NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18001 52382-52385 E7-18002 E7-18005 E7-18007 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 52434-52461 07-4320 Part III Executive Office of the President, Presidential Documents, 52463-52465 07-4593 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. 72 177 Thursday, September 13, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0067] Pine Shoot Beetle; Addition of Cumberland County, NJ, to the List of Quarantined Areas AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding Cumberland County in New Jersey to the list of quarantined areas. We took that action following the detection of pine shoot beetle in the county. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

DATES: Effective on September 13, 2007, we are adopting as a final rule the interim rule that was published at 72 FR 34161-34163 on June 21, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-5705. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR 301.50 through 301.50-10 (referred to below as the regulations) restrict the interstate movement of certain regulated articles from quarantined areas in order to prevent the spread of pine shoot beetle into noninfested areas of the United States. Areas quarantined for pine shoot beetle are listed in § 301.50-3. In an interim rule 1 effective and published in the **Federal Register** on June 21, 2007 (72 FR 34161-34163, Docket No. APHIS-2007-0067), we amended the regulations in § 301.50-3 by adding Cumberland County in New Jersey to the list of quarantined areas. 1 To view the interim rule, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0067.* Comments on the interim rule were required to be received on or before August 20, 2007. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 72 FR 34161-34163 on June 21, 2007. Done in Washington, DC, this 7th day of September 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-18056 Filed 9-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2007-29153] RIN 1625-AA87 Security Zone; Hawaii Superferry Arrival/Departure, Nawiliwili Harbor, Kauai, HI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; correction. SUMMARY: This document corrects the spelling of a shipping facility and vessel and corrects the point of contact in a temporary final rule entitled “Security Zone; Hawaii Super Ferry Arrival/Departure, Nawiliwili Harbor, Kauai, Hawaii” that was published September 5, 2007, in the **Federal Register** . DATES: These corrections are effective September 13, 2007. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jasmin Parker, U.S. Coast Guard Sector Honolulu at 808-842-2673. SUPPLEMENTARY INFORMATION: On September 5, 2007, the Coast Guard published a temporary final rule entitled “Security Zone; Hawaii Super Ferry Arrival/Departure, Nawiliwili Harbor, Kauai, Hawaii” in the **Federal Register** (72 FR 50877). In that document the name of a shipping facility is misspelled, the term “superferry” is presented as two words rather than one, and the name of the person to contact about further information on the rule is incorrect. The correct spelling of the shipping facility is “Matson” and the name and phone number of the person to contact for further information is Lieutenant (Junior Grade) Jasmin Parker, 808-842-2673. Correction Instructions In rule FR Doc. 07-4357 published on September 5, 2007, (72 FR 50877) make the following corrections: 1. On page 50877, in the first column, in lines 7, 24, 29 and 30, remove “Super Ferry” and add, in its place, “Superferry”; in lines 60 and 61, remove the name “Laura Springer” and add, in its place, the name “Jasmin Parker”; and in line 62 remove the number “2600” and add, in its place, the number “2673”. 2. On page 50877, in the second column, in lines 7, 19, 48, and 49, remove “Super Ferry” and add, in its place, “Superferry”; in line 61, remove “Madsen” and add, in its place, “Matson”. 3. On page 50877, in the third column, in lines 14, 26, 40, 49, 63, 65, and 66, remove “Super Ferry” and add, in its place, “Superferry”. 4. On page 50878, in the second column, in line 14, remove the name “Laura Springer” and add, in its place, the name “Jasmin Parker”; and in line 16, remove the number “2600” and add, in its place, “2673”. § 165.T14-160 [Corrected] 5. On page 50879, in the second column, in § 165.T14-160, in paragraph (b), in the fourth, sixth and seventh lines, and in paragraph (c)(3), in the eleventh line, remove “Super Ferry” and add, in its place, “Superferry”. Dated: September 7, 2007. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E7-18024 Filed 9-12-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2006-0650-200705(a); FRL-8464-2] Approval and Promulgation of Implementation Plans, Kentucky Volatile Organic Compound Definition Updates AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve a revision to the Kentucky State Implementation Plan

(SIP)submitted by the Kentucky Environmental and Public Protection Cabinet (Cabinet) on December 14, 2006. The revisions include changes to the definitions section of Kentucky's Air Quality Regulations. The definition of volatile organic compounds

(VOCs)was updated to be consistent with the federal definition. DATES: This direct final rule is effective November 13, 2007 without further notice, unless EPA receives adverse comment by October 15, 2007. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2006-0650 by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: lesane.heidi@epa.gov.* 3. *Fax:* 404-562-9019. 4. *Mail:* “EPA-R04-OAR-2006-0650” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Heidi LeSane Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. *Instructions:* Direct your comments to Docket ID No. “EPA-R04-OAR-2006-0650.” 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 through *www.regulations.gov* or e-mail information that you consider to be CBI or otherwise protected. 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. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Heidi LeSane Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is

(404)562-9074. Ms. LeSane can also be reached via electronic mail at *lesane.heidi@epa.gov.* SUPPLEMENTARY INFORMATION: I. Today's Action On December 14, 2006, the Commonwealth of Kentucky, through the Cabinet, submitted seven amended air quality regulations for review and approval into the Kentucky SIP. All of the changes are related to the definition of VOCs, which was updated to be consistent with the federal definition found at 40 Code of Federal Regulations

(CFR)51.100(s). The following Air Quality Regulation citations address the definition of VOCs: 401 KAR 50:010, “Definitions for 401 KAR Chapter 50;” 401 KAR 51:001, “Definitions for 401 KAR Chapter 51;” 401 KAR 52:001, “Definitions for 401 KAR Chapter 52;” 401 KAR 59:001, “Definitions for 401 KAR Chapter 59;” 401 KAR 61:001, “Definitions for 401 KAR Chapter 61;” 401 KAR 63.001, “Definitions for 401 KAR Chapter 63;” and 401 KAR 65:001, “Definitions for 401 KAR Chapter 65.” Changes to each of these regulations are included as part of the December 2006 SIP revision now being approved into the Kentucky SIP. II. Background Tropospheric ozone, commonly known as smog, occurs when VOCs and nitrogen oxides (NO X ) react in the atmosphere. Because of the harmful health effects of ozone, EPA limits the amount of VOCs and NO X that can be released into the atmosphere. VOCs are those compounds of carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, or carbonates, and ammonium carbonate) which form ozone through atmospheric photochemical reactions. Compounds of carbon (or organic compounds) have different levels of reactivity; they do not react at the same speed, or do not form ozone to the same extent. Consistent with EPA policy, compounds of carbon with a negligible level of reactivity need not be regulated to reduce ozone (see, 42 FR 35314, July 8, 1977). EPA determines whether a given carbon compound has “negligible” reactivity by comparing the compound's reactivity to the reactivity of ethane. EPA lists these negligibly reactive compounds in its regulations at 40 CFR 51.100(s), and excludes them from the definition of VOCs. The chemicals on this list are often called “negligibly reactive.” EPA may periodically revise the list of negligibly reactive compounds to add to or delete compounds from the list. On December 14, 2006, Kentucky submitted a SIP revision including changes to its regulations in response to changes made by EPA to the list of negligibly reactive compounds. Kentucky's SIP revision, including the changes to its definition of VOCs, is consistent with federal regulations and is approvable pursuant to section 110 of the Clean Air Act. III. Final Action EPA is approving revisions to the Kentucky SIP submitted by Kentucky on December 14, 2006, to include changes made to Kentucky's regulations regarding the definition of VOCs, which are part of the Commonwealth's strategy to attain and maintain the National Ambient Air Quality Standards. These changes are consistent with the Clean Air Act. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective November 13, 2007 without further notice unless the Agency receives adverse comments by October 15, 2007. If the EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on November 13, 2007 and no further action will be taken on the proposed rule. *Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.* IV. 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 CAA. 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 is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the Commonwealth to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 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 CAA, 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, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 27, 2007. Russell L. Wright, Jr., Acting Regional Administrator, Region 4. 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 S—Kentucky 2. Section 52.920(c) Table 1 is amended by revising entries for “401 KAR 50:010”, “401 KAR 51:001”, “401 KAR 52:001”, “401 KAR 59:001”, “401 KAR 61:001”, “401 KAR 63:001” and “401 KAR 65:001” to read as follows: § 52.920 Identification of plan.

(c)* * * EPA-Approved Kentucky Regulations State citation Title/subject State effective date EPA approval date Explanation Chapter 50 Division for Air Quality: General Administrative Procedures * * * * * * * 401 KAR 50:010 Definitions and abbreviations of terms used in Title 401 Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65 11/8/06 9/13/07, [Insert citation of publication] * * * * * * * Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards 401 KAR 51:001 Definitions for 401 KAR Chapter 51 11/8/06 9/13/07, [Insert citation of publication] * * * * * * * Chapter 52 Permits, Registrations, and Prohibitory Rules 401 KAR 52:001 Definitions for 401 KAR Chapter 52 11/18/06 9/13/07, [Insert citation of publication] * * * * * * * Chapter 59 New Source Standards 401 KAR 59:001 Definitions for abbreviations of terms used in the Title 401, Chapter 59 11/18/06 9/13/07, [Insert citation of publication] * * * * * * * Chapter 61 Existing Source Standards 401 KAR 61:001 Definitions and abbreviations of terms used in the Title 401, Chapter 61 11/18/06 * * * * * * * Chapter 63 General Standards of Performance 401 KAR 63:001 Definitions and abbreviations of terms used in 401 KAR Chapter 63 11/18/06 9/13/07, [Insert citation of publication] * * * * * * * Chapter 65 Mobile Source-Related Emissions 401 KAR 65:001 Definitions and abbreviations of terms used in 401 KAR Chapter 65 11/18/06 9/13/07, [Insert citation of publication] * * * * * * * [FR Doc. E7-17628 Filed 9-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2007-0451; FRL-8465-9] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of VOC Emissions From Crude Oil Lightering Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a State Implementation Plan

(SIP)revision submitted by the State of Delaware. This SIP revision pertains to the control of volatile organic compound

(VOC)emissions from crude oil lightering operations. EPA is approving this SIP revision in accordance with the Clean Air Act. DATES: *Effective Date:* This final rule is effective on October 15, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2007-0451. All documents in the docket are listed in the *www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. FOR FURTHER INFORMATION CONTACT: Rose Quinto,

(215)814-2182, or by e-mail at *quinto.rose@epa.gov.* SUPPLEMENTARY INFORMATION: I. Background On July 3, 2007 (72 FR 36402), EPA published a notice of proposed rulemaking

(NPR)for the State of Delaware. The NPR proposed approval of Delaware's regulation for crude oil lightering operations (Regulation No. 1124, Section 46). The formal SIP revision was submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) on May 2, 2007. Requirements of Delaware's regulation and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving Regulation No. 1124, Section 46—Crude Oil Lightering Operations, as a revision to the Delaware SIP. This SIP revision was submitted on May 2, 2007. III. Statutory and Executive Order Reviews A. General Requirements 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 requirement, 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.* ). B. Submission to Congress and the Comptroller General 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** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review 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, approving Delaware's regulation for crude oil lightering operations, 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 30, 2007. Donald S. Welsh, Regional Administrator, Region III. 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 I—Delaware 2. In § 52.420, the table in paragraph

(c)is amended by revising the title for Regulation No. 24—Control of Volatile Organic Compound Emissions and adding Section 46 to read as follows: § 52.420 Identification of plan.

(c)* * * EPA-Approved Regulations in the Delaware SIP State citation Title/subject State effective date EPA approval date Additional explanation * * * * * * * Regulation No. 1124—Control of Volatile Organic Compound Emissions (Formerly Regulation No. 24) * * * * * * * Section 46 Crude Oil Lightering Operations 05/11/07 09/13/07 [Insert page number where the document begins] * * * * * * * [FR Doc. E7-17872 Filed 9-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2007-0293; FRL-8464-4] Approval and Promulgation of Air Quality Implementation Plans; Indiana; VOC Emissions From Fuel Grade Ethanol Production Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a March 30, 2007, request from the Indiana Department of Environmental Management

(IDEM)to revise the Indiana State Implementation Plan

(SIP)by adding a volatile organic compound

(VOC)rule for fuel grade ethanol production at dry mills. This rule revision creates an industry-specific Best Available Control Technology

(BACT)standard for new fuel grade ethanol production dry mills that replaces the otherwise required case-by-case SIP BACT determination for new facilities with the potential to emit 25 tons or more of VOC per year. The benefit of this rule is that establishing specific standards in place of a case-by-case analysis improves the clarity, predictability, and timeliness of certain State permit decisions. DATES: This direct final rule will be effective November 13, 2007, unless EPA receives adverse comments by October 15, 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-2007-0293, 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-2007-0293. 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 *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *http://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 a.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Steven Rosenthal, Environmental Engineer, at

(312)886-6052 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,

(312)886-6052, *rosenthal.steven@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. Background A. When did the State submit the requested rule revision to EPA? B. Did Indiana hold public hearings for this rule revision? II. What are the revisions that the State requests be incorporated into the SIP? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. Background A. When did the State submit the requested rule revision to EPA? IDEM submitted the requested rule revision on March 30, 2007. B. Did Indiana hold public hearings for this rule revision? Indiana held public hearings for the requested rule revision on August 2, 2006, and December 6, 2006. II. What are the revisions that the State requests be incorporated into the SIP? IDEM is requesting revisions to the SIP in two areas:

(1)To amend 326 IAC 8-5-1, Applicability of Rule, to identify a newly-affected industry, and

(2)to add 326 IAC 8-5-6, Fuel Grade Ethanol Production at Dry Mills, to create an industry-specific BACT standard for new fuel grade ethanol production dry mills that have no wet milling operations. This standard would replace the case-by-case BACT determination currently required under 326 IAC 8-1-6 for facilities with the potential to emit 25 tons or more of VOC per year. 326 IAC 8-5-1 defines the applicability of the rule. The rule now covers fuel grade ethanol production discussed in Section 6 of 326 IAC 8-5-6. Indiana's 326 IAC 8-1-6 is a state-wide BACT requirement that applies to sources that do not trigger Nonattainment New Source Review

(NNSR)or Prevention of Significant Deterioration

(PSD)requirements, but that emit 25 tons or more of VOC per year. Establishing the State BACT limits is a case-by-case determination based on the maximum reduction that is technically feasible, while taking into account energy, environmental and economic impact. The changes to 326 IAC 8-5-6 apply to all fuel grade ethanol production plants constructed or modified after April 1, 2007 that are:

(1)Dry mills and have no wet milling operations,

(2)use fermentation, distillation, and dehydration to produce ethanol and dried distillers grain and solubles (DDGS), and

(3)have combined potential VOC emissions of 22.7 megagrams (twenty five tons) or more per year from fermentation processes, DDGS dryer or dryers, and ethanol load-out operations. The rule lists control measures consistent with those that Indiana would require under its case-by-case BACT determination. The rule requires the installation of a thermal oxidizer, wet scrubber, or enclosed flare with an overall control efficiency of not less than 98 percent, and further requires initial compliance to be achieved within 60 days of achieving maximum production levels, but no later than 180 days after startup. The rule also contains certain requirements related to the operation, maintenance, testing, and record-keeping of the operation of required control measures. In this case, establishing specific standards in place of a case-by-case analysis improves the clarity, predictability, and timeliness of permit decisions that are currently subject to 326 IAC 8-1-6. III. What action is EPA taking? We are approving revisions to the Indiana SIP in two areas:

(1)To amend 326 IAC 8-5-1, Applicability of Rule; and

(2)to add 326 IAC 8-5-6, Fuel Grade Ethanol Facilities. It should be noted that approval of this rule does not in any way affect the applicability of NNSR and/or PSD to subject sources. 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 15, 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. IV. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review 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. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a “significant regulatory action” under Executive Order 12866 or a “significant energy action,” 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). Regulatory Flexibility Act 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.* ). Unfunded Mandates Reform Act 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). Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 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 (59 FR 22951, November 9, 2000). Executive Order 13132: Federalism 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. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 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. National Technology Transfer Advancement Act 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. Paperwork Reduction Act 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.* ). Congressional Review Act 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 24, 2007. Richard C. Karl, Acting Regional Administrator, Region 5. For the reasons stated in the preamble, part 52, chapter I, of title 40 of the Code of Federal Regulations 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 P—Indiana 2. Section 52.770 is amended by adding paragraph (c)(182) to read as follows: § 52.770 Identification of plan.

(c)* * *

(182)On March 30, 2007, Indiana submitted final adopted revisions, which amend 326 IAC 8-5-1, concerning rule applicability, and add 326 IAC 8-5-6, fuel grade ethanol production at dry mills, to its VOC rules as a requested revision to the Indiana state implementation plan. EPA is approving these revisions, authorizing Indiana to establish an industry-specific State BACT standard for fuel grade ethanol production at dry mill facilities that emit 25 tons or more of VOC per year.

(i)Incorporation by reference.

(A)Indiana Administrative Code Title 326: Air Pollution Control Board, Article 8: Volatile Organic Compound Rules, Rule 5: Miscellaneous Operations, Section 1: Applicability of Rule. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 8: Volatile Organic Compound Rules, Rule 5: Miscellaneous Operations, Section 6: Fuel Grade Ethanol Production at Dry Mills. Approved by the Attorney General February 16, 2007. Approved by the Governor February 16, 2007. Filed with the Publisher February 20, 2007. Published on the Indiana Register Web site March 21, 2007, Document Identification Number (DIN): 20070321-IR-326050197FRA. Effective March 22, 2007. [FR Doc. E7-17881 Filed 9-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 97 [EPA-R03-OAR-2007-0448; FRL-8465-6] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Clean Air Interstate Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan

(SIP)submitted on June 8, 2007. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006 and December 13, 2006, and the CAIR Federal Implementation Plan (CAIR FIP) concerning sulfur dioxide (SO 2 ), nitrogen oxides (NO X ) annual, and NO X ozone season emissions for the State of West Virginia, promulgated on April 28, 2006 and subsequently revised on December 13, 2006. In this direct final action, EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note that approval. In accordance with the Clean Air Act, EPA is approving this West Virginia SIP revision as an abbreviated SIP revision which addresses the methodology to be used to allocate annual and ozone season NO X allowances under the CAIR FIPs. DATES: This rule is effective on November 13, 2007 without further notice, unless EPA receives adverse written comment by October 15, 2007. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR-2007-0448 by one of the following methods: A. Follow the on-line instructions for submitting comments. *B. E-mail: powers.marilyn@epa.gov* . C. *Mail:* EPA-R03-OAR-2007-0448, Marilyn Powers, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. *Hand Delivery:* At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R03-OAR-2007-0448. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Marilyn Powers,

(215)814-2308 or by e-mail at *powers.marilyn@epa.gov* . SUPPLEMENTARY INFORMATION: Table of Contents I. What Action is EPA Taking? II. What is the Regulatory History of CAIR and the CAIR FIPs? III. What are the General Requirements of CAIR and the CAIR FIPs? IV. What is an Abbreviated CAIR SIP Revision? V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal VI. Final Action VII. Statutory and Executive Order Reviews I. What Action is EPA Taking? EPA is approving a revision to West Virginia's SIP, submitted on June 8, 2007 that will modify the application of certain provisions of the CAIR FIP concerning SO 2 , NO X annual and NO X ozone season emissions. As discussed below, this less comprehensive CAIR SIP is termed an abbreviated SIP. West Virginia is subject to the CAIR FIPs that implement the CAIR requirements by requiring certain EGUs to participate in the EPA-administered Federal CAIR SO 2 , NO X annual, and NO X ozone season cap-and-trade programs. The West Virginia SIP revision provides a methodology for allocating NO X allowances for the NO X annual and NO X ozone season trading programs. The CAIR FIPs provide that this methodology, if approved as EPA is proposing, will be used to allocate NO X allowances to sources in West Virginia, instead of the federal allocation methodology otherwise provided in the FIP. EPA is not proposing to make any changes to the CAIR FIP, but is proposing, to the extent EPA approves West Virginia's SIP revision, to amend the appropriate appendices in the CAIR FIP trading rules simply to note that approval. II. What is the Regulatory History of CAIR and the CAIR FIPs? CAIR was published by EPA on May 12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and the District of Columbia contribute significantly to nonattainment and/or interfere with maintenance of the national ambient air quality standards (NAAQS) for fine particles (PM 2.5 ) and/or 8-hour ozone in downwind States in the eastern part of the country. As a result, EPA required those upwind States to revise their SIPs to include control measures that reduce emissions of SO 2 , which is a precursor to PM 2.5 formation, and/or NO X , which is a precursor to both ozone and PM 2.5 formation. For jurisdictions that contribute significantly to downwind PM 2.5 nonattainment, CAIR sets annual State-wide emission reduction requirements (i.e., budgets) for SO 2 and annual State-wide emission reduction requirements for NO X . Similarly, for jurisdictions that contribute significantly to 8-hour ozone nonattainment, CAIR sets State-wide emission reduction requirements for NO X for the ozone season (May 1 to September 30). Under CAIR, States may implement these emission budgets by participating in the EPA-administered cap-and-trade programs or by adopting control measures. Section 110(a)(2)(D) of the Clean Air Act requires that States prohibit emissions that contribute significantly to nonattainment of, or interfere with, maintenance of the NAAQS in downwind States. CAIR explains to subject States what must be included in SIPs to address the requirements of section 110(a)(2)(D) of the Clean Air Act with regard to interstate transport with respect to the 8-hour ozone and PM 2.5 NAAQS. EPA made national findings, effective May 25, 2005, that the States had failed to submit SIPs meeting the requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3 years after the promulgation of the 8-hour ozone and PM 2.5 NAAQS. These findings started a 2-year clock for EPA to promulgate a Federal Implementation Plan

(FIP)to address the requirements of section 110(a)(2)(D). Under Clean Air Act section 110(c)(1), EPA may issue a FIP anytime after such findings are made and must do so within two years unless a SIP revision correcting the deficiency is approved by EPA before the FIP is promulgated. On April 28, 2006, EPA promulgated FIPs for all States covered by CAIR in order to ensure the emissions reductions required by CAIR are achieved on schedule. Each CAIR State is subject to the FIPs until the State fully adopts, and EPA approves, a SIP revision meeting the requirements of CAIR. The CAIR FIPs require certain EGUs to participate in the EPA-administered CAIR SO 2 , NO X annual, and NO X ozone-season model trading programs, as appropriate. The CAIR FIP SO 2 , NO X annual, and NO X ozone season trading programs impose essentially the same requirements as, and are integrated with, the respective CAIR SIP trading programs. The integration of the CAIR FIP and SIP trading programs means that these trading programs will work together to create effectively a single trading program for each regulated pollutant (SO 2 , NO X annual, and NO X ozone season) in all States covered by CAIR FIP or SIP trading program for that pollutant. The CAIR FIPs also allow States to submit abbreviated SIP revisions that, if approved by EPA, will automatically replace or supplement the corresponding CAIR FIP provisions (e.g., the methodology for allocating NO X allowances to sources in the state), while the CAIR FIP remains in place for all other provisions. The CAIR FIP trading rules include appendices in which EPA intends to list each State for which EPA approves an abbreviated SIP revision. The appendices will indicate which provisions of the CAIR FIP are automatically replaced or supplemented by each approved, abbreviated SIP. On April 28, 2006, EPA published two CAIR-related final rules that added the States of Delaware and New Jersey to the list of States subject to CAIR for PM 2.5 and announced EPA's final decisions on reconsideration of five issues without making any substantive changes to the CAIR requirements. III. What are the General Requirements of CAIR and the CAIR FIPs? CAIR establishes State-wide emission budgets for SO 2 and NO X and is to be implemented in two phases. The first phase of NO X reductions starts in 2009 and continues through 2014, while the first phase of SO 2 reductions starts in 2010 and continues through 2014. The second phase of reductions for both NO X and SO 2 starts in 2015 and continues thereafter. CAIR requires States to implement the budgets by either:

(1)Requiring EGUs to participate in the EPA-administered cap-and-trade programs or,

(2)adopting other control measures of the State's choosing and demonstrating that such control measures will result in compliance with the applicable State SO 2 and NO X budgets. The May 12, 2005 and April 28, 2006 CAIR rules provide model rules that States must adopt (with certain limited changes, if desired) if they want to participate in the EPA-administered trading programs. With two exceptions, only States that choose to meet the requirements of CAIR through methods that exclusively regulate EGUs are allowed to participate in the EPA-administered trading programs. One exception is for States that adopt the opt-in provisions of the model rules to allow non-EGUs individually to opt into the EPA-administered trading programs. The other exception is for States that include all non-EGUs from their NO X SIP Call 1 trading programs in their CAIR NO X ozone season trading programs. 1 EPA promulgated the NO X SIP Call on October 27, 1998 (63 FR 57356) to address transported emissons of ozone in 22 States and the District of Columbia that significantly contributed to downwind nonattainment of the one-hour ozone standard. The NO X SIP Call trading program applied to large EGUs and large industrial units. IV. What is an Abbreviated CAIR SIP Revision? States have the flexibility to choose the type of control measures they will use to meet the requirements of CAIR. EPA anticipates that most States will choose to meet the CAIR requirements by selecting an option that requires EGUs to participate in the EPA-administered CAIR cap-and-trade programs. For such States, EPA has provided two approaches for submitting and obtaining approval for CAIR SIP revisions. States may submit full SIP revisions that adopt the model CAIR cap-and-trade rules. If approved, these SIP revisions will fully replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP revisions. These SIP revisions will not replace the CAIR FIPs; however, the CAIR FIPs provide that, when approved, the provisions in these abbreviated SIP revisions will be used instead of or in conjunction with, as appropriate, the corresponding provisions of the CAIR FIPs (e.g., the NO X allowance allocation methodology). A State submitting an abbreviated SIP revision may submit limited SIP revisions to tailor the CAIR FIP cap-and-trade programs to the state submitting the revision. Specifically, an abbreviated SIP revision may establish certain applicability and allowance allocation provisions that, as the CAIR FIPs provide, will be used instead of, or in conjunction with, the corresponding provisions in the CAIR FIP rules in that State. Specifically, the abbreviated SIP revisions may: 1. Include NO X SIP Call trading sources that are not EGUs under CAIR in the CAIR FIP NO X ozone season trading program; 2. Provide for allocation of NO X annual or ozone season allowances by the State, rather than the Administrator, and using a methodology chosen by the State; 3. Provide for allocation of NO X annual allowances from the compliance supplement pool

(CSP)by the State, rather than by the Administrator, and using the State's choice of allowed alternative methodologies; or 4. Allow units that are not otherwise CAIR units to opt individually into the CAIR FIP cap-and-trade program under the opt-in provisions in the CAIR FIP rules. With approval of an abbreviated SIP revision, the CAIR FIP remains in place, as tailored to sources in the State by that approved SIP revision. Abbreviated SIP revisions can be submitted in lieu of, or as part of, CAIR full SIP revisions. States may want to designate part of their full SIP as an abbreviated SIP for EPA to act on first when the timing of the State's submission might not provide EPA with sufficient time to approve the full SIP prior to the deadline for recording NO X allocations. This will help ensure that the elements of the trading programs where flexibility is allowed are implemented according to the State's decisions. Submission of an abbreviated SIP revision does not preclude future submission of a CAIR full SIP revision. As discussed below, West Virginia is requesting approval of only one of the four provisions for which a State may request an abbreviated SIP. The State is requesting that its allocation of NO X annual and NO X ozone season allowances for EGUs under the CAIR FIP be used instead of the corresponding provisions of the CAIR FIPs in effect in the State. V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal On June 1, 2006, West Virginia submitted a full SIP revision to meet the requirements of CAIR as promulgated on May 12, 2005. The SIP revision is comprised of three regulations: 45CSR39, 45CSR40 and 45CSR41 for the NO X annual trading program, the NO X ozone season trading program, and the SO 2 annual trading program, respectively. The regulations adopted the part 96 model rules as set forth in the May 12, 2005 rulemaking, but, because revisions to part 96 were finalized after the State had started its rulemaking process, did not include the changes to the model rules that were made as part of the April 28, 2006 CAIR FIP. Consistent with the provisions of the CAIR FIP as discussed above, West Virginia submitted a letter on June 8, 2007, requesting that portions of its June 1, 2006 SIP revision be considered as an abbreviated SIP revision. The June 8, 2007 letter designated the NO X allocation methodology provisions applicable to EGUs under the CAIR FIP and originally submitted as part of its June 1, 2006 CAIR SIP revision as replacing the corresponding provisions of the CAIR FIPs. Consistent with this request, EPA is treating the following provisions of West Virginia's CAIR rules an abbreviated SIP revision: sections 45-39-40, 45-39-41, and 45-39-42; and sections 45-40-40, 45-40-41, and 45-40-42, except for paragraphs 40.3, 42.2.c, 42.2.d, 42.2.e, 42.3.a.2, and 42.4.b. The NO X allowance allocation methodology in these provisions of West Virginia's June 1, 2006 SIP revision is consistent with the methodology in part 96 and the FIP, under which units that have operated for five years will receive allowances, based on heat input data from a three-year period adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for oil, and 0.4 for other fuels. Based on this methodology, West Virginia determined NO X allocations for EGUs in the State under the CAIR FIP, and submitted its allocations to EPA on October 30, 2006. West Virginia's abbreviated SIP revision does not affect the CAIR budgets, which are total amounts of allowances available for allocation for each year under the EPA-administered cap-and-trade programs under the CAIR FIPs. The abbreviated SIP revision only affects allocations of allowances under the established budgets. Information on how the budgets were developed may be found in the May 12, 2005 CAIR rulemaking (70 FR 25162). EPA is today taking action only on this request for an abbreviated SIP revision and not the full CAIR SIP revision originally submitted, which will be the subject of a separate rulemaking action. In the June 8, 2007 letter, West Virginia states that it will revise and promulgate its CAIR rules 45CSR39, 45CSR40, and 45CSR41 to incorporate the revisions to part 96 and indicates that it plans to submit an amended CAIR SIP revision to EPA in 2008. VI. Final Action EPA is approving West Virginia's abbreviated CAIR SIP revision submitted on June 8, 2007, as discussed above. West Virginia is subject to the CAIR FIPs, which require participation in the EPA-administered SO 2 , NO X annual, and NO X ozone season cap-and-trade programs. Under this abbreviated SIP revision and, consistent with the flexibility given to States in the FIPs, West Virgnia has adopted provisions for allocating allowances under the CAIR FIP NO X annual and ozone season trading programs. As provided for in the CAIR FIPs, these provisions in the abbreviated SIP revision will replace or supplement the corresponding provisions of the CAIR FIPs in West Virginia. The abbreviated SIP revision meets the applicable requirements in 40 CFR 51.123(p) and (ee), with regard to NO X annual and NO X ozone season emissions. In this final action, EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note approval of West Virginia's abbreviated CAIR SIP. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section of today's **Federal Register** , EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on November 13, 2007 without further notice unless EPA receives adverse comment by October 15, 2007. If EPA receives adverse comment, EPA will publish a timely withdrawal in the **Federal Register** informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. VII. Statutory and Executive Order Reviews A. General Requirements 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 requirement, 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.* ). B. Submission to Congress and the Comptroller General 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** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review 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 to approve West Virginia's abbreviated CAIR SIP revision may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 97 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements. Dated: August 30, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR parts 52 and 97 are amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph

(c)is amended by adding entries for 45 CSR 39 and 40 at the end of the table. The table in paragraph

(e)is amended by adding the entry for Article 3, Chapter 64 of the Code of West Virginia at the end of the table. The amendments read as follows: § 52.2520 Identification of plan.

(c)* * * EPA-Approved Regulations in the West Virginia SIP State citation [Chapter 16-20 or 45 CSR] Title/subject State effective date EPA approval date Additional explanation/ citation at 40 CFR § 52.2565 * * * * * * * [45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Ozides Section 45-39-40 CAIR NO X Annual Trading Budget 5/1/06 9/13/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-39-41 Timing Requirements for CAIR NO X Annual Allowance Allocations 5/1/06 9/13/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-39-42 CAIR NO X Annual Allowance Allocations 5/1/06 9/13/07 [Insert page number where the document begins] Only for Phase I (2009-2014). [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and Nitrogen Ozides Section 45-40-40 CAIR NO X Ozone Season Trading Budget 5/1/06 9/13/07 [Insert page number where the document begins] 1. Except for subsection 40.3, and non-EGUs in subsection 40.1 table 2. Only Phase I (2009-2014). Section 45-40-41 Timing Requirements for CAIR NO X Ozone Season Allowance Allocations 5/1/06 9/13/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-40-42 CAIR NO X Ozone Season Allowance Allocations 5/1/06 9/13/07 [Insert page number where the document begins] 1. Except for subsections 42.2.d, 42.2.e, 42.3.a.2, and 42.4.b. 2. Only Phase I (2009-2014). (e)* * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * * Article 3, Chapter 64 of the Code of West Virginia, 1931 Statewide 5/1/06 9/13/07 [Insert page number where the document begins] Effective date of March 11, 2006. PART 97—[AMENDED] 3. The authority citation for 40 CFR part 97 continues to read as follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, *et seq.* 4. Appendix A to Subpart EE is amended by adding the entry for “West Virginia” in alphabetical order under paragraph 1 to read as follows: Appendix A to Subpart EE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations 1. * * * West Virginia (for control periods 2009—2014) 5. Appendix A to Subpart EEEE is amended by adding the entry for West Virginia in alphabetical order under paragraph 1 to read as follows: Appendix A to Subpart EEEE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations West Virginia (for control periods 2009—2014) [FR Doc. E7-17874 Filed 9-12-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 211, 245, and 252 RIN 0750-AF24 Defense Federal Acquisition Regulation Supplement; Reports of Government Property (DFARS Case 2005-D015) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise requirements for reporting of Government property in the possession of DoD contractors. The rule replaces existing DD Form 1662 reporting requirements with requirements for DoD contractors to electronically submit, to the Item Unique Identification

(IUID)Registry, the IUID data applicable to the Government property in the contractor's possession. This will result in more efficient and accurate reporting of Government property in the possession of contractors. DATES: *Effective date:* September 13, 2007. *Comment date:* Comments on the interim rule should be submitted to the address shown below on or before November 13, 2007, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2005-D015, using any of the following methods: ○ *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. ○ *E-mail: dfars@osd.mil.* Include DFARS Case 2005-D015 in the subject line of the message. ○ *Fax:*

(703)602-7887. ○ *Mail:* Defense Acquisition Regulations System, Attn: Mr. Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. ○ *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides,

(703)602-1302. SUPPLEMENTARY INFORMATION: A. Background The clause at DFARS 252.245-7001 requires contractors to submit an annual report for all DoD property for which the contractor is accountable. The report must be prepared in accordance with the requirements of DD Form 1662 or an approved substitute. DD Form 1662 provides for reporting of only summary level totals for each of the various types of Government property (e.g., special test equipment, industrial plant equipment), and does not consider capitalization requirements or useful lives, nor can it be used for existence, completeness, or valuation purposes. The limited data produced through use of DD Form 1662 is considered to be insufficient for complete visibility and control of DoD property. This interim rule replaces DD Form 1662 reporting with requirements for contractors to electronically submit, to the Item Unique Identification

(IUID)Registry, the IUID data for DoD tangible personal property in the possession of the contractor. Policy is added at DFARS 211.274-4, with a corresponding contract clause at 252.211-7007, to specify IUID requirements for reporting of Government property. This data will be used to populate DoD information systems for more effective and efficient accountability and control of DoD property. In accordance with the convention at FAR 1.108(d), the IUID reporting requirements will apply to contracts resulting from solicitations issued on or after the effective date of this interim rule. However, DoD contractors with existing contracts containing DD Form 1662 reporting requirements are encouraged to request contract modifications to designate use of the procedures specified in this interim rule as the approved substitute for DD Form 1662, as permitted by the clause at DFARS 252.245-7001. The rule does not apply to: Property under any statutory leasing authority; property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments; software and intellectual property; or real property. DoD published a proposed rule at 71 FR 14151 on March 21, 2006. Seventeen sources submitted comments on the proposed rule. As a result of these comments, the interim rule contains additional changes that: Clarify the definition of “equipment” and the types of property that must be reported in the IUID Registry; exclude items under $5,000 from reporting unless otherwise specified in the contract; and provide more specific procedures regarding data submission. In addition, the clause prescription has been moved to DFARS Part 211, to permit collocation of item identification and valuation requirements applicable to Government property and delivered items. A discussion of the public comments is provided below. 1. *Comment:* Five respondents requested that issuance of this rule be postponed until publication of the final rule amending the Government property requirements of FAR Part 45 (FAR Case 2004-0025), to ensure the definitions in both rules are consistent (e.g., equipment, personal property, material). *DoD Response:* The final rule revising FAR Part 45 was published on May 15, 2007 (72 FR 27364). The definitions in this DFARS rule have been revised, where appropriate, to align with the FAR Part 45 definitions. 2. *Comment:* One respondent requested definition of “reasonable inventory adjustments” as the term is used in 252.245-7001(c)(2). *DoD Response:* This interim rule does not use the term “reasonable inventory adjustments.” Therefore, the term is not defined in the rule. However, “inventory adjustments” are changes made to the official accountability record when physical counts and official records do not agree. All such changes require specific approval and documentation to support the adjustment, normally to include results of reconciliation efforts to determine and resolve the cause of such disagreement. 3. *Comment:* One respondent requested that the rule include definitions of “real property” and “reportable property” with regard to property in the possession of the contractor (PIPC). *DoD Response:* PIPC does not include real property, and real property is excluded from IUID reporting requirements. PIPC includes only tangible “personal” property in the custody of the contractor. Further, the level of reporting varies for different classes of PIPC and, therefore, a single definition for “reportable property” might be misleading. PIPC is meant to distinguish tangible personal property in the custody of contractors from all Government property that is owned or leased by the Government. 4. *Comment:* One respondent commented that, under various FAR 52.245 clauses, contractors are the custodians of Government property in their possession and fiduciary owners of the associated property records, and that requiring contractors to transmit detailed back-up data on the Government property in their possession changes this relationship and imposes new financial reporting requirements on organizational groups better suited to maintaining the accountability of property. *DoD Response:* The Government-furnished property IUID requirements do not alter the underlying principle of the FAR clauses, that the contractor remains the custodian or “steward” of the Government's property. Also, the IUID reporting requirements do not impose any financial reporting or accounting activities of Government assets on contractors. Fiduciary responsibility is always with the Government. 5. *Comment:* Three respondents expressed concern that the rule places a financial burden on both Government agencies and contractors without providing a plan for funding to agencies to implement the rule, including implementation costs for Government property already in the possession of contractors. In addition, it was stated that the provisions do not address the engineering and technical aspects of marking the items, yet there may be substantial inventories of items at certain contractors' facilities, and changing the technical data for all the items may take more time and money. *DoD Response:* The provisions of this rule are not retroactive and, therefore, will not be applicable to property already in the possession of contractors. Existing contracts containing DD Form 1662 reporting requirements are not subject to the requirements of this rule unless the contractor voluntarily elects to transition to IUID reporting requirements. 6. *Comment:* Two respondents recommended that the prescription for the clause acknowledge that contracts in place prior to this clause revision are not subject to the reporting change. *DoD Response:* In accordance with the convention at FAR 1.108(d), FAR and DFARS changes apply to solicitations issued on or after the effective date of the change unless otherwise specified. Therefore, no additional language regarding applicability is needed for this rule to address existing contracts. 7. *Comment:* One respondent commented that the rule has some serious deficiencies in content and clarity that need to be resolved to allow DoD to achieve a new level of fiduciary accounting accuracy, and recommended postponing the issuance of this rule until the FAR Part 45 rewrite is issued, as this rule is a subset of the larger and more comprehensive Part 45 rewrite. *DoD Response:* DoD cannot achieve greater fiscal accountability unless it implements a solution that captures additional data for Government property in the possession of contractors. As stated in the DoD response to Comment 1 above, the FAR Part 45 final rule was published on May 15, 2007 (72 FR 27364). 8. *Comment:* Several respondents requested that a dollar threshold be established for reporting that does not require recording of low-value items in the IUID Registry. In addition, it was suggested that contractor-acquired property be excluded from the reporting requirement to be consistent with various DoD instructions and guidance previously provided to contractors. *DoD Response:* DoD has revised the rule to exclude items valued below $5,000 from the IUID Registry, unless otherwise specified in the contract clause at 252.211-7007. The rule also clarifies that contractor-acquired property is excluded from reporting requirements. 9. *Comment:* One respondent requested clarification as to whether DD Form 1662 reporting will be required for Government property that has not been marked. *DoD Response:* DD Form 1662 reporting will not be required. The reporting (annually via DD Form 1662 or otherwise) of non-UID items and material will no longer be required, unless otherwise specified in the contract. 10. *Comment:* One respondent requested that the reporting requirement be kept the same as the data currently required by the clause at DFARS 252.211-7003, Item Identification and Valuation, to ease the administration for contractors, since that data is the same as the data that is already required for deliverables and other financial reporting. *DoD Response:* The master data is the same. However, many of the additional data elements are optional. For example, mark data is an optional data element that was added to accommodate virtual unique item identifiers

(UIIs)if the compliant 2D data matrix is not permanently marked with the UII data on the item. 11. *Comment:* Three respondents requested that the requirement to update PIPC records in the IUID Registry when PIPC is “consumed or expended” be deleted, with the rationale being that “consumed” material is not part of PIPC. The comments further suggested that Government-furnished material would not be uniquely identified. *DoD Response:* As items with a UII go through the excess process, the IUID Registry must be updated to record the disposition. These items will include equipment, as well as DoD serially managed, controlled, or mission essential items, whether equipment or material. 12. *Comment:* One respondent requested clarification as to whether the Government or the contractor is responsible for marking Government property furnished under new contracts. *DoD Response:* The contractor is responsible for marking any unmarked Government property furnished under a contract. Marking unmarked items is included in the requirement to provide IUID data electronically into the IUID Registry, and must be done prior to the items leaving the contractor's stewardship, possession, or control. 13. *Comment:* One respondent requested that the requirement to report PIPC that has not been marked by the Government be waived, because it will be burdensome for contractors to obtain the information from the requirements office that is needed to register the item, e.g., acquisition cost, contract under which the item was manufactured, purchase date. Further, if the property is a depot rebuilt item, the respondent indicated there may not be a way to determine the original manufacturer, acquisition cost, or contract under which the item was originally delivered to the Government. *DoD Response:* The required data to be reported for the items that will require IUID is not significantly different from the detailed data currently maintained in the contractor's stewardship accountability records. There are several optional data fields. For example, the manufacturer and original acquisition contract information for a depot rebuilt item is requested, if known, but it is not mandatory. 14. *Comment:* One respondent stated that the rule should address who is responsible for researching and correcting errors in the IUID Registry, for errors made by a transferring contractor. *DoD Response:* The transfer of property from one accountable contractor to another is a transaction that is typically initiated by the program office directing the shipment of the property and validated by the losing and gaining contractors. If the data in the IUID Registry is not consistent with the contract for the accountable contractor of record, an error will be generated and the record cannot be registered until the discrepancy is corrected. The initial responsibility for correcting errors is with the submitter of the data. It should also be noted that contractors are still required to maintain stewardship accountability records and implement the proper controls for Government property in their custody, and they are still subject to audits and inspections. 15. *Comment:* One respondent asked whether UIIs that include contractor-unique Commercial and Government Entity

(CAGE)codes or Data Universal Numbering System

(DUNS)numbers should be revised when the property is transferred to another contractor. *DoD Response:* UIIs with contractor-unique CAGE codes or DUNS numbers are not revised when the property is transferred to another contractor. The contractor that originally assigns the UII guarantees its uniqueness, and the UII for an item, once assigned, is never changed. 16. *Comment:* One respondent requested that the requirement to update PIPC records in the IUID Registry for PIPC “delivered or shipped from a contractor's plant” be revised to PIPC “physically delivered (shipped from the contractor's plant),” to eliminate non-value marking of ship-in-place items. *DoD Response:* While contractor-acquired property is not recorded in the IUID Registry, contractor-acquired property that transitions to a follow-on contract becomes Government-furnished property under the subsequent contract and, therefore, requires that a UII be assigned and recorded in the IUID Registry. This may include ship-in-place items. 17. *Comment:* One respondent noted that the title of the guidebook and the related link referenced in the rule need to be updated. *DoD Response:* DoD has included this change in the interim rule. 18. *Comment:* Two respondents requested that the IUID data submission requirements be included in the contract clause, instead of referring to a guide for the data submission requirements, as the Government could change the guide without requesting public comment. *DoD Response:* DoD has revised the contract clause as recommended, to include additional IUID data submission requirements. The guidebook link is included in the clause as a reference to the procedures for providing the IUID data electronically into the IUID Registry. Any changes to the IUID data submission requirements in the clause will be vetted through the normal public comment process. 19. *Comment:* One respondent stated that requiring contractors to update the registry to reconcile contractor and Government records was a violation of the “one record database” concept. *DoD Response:* The IUID Registry will be used for reporting of PIPC, and replaces the annual reporting requirement only. It does not replace the contractor's stewardship accountability recordkeeping requirements. 20. *Comment:* Two respondents disagreed with the statement in the preamble that the requirements of the rule are not expected to significantly change the burden hours approved by the Office of Management and Budget (OMB), indicating that the administrative burden and paperwork required to meet the requirements of the rule will greatly expand the burden hours previously approved by OMB. One respondent further requested that only one yearly reconciliation be required, to limit the burden on contractors. *DoD Response:* Under this rule, contractors are only required to report a portion of the property presently reported on DD Form 1662. For example, contractors will not report low-value items (under $5,000) unless otherwise specified in the contract. In addition, contractors will not report contractor-acquired property. The data that will be reported is not significantly different from the detailed data currently maintained in the contractor's stewardship accountability records. Like the contractor's stewardship accountability records, updates are only required when there are significant changes or updates as defined in the rule. If a contractor updates the IUID Registry on a transaction basis, the contractor will not need to again update the IUID Registry semi-annually. If the contractor does not update the IUID Registry on a transaction basis, semi-annual updates will be required only to synchronize the contractor's data with the IUID Registry. Annual summary reporting is no longer required. The decrease in scope and size, from an annual roll-up of 100 percent of the Government property in a contractor's custody, to maintenance of only the portion of PIPC requiring IUID more than offsets the burden hours. 21. *Comment:* One respondent requested elimination of the requirement for contractors to maintain real property records in the owning military department's real property inventory system, and that the owning agency maintain the records, because contractors are normally granted “use rights” and the Government retains accountability. *DoD Response:* The requirement for contractors to maintain real property records in the owning military department's real property inventory system has been excluded from the interim rule. 22. *Comment:* One respondent requested clarification as to whether the prime contractor or the subcontractor is responsible for marking and registering the UII and item level master data for PIPC, if the PIPC is received without an existing UII. *DoD Response:* The prime contractor is responsible for ensuring that the requirement is met for all DoD property in the custody of its subcontractors. Registration of items in the IUID Registry should also be controlled by the prime contractor, whose contract is the accountable contract on record in the IUID Registry for PIPC. Prime contractors also have the clause at DFARS 252.211-7003, Item Identification and Valuation, in the contract and are required to flow the IUID requirements down to their subcontractors. This may be done by including the clause at DFARS 252.211-7003 in all subcontracts, so that items received from suppliers meet the requirement, or by establishing alternative marking agreements with subcontractors. When registering an embedded item, a parent item must be registered prior to registering any embedded components, subassemblies, or parts within that parent item. 23. *Comment:* One respondent requested that the phrase “furnished to the contractor by the Government” be deleted from paragraphs III.A.1 and 3 of the guidebook, because Government-furnished property has already been defined, making the terminology redundant. *DoD Response:* The content of the guidebook is beyond the scope of this DFARS rule. However, the IUID Program Office agrees the terminology is redundant and is revising the guidebook accordingly. 24. *Comment:* One respondent recommend that “unique item identifier (UII)” be defined, since the term is used in the rule. *DoD Response:* The definition of “UII” and other key definitions from the clause at DFARS 252.211-7003, Item Identification and Valuation, have been added to the clause at DFARS 252.211-7007. 25. *Comment:* One respondent suggested that the terminology in the definition of “property in the possession of the contractor” be changed to refer to “organizational property” instead of “personal property,” because “personal property” is generally understood to mean all property other than real property. *DoD Response:* The definition of “property in the possession of the contractor” is meant to distinguish tangible personal property in the custody of contractors from all Government property that is owned or leased by the Government. It does not include real property. 26. *Comment:* Two respondents requested clarification of the on-line guidebook as to whether “controlled” or “public” access is the correct access level for contractors, and whether “contractor access” is the same as “controlled access.” *DoD Response:* The content of the guidebook is beyond the scope of this DFARS rule. However, there are two levels of access, “controlled” and “public,” and the levels are the same for both contractor and Government users. Controlled access requires validation of authority to access the data, and is limited depending on the role assigned. Controlled access is further distributed to access for Government roles such as Program Manager or Legacy Submitter and Contractor roles. Public access is a limited view that only returns a unique item identifier and is available without pre-registration or a user id and password. The user guide for the IUID Registry available at *https://www.bpn.gov/iuid/* provides greater detail regarding access to the IUID Registry. 27. *Comment:* Two respondents requested clarification as to who pays the cost of “marking” the items, when the Government provides the UII to the contractor but requires the contractor to mark any unmarked items, indicating that contractors who do not manufacture items that require marking would have to contract to “mark” these items. *DoD Response:* If a contractor receives PIPC that has not been registered or marked, the contractor is required to assign the UII, register the IUID data, and mark the item, or mark the item and update the IUID Registry, if the UII has been provided but the item has not been marked. The cost for IUID is generally an allowable cost, and contractors submitting offers on requirements that include IUID should include the costs in accordance with Cost Accounting Standard and FAR requirements. In addition, there is a memorandum available on the UID Web site at *http://www.acq.osd.mil/dpap/UID/policy.htm* that discusses pricing and accounting for costs associated with IUID. 28. *Comment:* One respondent indicated that Paragraphs 12 and 13 of the guidebook were repetitive and confusing. *DoD Response:* The content of the guidebook is beyond the scope of this DFARS rule. However, the IUID Program Office is revising the format of the guidebook to clarify the referenced requirements. Paragraph 12 addresses the requirement for contractors to assign a UII to an embedded item that does not have an existing UII, whenever the embedded item is removed from its parent while in the contractor's custody. Paragraph 13 addresses the requirement to maintain the data in the IUID Registry for embedded items that have an existing UII assigned prior to it being provided to the contractor as PIPC. 29. *Comment:* Two respondents recommended that the rule be revised to make the Government, not the contractor, responsible for establishing the UII. *DoD Response:* The Government will provide the UII if it already exists, or if it is created and the item is marked under a legacy IUID implementation strategy before providing the item to the contractor as PIPC. In addition, all contracts awarded under solicitations issued after January 1, 2004, should have the clause at DFARS 252.211-7003, Item Identification and Valuation, and any items delivered that are subsequently provided to contractors as PIPC will already have a UII established. However, if a contractor receives PIPC that has not been registered or marked, the contractor is required to assign the UII, register the IUID data, and mark the item. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows: This interim rule amends the DFARS to require DoD contractors to electronically submit, to the IUID Registry, the IUID data for DoD property in the contractor's possession. The existing requirements for contractor reporting of Government property rely on a paper-based administrative infrastructure, and do not provide DoD with sufficient information to validate the existence, completeness, or valuation of Government property in the possession of contractors. This rule will facilitate DoD compliance with the Chief Financial Officers Act of 1990 (Pub. L. 101-576) and the financial reporting requirements imposed by the Federal Accounting Standards Advisory Board. The rule generally will apply to DoD contractors with Government-furnished property valued at $5,000 or more. The objective of the rule is to improve the accountability and control of DoD assets. Use of the IUID Registry will enable DoD to maintain accurate records of its property inventories. The Chief Financial Officers Act of 1990 requires the production of complete, reliable, timely, and consistent financial information with regard to Federal programs. The clause at DFARS 252.245-7001 requires contractors to maintain records of DoD property in their possession and to submit an annual report using DD Form 1662 or an approved substitute. The interim rule replaces DD Form 1662 reporting with requirements for use of the IUID Registry as an electronic means of recording and reporting DoD property in the contractor's possession. This will improve the accuracy and efficiency of the existing reporting and recordkeeping requirements. DoD considers the approach described in the interim rule to be the most practical and beneficial for both Government and industry. Continued reliance on the current reporting process would not permit the level of accountability that DoD needs to comply with statutory and regulatory requirements related to the management of Government property. DoD already has adopted the use of IUID technology as the standard marking approach for all items in DoD's inventory system. Therefore, it logically follows that DoD property in the possession of contractors should also be recorded and reported using IUID technology. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2005-D015. C. Paperwork Reduction Act The information collection requirements associated with contractor reporting of Government property have been approved by the Office of Management and Budget, under Clearance Number 0704-0246, for use through April 30, 2009. The requirements of this interim rule are not expected to significantly change the burden hours approved under Clearance Number 0704-0246. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. DoD published a proposed rule on March 21, 2006, addressing requirements for use of the IUID Registry for reporting of Government property in the possession of contractors, to replace the DD Form 1662 reporting system. The vast majority of comments received on the proposed rule were accepted and incorporated into this interim rule. Because of the additional changes in this rule, DoD believes it is necessary to solicit further public comments. Numerous DoD contractors have already voluntarily transitioned to the use of the IUID Registry for reporting of Government property. Immediate implementation of this DFARS rule is needed to clearly establish policy for IUID reporting of Government property, in recognition of the burdens associated with supporting dual reporting systems. DoD considers the IUID Registry to be the most practical and beneficial reporting method for both Government and industry. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Parts 211, 245, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 211, 245, and 252 are amended as follows: 1. The authority citation for 48 CFR parts 211, 245, and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 211—DESCRIBING AGENCY NEEDS 2. Section 211.274 is revised to read as follows: 211.274 Item identification and valuation requirements. 3. Section 211.274-4 is revised to read as follows: 211.274-4 Policy for item unique identification of Government property.

(a)It is DoD policy that DoD item unique identification, or a DoD-recognized unique identification equivalent, is required for tangible personal property in accordance with 211.274-2, for items—

(1)In the possession of the Government and furnished to a contractor for the performance of a contract; or

(2)Directly acquired by the Government and subsequently furnished to a contractor for the performance of a contract.

(b)The policy in paragraph

(a)of this subsection does not apply to—

(1)Property under any statutory leasing authority;

(2)Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments;

(3)Software and intellectual property; or

(4)Real property. 4. Section 211.274-5 is added to read as follows: 211.274-5 Contract clauses. (a)(1) Use the clause at 252.211-7003, Item Identification and Valuation, in solicitations and contracts that—

(i)Require item identification or valuation, or both, in accordance with 211.274-2 and 211.274-3; or

(ii)Contain the clause at 252.211-7007.

(2)Complete paragraph (c)(1)(ii) of the clause with the contract line, subline, or exhibit line item number and description of any item(s) below $5,000 in unit acquisition cost for which DoD unique item identification or a DoD recognized unique identification equivalent is required in accordance with 211.274-2(a)(2) or (3).

(3)Complete paragraph (c)(1)(iii) of the clause with the applicable attachment number, when DoD unique item identification or a DoD recognized unique identification equivalent is required in accordance with 211.274-2(a)(4) for DoD serially managed subassemblies, components, or parts embedded within deliverable items.

(4)Use the clause with its Alternate I if—

(i)An exception in 211.274-2(b) applies; or

(ii)Items are to be delivered to the Government and none of the criteria for placing a unique item identification mark applies. (b)(1) Use the clause at 252.211-7007, Item Unique Identification of Government Property, in solicitations and contracts that contain the clause at—

(i)FAR 52.245-1, Government Property; or

(ii)FAR 52.245-2, Government Property Installation Operation Services.

(2)Complete paragraph (b)(2)(ii) of the clause as applicable. PART 245—GOVERNMENT PROPERTY 245.505-14 [Removed] 5. Section 245.505-14 is removed. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211-7003 [Amended] 6. Section 252.211-7003 is amended in the introductory text by removing “211.274-4” and adding in its place “211.274-5(a)”. 7. Section 252.211-7007 is added to read as follows: 252.211-7007 Item unique identification of Government property. As prescribed in 211.274-5(b), use the following clause: ITEM UNIQUE IDENTIFICATION OF GOVERNMENT PROPERTY (SEP 2007)

(a)*Definitions.* As used in this clause— *2D data matrix symbol* means the 2-dimensional Data Matrix ECC 200 as specified by International Standards Organization/International Electrotechnical Commission (ISO/IEC) Standard 16022: Information Technology—International Symbology Specification—Data Matrix. *Acquisition cost,* for Government-furnished property in the possession of the Contractor (PIPC), means the amount identified in the contract, or in the absence of such identification, the fair market value. For property acquired or fabricated by the Contractor as Contractor-acquired PIPC, and subsequently transferred or delivered as Government-furnished PIPC, it is the original acquisition cost. *Concatenated unique item identifier* means—

(1)For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2)For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. *DoD recognized unique identification equivalent* means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at *http://www.acq.osd.mil/dpap/UID/equivalents.html.* *Equipment* means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. *Item unique identification (IUID)* means a system of assigning, reporting, and marking DoD property in the possession of the Contractor with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. *IUID Registry* means the DoD data repository that receives input from both industry and Government sources and provides storage of, and access to, data that identifies and describes tangible Government personal property, including property in the possession of the Contractor. *Material* means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, or special test equipment. *Parent item* means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. *Property in the possession of the Contractor (PIPC)* means tangible personal property, to which the Government has title, that is in the stewardship or possession of, or is controlled by, the Contractor for the performance of a contract. PIPC consists of both tangible Government-furnished property and Contractor-acquired property and includes equipment and material. *Unique item identifier (UII)* means a set of data elements marked on items that is globally unique and unambiguous. *Virtual UII* means the data elements for an item that have been captured in the IUID Registry, but have not yet been physically marked on an item with a DoD compliant 2D data matrix symbol.

(b)*Procedures for assigning and registering.*

(1)The Contractor shall provide IUID data for the IUID Registry for all Government-furnished PIPC requiring DoD unique identification under this contract, including Government-furnished PIPC located at subcontractor and alternate locations.

(2)Unless the Government provides the UII, the Contractor shall establish a concatenated UII or a DoD recognized unique identification equivalent for—

(i)Government-furnished PIPC with a unit acquisition cost of $5,000 or more; and

(ii)The following items of Government-furnished PIPC for which the unit acquisition cost is less than $5,000: Contract line, subline, or exhibit line item number (if applicable) Item description

(3)Virtual UIIs may be assigned by the Contractor for existing Government-furnished PIPC requiring item unique identification, if the property can be accurately and uniquely identified using existing innate serialized identity until an event occurs requiring physical marking with the DoD compliant 2D data matrix.

(4)The Contractor shall assign and register a UII and the master item data for any subassembly, component, or part that does not have an existing UII when it is removed from a parent item and remains with the Contractor as a stand-alone item.

(5)Contractor-acquired PIPC is excluded from the IUID Registry. The Contractor shall report to the IUID Registry as Government-furnished PIPC any Contractor-acquired PIPC that—

(i)Is delivered to the Government; or

(ii)Is transferred by contract modification or other contract provision/requirement to another contract (including items that are transferred in place).

(6)If the initial transfer of Contractor-acquired PIPC is a delivery to DoD, the requirements of the Item Identification and Valuation clause of this contract (DFARS 252.211-7003) shall be applied when determining the requirement for item unique identification.

(7)The Contractor shall submit the UII and the master item data into the IUID Registry in accordance with the data submission procedures in the Item Unique Identification of Government Property Guidebook at *http://www.acq.osd.mil/dpap/UID/guides.htm.*

(i)The following data is required for Government-furnished PIPC items received without a UII:

(A)UII type.

(B)Concatenated UII.

(C)Item description.

(D)Foreign currency code.

(E)Unit of measure.

(F)Acquisition cost.

(G)Mark information. *(1)* Bagged or tagged code. *(2)* Contents. *(3)* Effective date. *(4)* Added or removed flag. *(5)* Marker code. *(6)* Marker identifier. *(7)* Medium code. *(8)* Value.

(H)Custody information. *(1)* Prime contractor identifier. *(2)* Accountable contract number. *(3)* Category code. *(4)* Received date. *(5)* Status code.

(ii)The following data is required only for Government-furnished PIPC items received without a UII for specific “UII types,” as specified in the Item Unique Identification of Government Property Guidebook:

(A)Issuing agency code.

(B)Enterprise identifier.

(C)Original part number.

(D)Batch/lot number.

(E)Serial number.

(iii)The following data is optional for Government-furnished PIPC items received without a UII:

(A)Acquisition contract number.

(B)Contract line item number/subline item number/exhibit line item number.

(C)Commercial and Government Entity

(CAGE)code or Data Universal Numbering System

(DUNS)number in the acquisition contract.

(D)Current part number.

(E)Current part number effective date (required if current part number is provided).

(F)Acceptance location.

(G)Acceptance date.

(H)Ship-to code.

(I)Sent date.

(J)Manufacturer identifier.

(K)Manufacturer code (required if manufacturer identifier is provided).

(L)Parent UII (for embedded items).

(c)*Procedures for updating.*

(1)The Contractor shall update the IUID Registry for changes in status, mark, custody, or disposition of Government-furnished PIPC under this contract, for PIPC-

(i)Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor;

(ii)Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract as determined by the Government property administrator, including reasonable inventory adjustments;

(iii)Disposed of; or

(iv)Transferred to a follow-on or other contract.

(2)The Contractor shall update the IUID Registry for changes to the mark information to add or remove other serialized identification marks and to update a virtual UII to a fully compliant UII when the 2D data matrix symbol is added to the item.

(3)The Contractor shall update the IUID Registry for any changes to the current part number or the current part number effective date.

(4)The Contractor shall update the IUID Registry for any changes to the parent item of a DoD serially managed embedded subassembly, component, or part.

(5)The Contractor shall update the IUID Registry for all Government-furnished PIPC under this contract, so that the IUID Registry reflects the same information that is recorded in the Contractor's property records for Government-furnished PIPC as transactions occur, or at least semi-annually by March 31 and September 30 of each year.

(d)*Procedures for marking.*

(1)When an event occurs that requires the physical marking of the item with the 2D data matrix symbol, the Contractor shall use the previously assigned virtual UII as the permanent UII.

(2)The Contractor shall use MIL-STD-130M (or later version) when physically marking existing PIPC with the compliant 2D data matrix symbol. The Contractor that has possession of the PIPC shall use due diligence to maintain the integrity of the UII and shall replace a damaged, destroyed, or lost mark with a replacement mark that contains the same UII data elements, as necessary. The Contractor shall apply the required 2D data matrix symbol to an identification plate, band, tag, or label securely fastened to the item, or directly to the surface of the item to be compliant.

(3)When an item cannot be physically marked or tagged due to a lack of available space to mark identifying information or because marking or tagging would have a deleterious effect, the Contractor shall—

(i)Attach to the item a tag that has the identifying information marked on the tag;

(ii)Place the item in a supplemental bag or other package that encloses the item and has a tag attached to the bag or package that has the identifying information marked on the tag; or

(iii)Apply the identifying information to the unit pack in addition to, or in combination with, the identification marking information specified in MIL-STD-129. When combining marking requirements for a unit pack, the Contractor shall follow the manner, method, form, and format of MIL-STD-129 and shall fulfill the informational requirements of that standard.

(4)When the item has the tag removed or the item is removed from the bag to be installed as an embedded item in a parent item, the Contractor shall—

(i)Assign a UII or a virtual UII to the parent item if a UII does not already exist;

(ii)Mark the parent item with the DoD compliant 2D data matrix symbol, if feasible; and

(iii)Update the IUID Registry to indicate that the tagged or bagged UII item has become an embedded item within the parent item.

(5)In the event a previously tagged or bagged embedded item is subsequently removed from use, the Contractor shall tag or bag and mark the item again with the original UII. (End of clause) 252.245-7001 [Removed] 8. Section 252.245-7001 is removed. [FR Doc. E7-18039 Filed 9-12-07; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032-7032-01] RIN 0648-XC46 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2007 total allowable catch

(TAC)of pollock for Statistical Area 620 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 10, 2007, through 1200 hrs, A.l.t., October 1, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The C season allowance of the 2007 TAC of pollock in Statistical Area 620 of the GOA is 2,304 metric tons

(mt)as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007). In accordance with § 679.20(a)(5)(iv)(B) the Administrator, Alaska Region, NMFS (Regional Administrator), hereby decreases the C season pollock allowance by 849 mt, the amount of the B season allowance of the pollock TAC that was exceeded in Statistical Area 620. Therefore, the revised C season allowance of the pollock TAC in Statistical Area 620 is 1,455 mt (2,304 mt minus 849 mt). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the C season allowance of the 2007 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,435 mt, and is setting aside the remaining 20 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 620 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 7, 2007. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: September 7, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-4498 Filed 9-10-07; 1:15 pm]

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