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

§
Marginalia
Code · REGISTER · 2007-09-18 · PROPOSED RULES · Unknown

Unknown. Interim rule and request for comments

62,924 words·~286 min read·/register/2007/09/18/07-4614

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-2007-09-18.xml --- 72 180 Tuesday, September 18, 2007 Contents AID Agency for International Development RULES Acquisition regulations: Miscellaneous amendments, 53161-53165 E7-18234 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: African swine fever; regions— Georgia, 53101-53102 E7-18315 Bovine spongiform encephalopathy; minimal-risk regions; importation of live bovines and products derived from bovines, 53314-53379 07-4595 PROPOSED RULES Plant-related quarantine, domestic:
Exotic fruit flies; regulations consolidation, 53171-53181 E7-18316 Army Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53234 07-4609 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard RULES Great Lakes pilotage regulations: Rate adjustments, 53158-53161 E7-18306 Regattas and marine parades: Sunset Lake Hydrofest, 53118 E7-18354 PROPOSED RULES Drawbridge operations:
New York, 53202-53204 E7-18302 NOTICES Committees; establishment, renewal, termination, etc.: Chemical Transportation Advisory Committee, 53251 E7-18304 National Offshore Safety Advisory Committee, 53252 E7-18300 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53233-53234 07-4608 07-4610 Economic Economic Development Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Viking Plastics et al., 53227-53228 E7-18330 Education Education Department NOTICES Privacy Act; computer matching programs, 53235-53236 E7-18376 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53236-53237 E7-18275 Consumer products; energy conservation program: Daikin U.S.
Corp.; residential air conditioner and heat pump procedures waiver, 53237-53242 E7-18340 LG Electronics USA, Inc.; residential air conditioner and heat pump test procedures waiver, 53243-53248 E7-18338 EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines: Nonroad diesel engines; emission standards; technical amendments and Tier 3 technical relief provision, 53118-53134 E7-18161 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Commodity vocabulary data base; nomenclature changes; technical amendment, 53134-53151 E7-18159 Superfund program: National oil and hazardous substances contingency plan priorities list, 53151-53152 E7-18363 Toxic substances: Polychlorinated biphenyls; manufacturing (import) exemption, 53152-53158 E7-18345 PROPOSED RULES Air pollution control; new motor vehicles and engines: Nonroad diesel engines; emission standards; technical amendments and Tier 3 technical relief provision, 53204-53211 E7-18163 NOTICES Superfund; response and remedial actions, proposed settlements, etc.:
Davis Refining Site, FL, 53249-53250 E7-18351 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airports: Commuter and on-demand operations; operating requirements; technical amendment, 53114 E7-18350 Airworthiness directives: Airbus, 53102-53104 E7-18050 B/E Aerospace Skyluxe II, 53110-53112 E7-18336 General Electric Co., 53106-53108 E7-18134 Hawker Beechcraft, 53104-53106 E7-18048 Pacific Aerospace Corporation, Ltd.; correction, 53102 E7-18136 Rolls-Royce plc, 53108-53110 E7-18324 Turbomecca, 53112-53114 E7-18337 PROPOSED RULES Airworthiness standards:
Special conditions— Adam Aircraft Industries Model A700, 53196-53201 E7-18342 Class E airspace, 53201-53202 E7-18332 NOTICES Aeronautical land-use assurance; waivers: Dallas-Fort Worth International Airport, TX, 53276-53277 07-4604 Airport noise compatibility program: Hartsfield-Jackson International Airport, GA, 53277-53278 07-4603 Air traffic operating and flight rules, etc.: Chicago O’Hare International Airport, IL; international arrival authorizations for summer 2008 season, 53277 07-4605 Meetings:
Commercial Space Transportation Advisory Committee, 53278 07-4607 Passenger facility charges; applications, etc.: Ronald Reagan Washington National Airport, VA, 53278-53279 07-4606 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessments: Dividend requirements; implementation, 53181-53196 07-4596 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 53248-53249 E7-18281 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53279-53280 E7-18297 E7-18299 Environmental statements; availability, etc.:
St. Clair County, MI, 53280-53281 07-4611 Federal Reserve Federal Reserve System NOTICES Bank and bank holding companies: Change in bank control, 53250 E7-18348 Banks and bank holding companies: Change in bank control, 53250 E7-18283 Formations, acquisitions, and mergers, 53250-53251 E7-18282 E7-18347 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Eugene-Springfield Metropolitan Area, OR; West 11th Avenue Bus Rapid Transit Corridor, 53281-53283 E7-18339 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Pariette cactus; listing, 53211-53222 E7-18195 NOTICES Comprehensive conservation plans; availability, etc.: Howland Island National Wildlife Refuge, et al., 53260-53261 E7-18331 Endangered and threatened species permit applications, determinations, etc., 53261 E7-18317 Foreign Foreign Assets Control Office NOTICES Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Narcotics-related blocked persons and entities; additional designations, 53289-53290 E7-18307 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Missouri, 53228 E7-18370 New York TKD Industries, Inc.; cosmetic kit manufacturing facility, 53229 E7-18369 Forest Forest Service NOTICES Environmental statements; notice of intent:
Chequamegon-Nicolet National Forest, WI, 53223-53225 E7-18341 Grants and cooperative agreements; availability, etc.: Woody biomass utilization grant program, 53225-53227 E7-18380 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53252-53255 E7-18308 E7-18309 E7-18310 E7-18311 Grants and cooperative agreements; availability, etc.:
Capacity Building for Community Development and Affordable Housing Program, 53255-53260 E7-18386 Low income housing: Difficult development areas and qualified census tracts; statutorily mandated designation for tax credit, 53382-53392 07-4620 Regulatory waiver requests; quarterly listing, 53294-53312 E7-18120 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Commission NOTICES Import investigations: Audio processing integrated circuits and products containing same, 53263 E7-18206 Justice Justice Department See Parole Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 53263-53264 E7-18322 Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 53261-53262 07-4613 Meetings:
Resource Advisory Councils— Central California, 53262-53263 E7-18313 Maritime Maritime Administration NOTICES Environmental statements; availability, etc.: Clearwater Port Liquefied Natural Gas Deepwater Port license application, CA; public hearing, 53283-53286 E7-18323 Mine Mine Safety and Health Administration NOTICES Safety standard petitions, 53264-53266 E7-18367 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 53268 E7-18284 National Institute National Institute of Standards and Technology NOTICES Meetings:
Hydrogen Measurement Standards, U.S. National Work Group, 53229 E7-18368 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 53169-53170 07-4614 West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 53165-53169 E7-18364 NOTICES Committees; establishment, renewal, termination, etc.: Monterey Bay National Marine Sanctuary Advisory Council, 53229-53230 07-4598 Western and Central Pacific Fisheries Commission Advisory Committee, 53230-53231 07-4615 Meetings:
Commercial Remote Sensing Advisory Committee, 53231-53232 E7-18328 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 53268-53269 07-4641 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53266-53268 E7-18314 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 53269 07-4644 Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.:
Expedited revocation procedure; advanced consent, 53114-53116 E7-17760 Probable cause hearings; feasibility of conducting through video conferences between Commission office and District of Columbia Central Dentention Facility, 53116-53118 E7-17762 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53232-53233 E7-18326 E7-18333 E7-18334 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials:
Special permit applications; list, 53286-53287 07-4601 Special permit applications delayed; list, 53287-53288 07-4612 Special permit modification applications; list, 53288-53289 07-4602 Presidential Presidential Documents ADMINISTRATIVE ORDERS Trade: Trading With the Enemy Act; continuation of certain authorities (Presidential Determination) No. 2007-32 of September 13, 2007, 53407-53409 07-4653 Public Public Debt Bureau NOTICES Senior Executive Service Performance Review Board; membership, 53290-53291 E7-18325 E7-18329 SEC Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 53269-53270 E7-18312 E7-18381 Securities: Suspension of trading— Terax Energy, Inc., 53270 E7-18268 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 53270-53271 E7-18269 New York Stock Exchange LLC, 53271-53273 E7-18270 Options Clearing Corp., 53273-53274 E7-18271 SBA Small Business Administration NOTICES Disaster loan areas: Arizona, 53274 E7-18320 Idaho, 53274 E7-18321 North Dakota, 53275 E7-18318 E7-18319 State State Department NOTICES Meetings:
International Communications and Information Policy Advisory Committee, 53275-53276 E7-18366 UNESCO; U.S. National Commission, 53276 E7-18365 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Public Debt Bureau NOTICES Senior Executive Service Combined Performance Review Board, 53289 E7-18360 Senior Executive Service Performance Review Board; membership, 53289 E7-18358 Customs U.S.
Customs and Border Protection PROPOSED RULES Air commerce and vessels in foreign and domestic trades: Passengers, crew members and non-crew members traveling onboard international commercial flights and voyages; electronic manifest requirements, 53394-53406 E7-18121 Separate Parts In This Issue Part II Housing and Urban Development Department, 53294-53312 E7-18120 Part III Agriculture Department, Animal and Plant Health Inspection Service, 53314-53379 07-4595 Part IV Housing and Urban Development Department, 53382-53392 07-4620 Part V Homeland Security Department, U.S.
Customs and Border Protection, 53394-53406 E7-18121 Part VI Executive Office of the President, Presidential Documents, 53407-53409 07-4653 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. 72 180 Tuesday, September 18, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No.
APHIS-2007-0108] Add the Republic of Georgia to List of Regions Where African Swine Fever Exists AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations concerning the importation of animals and animal products by adding the Republic of Georgia to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been confirmed in various locations throughout Georgia.
This action will restrict the importation of pork and pork products into the United States from Georgia and is necessary to prevent the introduction of African swine fever into the United States. DATES: This interim rule is effective retroactively to June 5, 2007. We will consider all comments that we receive on or before November 19, 2007. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.
” In the Docket ID column, select APHIS-2007-0108 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No.
APHIS-2007-0108, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0108. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.
To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Javier Vargas, Animal Scientist, Regionalization Evaluation Services Staff, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231;
(301)734-0756. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 94 (referred to below as the regulations) govern the importation of specified animals and animal products to prevent the introduction into the United States of various animal diseases, including rinderpest, foot-and-mouth disease, bovine spongiform encephalopathy, swine vesicular disease, classical swine fever, and African swine fever (ASF). These are dangerous and destructive communicable diseases of ruminants and swine. Section 94.8 of the regulations lists regions of the world where ASF exists or is reasonably believed to exist and imposes restrictions on the importation of pork and pork products into the United States from those regions. On June 5, 2007, the Republic of Georgia reported to the World Organization for Animal Health
(OIE)11 outbreaks of ASF in various areas throughout the country. The source of the outbreak is unknown. Therefore, in order to prevent the introduction of ASF into the United States, we are amending the regulations by adding Georgia to the list of regions in § 94.8 where ASF exists or is reasonably believed to exist. As a result of this action, the importation into the United States of pork or pork products from Georgia will be restricted. We are imposing this restriction retroactively to June 5, 2007, which is that the presence of ASF in Georgia was confirmed. Emergency Action This rulemaking is necessary on an emergency basis to prevent the introduction of ASF into the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This interim rule amends the regulations by adding the Republic of Georgia to the list of regions in which ASF exists. This action is necessary on an emergency basis to prevent the introduction of ASF into the United States. The rule will restrict the importation of pork and pork products from Georgia. Georgia is a net importer of swine and swine products. The country's exports of pork products represent less than 0.1 percent of the world export of these products. The United States, Canada, and Mexico did not import any pork or pork products from Georgia during the period of January 2006 through March 2007. Since no pork or pork products have been imported into the United States from Georgia during this time period, it is unlikely that this interim rule will have any substantial effects on trade, or on large or small businesses. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has retroactive effect to June 5, 2007; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 94.8 [Amended]. 2. In § 94.8, the introductory text is amended by adding the word “Georgia,” after the word “Cuba.” Done in Washington, DC, this 12th day of September 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-18315 Filed 9-17-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27864; Directorate Identifier 2007-CE-038-AD; Amendment 39-15161; AD 2007-17-03] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Corporation, Ltd. Model 750XL Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This document makes a correction to Airworthiness Directive
(AD)2007-17-03, which was published in the **Federal Register** on August 21, 2007 (72 FR 46541), and applies to certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. AD 2007-17-03 requires inspecting the inboard end of the rear spar for security of the blind rivets, inspecting the radii of the rear spar upper and lower flanges for cracking, inspecting the aft flange of the inboard rib for cracking, replacing the rear spar if cracks are found in any of the inspections, and replacing rear spar blind rivets with bolts or rivets. The paragraph following the section heading Materials Incorporated by Reference does not have a paragraph designator. This document corrects that paragraph by inserting the paragraph designator “(i)” preceding the paragraph text. DATES: The effective date of this AD (2007-17-03) remains September 25, 2007. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4146; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On August 8, 2007, the FAA issued AD 2007-17-03, Amendment 39-15161 (72 FR 46541, August 21, 2007), which applies to certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. AD 2007-17-03 requires you to inspect the inboard end of the rear spar for security of the blind rivets, inspecting the radii of the rear spar upper and lower flanges for cracking, inspecting the aft flange of the inboard rib for cracking, replacing the rear spar if cracks are found in any of the inspections, and replacing rear spar blind rivets with bolts or rivets. The paragraph following the section heading Materials Incorporated by Reference does not have a paragraph designator. This document corrects that paragraph by inserting the paragraph designator “(i)” preceding the paragraph text. Need for the Correction This correction is needed to specify the paragraph designator for the paragraph that follows the Materials Incorporated by Reference section heading. Correction of Publication Accordingly, the publication of August 21, 2007 (72 FR 46541), of Amendment 39-15161; AD 2007-17-03 which was the subject of FR Doc. E7-15978, is corrected as follows: § 39.13 [Corrected] On page 46542, in the second column, at the beginning of the paragraph following the Materials Incorporated by Reference section heading, the paragraph designator (i), indented two spaces, precedes the paragraph. Action is taken herein to correct this reference in AD 2007-17-03 and to add this AD correction to § 39.13 of the Federal Aviation Regulations (14 CFR 39.13). The effective date remains September 25, 2007. Issued in Kansas City, Missouri, on September 10, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18136 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28372; Directorate Identifier 2007-NM-080-AD; Amendment 39-15194; AD 2007-19-04] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300F4-605R and A300F4-622R Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Further to cases of parking brake loss at the gate, a pressure switch system had been introduced on some A300-600 aircraft. The aim of this modification was to recover pedals braking authority if parking brake is not efficient, without having to set the parking brake handle to OFF. However, it appears that in case of failure of the pressure switch system, there is the risk of double (normal and alternate) pressurization of the brakes potentially leading to undetected residual braking, which may lead to a loss of performances of the aircraft at Take-Off. The loss of performance could result in runway overrun or impact with obstacles or terrain during takeoff. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective October 23, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 23, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1622; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on June 11, 2007 (72 FR 32025). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Further to cases of parking brake loss at the gate, a pressure switch system had been introduced on some A300-600 aircraft. The aim of this modification was to recover pedals braking authority if parking brake is not efficient, without having to set the parking brake handle to OFF. However, it appears that in case of failure of the pressure switch system, there is the risk of double (normal and alternate) pressurization of the brakes potentially leading to undetected residual braking, which may lead to a loss of performances of the aircraft at Take-Off. This new AD requires accomplishment of a wiring modification that will inhibit the effect of modifications 12088 and 12403. The loss of performance could result in runway overrun or impact with obstacles or terrain during takeoff. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance Based on the service information, we estimate that this AD affects about 51 products of U.S. registry. We also estimate that it takes about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Where the service information lists required labor costs that are covered under warranty at the operator's agreed in-house warranty labor rate, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $12,240, or $240 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-19-04 Airbus:** Amendment 39-15194. Docket No. FAA-2007-28372; Directorate Identifier 2007-NM-080-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective October 23, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A300F4-605R and A300F4-622R airplanes; certificated in any category; all serial numbers; on which Airbus Modifications 12088 and 12403 have been embodied during production, or which incorporated Airbus Service Bulletin A300-32-6085 in service, except airplanes on which Airbus Modification 12618 has been embodied during production, or which incorporated Airbus Service Bulletin A300-32-6100 in service. Subject
(d)Air Transport Association
(ATA)of America Code 32: Landing Gear. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Further to cases of parking brake loss at the gate, a pressure switch system had been introduced on some A300-600 aircraft. The aim of this modification was to recover pedals braking authority if parking brake is not efficient, without having to set the parking brake handle to OFF. However, it appears that in case of failure of the pressure switch system, there is the risk of double (normal and alternate) pressurization of the brakes potentially leading to undetected residual braking, which may lead to a loss of performances of the aircraft at Take-Off. This new AD requires accomplishment of a wiring modification that will inhibit the effect of modifications 12088 and 12403. The loss of performance could result in runway overrun or impact with obstacles or terrain during takeoff. Actions and Compliance
(f)Within 3 months after the effective date of this AD unless already done: Modify the wiring in the right electronics rack 90VU (volt unit), in accordance with the instructions of Airbus Service Bulletin A300-32-6100, dated September 18, 2006. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1622; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2007-0068, dated March 14, 2007; and Airbus Service Bulletin A300-32-6100, dated September 18, 2006; for related information. Material Incorporated by Reference
(i)You must use Airbus Service Bulletin A300-32-6100, dated September 18, 2006, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on August 31, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18050 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28308; Directorate Identifier 2007-NM-016-AD; Amendment 39-15195; AD 2007-19-05] RIN 2120-AA64 Airworthiness Directives; Hawker Beechcraft Model 400, 400A, and 400T Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Hawker Beechcraft Model 400, 400A, and 400T series airplanes. This AD requires modifying the attachment fasteners on the engine cowling panels. This AD results from several reports of loose attachment fasteners found on the engine cowling panels, and subsequently the panels either peeling back or separating from the airplane during flight. We are issuing this AD to prevent failure of the attachment fasteners on the engine cowling panels, which could result in separation of a panel from the airplane, and consequent damage to airplane structure. These conditions could adversely affect continued safe flight and landing of the airplane, or cause injury to people or damage to property on the ground. DATES: This AD becomes effective October 23, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 23, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. Contact Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas 67206, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: William Griffith, Aerospace Engineer, Airframe and Services Branch, ACE-118W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone
(316)946-4116; fax
(316)946-4107. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone
(800)647-5527) is located on the ground floor of the West Building at the DOT street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Raytheon (Beech) Model 400, 400A, and 400T series airplanes. That NPRM was published in the **Federal Register** on May 29, 2007 (72 FR 29446). That NPRM proposed to require modifying the attachment fasteners on the engine cowling panels. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Explanation of Change to Applicability We have revised the applicability of the existing AD to match the most recent type certificate data sheet for the affected models. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 757 airplanes of the affected design in the worldwide fleet. This AD affects about 575 airplanes of U.S. registry. The required actions take about 10 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $400 per airplane. Based on these figures, the estimated cost of this AD for U.S. operators is $690,000, or $1,200 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-19-05 Hawker Beechcraft Corporation (Formerly Raytheon Aircraft Company):** Amendment 39-15195. Docket No. FAA-2007-28308; Directorate Identifier 2007-NM-016-AD. Effective Date
(a)This AD becomes effective October 23, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Hawker Beechcraft Model 400, 400A, and 400T series airplanes, certificated in any category; as identified in Raytheon Service Bulletin SB 54-3788, dated December 2006. Unsafe Condition
(d)This AD results from several reports of loose attachment fasteners found on the engine cowling panels, and subsequently the panels either peeling back or separating from the airplane during flight. We are issuing this AD to prevent failure of the attachment fasteners on the engine cowling panels, which could result in separation of a panel from the airplane, and consequent damage to airplane structure. These conditions could adversely affect continued safe flight and landing of the airplane, or cause injury to people or damage to property on the ground. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Modification
(f)Within 200 flight hours after the effective date of this AD: Modify the attachment fasteners on the engine cowling panels by doing all the actions in accordance with the Accomplishment Instructions of Raytheon Service Bulletin SB 54-3788, dated December 2006. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Wichita Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(h)You must use Raytheon Service Bulletin SB 54-3788, dated December 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas 67206, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on August 31, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18048 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25239; Directorate Identifier 2006-NE-23-AD; Amendment 39-15196; AD 2007-19-06] RIN 2120-AA64 Airworthiness Directives; General Electric Company Aircraft Engine Group
(GEAE)CF6-45A Series, CF6-50A, CF6-50C Series and CF6-50E Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for GEAE CF6-45A, -45A2, -50A, -50C, -50CA, -50C1, -50C2, -50C2B, -50C2D, -50C2F, -50C2R, -50E, -50E1, - 50E2, and -50E2B turbofan engines. This AD requires replacing the compressor discharge pressure
(CDP)restoring spring assembly on certain main engine controls
(MECs)or re-marking MECs that already incorporate GEAE Service Bulletin
(SB)No. CF6-50 S/B 73-0119, dated March 21, 2005. This AD results from reports of five events involving fractured CDP restoring spring assemblies. We are issuing this AD to prevent loss of engine thrust control that could lead to loss of control of the airplane. DATES: This AD becomes effective October 23, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of October 23, 2007. ADDRESSES: You can get the service information identified in this AD from General Electric Company via GE-Aviation, Attn: Distributions, 111 Merchant St., Room 230, Cincinnati, Ohio 45246; telephone
(513)552-3272; fax
(513)552-3329. The Docket Operations office is located at U.S. Department of Transportation, Docket Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tara Chaidez, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone
(781)238-7773; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to GEAE CF6-45A, -45A2, -50A, -50C, -50CA, -50C1, -50C2, -50C2B, -50C2D, -50C2F, -50C2R, -50E, -50E1, -50E2, and -50E2B turbofan engines. We published the proposed AD in the **Federal Register** on May 31, 2007 (74 FR 30300). That action proposed to require replacing the CDP restoring spring assembly on certain MECs and re-marking MECs that already incorporate GEAE SB No. CF6-50 S/B 73-0119, dated March 21, 2005 or GEAE SB No. CF6-50 S/B 73-0119, Revision 01, dated May 26, 2006. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. The commenters support the proposal. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this proposed AD would affect 756 GEAE CF6-45A, -50C, and -50E series turbofan engines installed on airplanes of U.S. registry. We also estimate that it would take about 40 work-hours per engine to perform the proposed actions, and that the average labor rate is $80 per work-hour. Required parts would cost about $1,787 per engine. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $3,770,172. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-19-06 General Electric Company Aircraft Engine Group:** Amendment 39-15196. Docket No. FAA-2006-25239; Directorate Identifier 2006-NE-23-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective October 23, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to General Electric Company Aircraft Engine Group
(GEAE)CF6-45A, 45A2, -50A, -50C, -50CA, -50C1, -50C2, -50C2B, -50C2D, -50C2F, -50C2R, -50E, -50E1, -50E2, and -50E2B turbofan engines that have a main engine control
(MEC)with a part number (P/N) specified in Table 1 of this AD installed. These engines are installed on, but not limited to, Airbus A300 series airplanes, McDonnell Douglas DC-10, KC-10, and MD-10 series airplanes, and Boeing 747 series airplanes. Table 1.—Affected Woodward and GEAE P/Ns for MECs by Engine Model Series Engine model series Woodward P/N GEAE P/N CF6-50A, -50C, -50CA, -50C1, -50C2, -50C2B, -50C2D, -50C2F, -50C2R. 8062-275 8062-279 9070M55P42 9070M55P44 8062-287 9070M55P49 8062-289 9070M55P51 8062-819 9070M55P101 8062-822 9070M55P102 8062-824 9070M55P103 8062-823 9070M55P104 8062-826 9070M55P105 8062-827 9070M55P106 8062-828 9070M55P107 8062-829 9070M55P108 CF6-45A, -45A2, -50E, -50E1, -50E2, -50E2B 8062-276 8062-280 9187M29P10 9187M29P11 8062-290 9187M29P14 8062-291 9187M29P15 8062-817 9187M29P100 8062-820 9187M29P101 8062-896 9187M29P22 8062-897 9187M29P23 8062-898 9187M29P20 8062-899 9187M29P21
(d)This AD results from reports of five events involving fractured compressor discharge pressure
(CDP)restoring spring assembly. We are issuing this AD to prevent loss of engine thrust control that could lead to loss of control of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Replacing the CDP Restoring Spring Assembly on CF6-50A Engines and -50C Series Engines
(f)For CF6-50A model engines and -50C series engines that have an MEC that has a P/N listed in Table 1 of this AD, replace the CDP restoring spring assembly as follows in Table 2 of this AD: Table 2.—Compliance Schedule for CF6-50A and -50C Engines If the CDP restoring spring assembly in your MEC Then By Use
(1)Was already replaced using GEAE CF6-50 S/B 73-0119, dated March 21, 2005 Re-mark the MEC The next time the MEC is routed for repair such as the next MEC shop visit Paragraph 3.A. of the Accomplishment Instructions of SB No. CF6-50 S/B 73-0119, Revision 02, dated March 9, 2007.
(2)Was already replaced within 10,000 or fewer hours time-in-service
(TIS)before the effective date of this AD, and the replacement spring assembly (P/N 3018-248) had zero hours TIS Replace the spring assembly and remark the MEC The first MEC shop visit or engine shop visit after the MEC exceeds 10,000 hours TIS, but do not exceed 20,000 hours TIS Paragraph 3.A. of the Accomplishment Instructions of SB No. CF6-50 S/B 73-0119, Revision 02, dated March 9, 2007.
(3)Has more then 10,000 hours TIS Replace the spring assembly and remark the MEC The next MEC shop visit or engine shop visit whichever occurs first Paragraph 3.A. of the Accomplishment Instructions of SB No. CF6-50 S/B 73-0119, Revision 02, dated March 9, 2007. Replacing the CDP Restoring Spring Assembly on CF6-45A and -50E Series Engines
(g)For CF6-45A series and -50E series engines that have an MEC that has a P/N listed in Table 1 of this AD, replace the CDP restoring spring assembly as follows in Table 3 of this AD: Table 3.—Compliance Schedule for CF6-45A and -50E Engines If the CDP restoring spring assembly in your MEC Then By Use
(1)Was already replaced within 10,000 or fewer hours time-in-service
(TIS)before the effective date of this AD, and the replacement spring assembly (P/N 3018-248) had zero hours TIS Replace the spring assembly and remark the MEC The first MEC shop visit or engine shop visit after the MEC exceeds 10,000 hours TIS, but do not exceed 20,000 hours TIS Paragraph 3.A. of the Accomplishment Instructions of SB No. CF6-50 S/B 73-0120, dated March 21, 2007.
(2)Has more then 10,000 hours TIS Replace the spring assembly and remark the MEC The next MEC shop visit or engine shop visit whichever occurs first Paragraph 3.A. of the Accomplishment Instructions of SB No. CF6-50 S/B 73-0120, dated March 21, 2007. Definition
(h)For the purpose of this AD, a shop visit is induction of the engine or MEC into the shop for any cause. Installation Prohibition
(i)After the effective date of the AD, do not install an MEC that:
(1)Has not complied with SB No. CF6-50 S/B 73-0119, Revision 02, dated March 9, 2007 or earlier revision, or SB No. CF6-50 S/B 73-0120, dated March 21, 2007, or
(2)Has not had the CDP restoring spring replaced with a spring assembly, P/N 3018-248, or FAA-approved equivalent spring assembly, within the previous 10,000 hours of MEC operation. Alternative Methods of Compliance
(j)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(k)None.
(l)Tara Chaidez, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone
(781)238-7773; fax
(781)238-7199, for more information about this AD. Material Incorporated by Reference
(m)You must use the service information specified in Table 4 to perform the replacements required by this AD. The Director of the Federal Register approved the incorporation by reference of the documents listed in Table 4 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact General Electric Company via GE-Aviation, Attn: Distributions, 111 Merchant St., Room 230, Cincinnati, Ohio 45246; telephone
(513)552-3272; fax
(513)552-3329, for a copy of this service information. You may review copies at the FAA, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Table 4.—Incorporation by Reference Service Bulletin No. Page Revision Date CF6-50 S/B 73-0119 ALL 02 March 9, 2007. Total Pages—11 CF6-50 S/B 73-0120 ALL Original March 21, 2007. Total Pages—11 Issued in Burlington, Massachusetts, on September 7, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18134 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27955; Directorate Identifier 2007-NE-15-AD; Amendment 39-15201; AD 2007-19-10] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc RB211 Trent 500 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)provided by an aviation authority of the United Kingdom
(UK)to identify and correct an unsafe condition on Rolls-Royce plc RB211 Trent 500 series turbofan engines. The MCAI states the following: This AD requires replacement of Intermediate Pressure Compressor (IP Compressor) Drums (Part Number FK30102) of nine part serial numbers. This action is necessary following the discovery of strain induced porosity in a Trent 500 IP Compressor Drum forging. Engineering assessment concluded that the problem is caused by the forging process and it is believed that this is a batch related occurrence. Nine discs, identified as coming from the same batch, could be affected by this problem. Strain induced porosity in the dovetail posts of the stage 1 of the IP Compressor drum could result, in the worst case, in an uncontained loss of 2 IP Compressor stage 1 blades. Thus, the strain induced porosity possibly affecting those nine discs presents a potential unsafe condition. We are issuing this AD to prevent uncontained loss of IP compressor stage 1 blades. DATES: This AD becomes effective October 3, 2007. We must receive comments on this AD by October 3, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Christopher.spinney@faa.gov,* telephone
(781)238-7175, fax
(781)238-7199. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued AD 2007-0046, dated February 22, 2007, to correct an unsafe condition for the specified products. The EASA AD states: This Airworthiness Directive requires replacement of Intermediate Pressure Compressor (IP Compressor) Drums (Part Number FK30102) of nine part serial numbers. This action is necessary following the discovery of strain induced porosity in a Trent 500 IP Compressor Drum forging. Engineering assessment concluded that the problem is caused by the forging process and it is believed that this is a batch related occurrence. Nine discs, identified as coming from the same batch, could be affected by this problem. Strain induced porosity in the dovetail posts of the stage 1 of the IP Compressor drum could result, in the worst case, in an uncontained loss of 2 IP Compressor stage 1 blades. Thus, the strain induced porosity possibly affecting those nine discs presents a potential unsafe condition. You may obtain further information by examining the EASA AD in the docket. Relevant Service Information Rolls-Royce plc has issued Mandatory Service Bulletin No. 292 73 2818, Original Issue, dated October 18, 2006, and Update No. 1, dated April 3, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of the UK and is approved for operation in the United States. Pursuant to our bilateral agreement with the UK, they have notified us of the unsafe condition described in the EASA AD and service information referenced above. We are issuing this AD because we evaluated all the information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD requires removal of IP Compressor Drums, part number FK30102, serial numbers MW0134967, MW0131219, MW0156891, MW0158192, MW0164840, MW0168864, MW0168190, MW0171399, and KHI00012 from service at the next engine overhaul or before accumulating 2,190 cycles-since-new, whichever occurs first. This AD also requires replacement with a serviceable Drum. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because no airplanes that are registered in the United States use these engines. Therefore, we determined that notice and opportunity for public comment before issuing this AD are unnecessary and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27955; Directorate Identifier 2007-NE-15-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-19-10 Rolls-Royce plc:** Amendment 39-15201; Docket No. FAA-2007-27955; Directorate Identifier 2007-NE-15-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective October 3, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Rolls-Royce plc RB211 Trent 553-61, 556-61, 556B-61, 560-61, 553A2-61, 556A2-61, 556B2-61, and 560A2-61 turbofan engines. These engines are installed on, but not limited to, Airbus A340-500 and 600 series airplanes. Reason
(d)European Aviation Safety Agency
(EASA)AD No. 2007-0046, dated February 22, 2007, states: This Airworthiness Directive requires replacement of Intermediate Pressure Compressor (IP Compressor) Drums (Part Number FK30102) of nine part serial numbers. This action is necessary following the discovery of strain induced porosity in a Trent 500 IP Compressor Drum forging. Engineering assessment concluded that the problem is caused by the forging process and it is believed that this is a batch related occurrence. Nine discs, identified as coming from the same batch, could be affected by this problem. Strain induced porosity in the dovetail posts of the stage 1 of the IP Compressor drum could result, in the worst case, in an uncontained loss of 2 IP Compressor stage 1 blades. Thus, the strain induced porosity possibly affecting those nine discs presents a potential unsafe condition. Actions and Compliance
(e)Unless already done, do the following actions.
(1)Remove the IP Compressor Drums, part number FK30102, serial numbers MW0134967, MW0131219, MW0156891, MW0158192, MW0164840, MW0168864, MW0168190, MW0171399, and KHI00012, from service at the next engine overhaul or before accumulating 2,190 cycles-since-new, whichever occurs first.
(2)Replace these IP Compressor Drums with a serviceable Drum. Other FAA AD Provisions
(f)*Alternative Methods of Compliance (AMOCs):* The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information
(g)Refer to EASA AD 2007-0046, dated February 22, 2007, and Rolls-Royce plc Alert Service Bulletin No. RB.211-72-AF258, Revision 1, dated March 29, 2007, for related information.
(h)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Christopher.spinney@faa.gov,* telephone
(781)238-7175, fax
(781)238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on September 11, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18324 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28075; Directorate Identifier 2007-NE-21-AD; Amendment 39-15204; AD 2007-19-13] RIN 2120-AA64 Airworthiness Directives; B/E Aerospace Skyluxe II
(AA2)Passenger Seats AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by the aviation authority of the United Kingdom
(UK)to identify and correct an unsafe condition on B/E Aerospace Skyluxe II
(AA2)passenger seats. The MCAI states the following: Compliance is required with B/E Aerospace Alert Service Bulletin 25-20-2658 not later than one month from receipt of the bulletin. The Alert Service Bulletin requires inspection and re-orientation of the Hydrolok retaining pin. This action is required because under certain conditions the Hydrolok pin can migrate and disconnect from the seat structure, resulting in the seat back having no rearward restraint and allowing it to rotate aft into the seat or exit pathway behind. We are issuing this AD to prevent detachment of the seat hydrolok pin, allowing the seat back to rotate aft without restraint, which could lead to occupant injury. DATES: This AD becomes effective October 3, 2007. The Director of the Federal Register approved the incorporation by reference of B/E Aerospace Alert Service Bulletin No. 25-20-2658, dated November 12, 2001, listed in the AD as of October 18, 2007. We must receive comments on this AD by October 18, 2007. ADDRESSES: The Docket Operations office is located at U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Jeffrey.lee@faa.gov;* telephone
(781)238-7161; fax
(781)238-7170. SUPPLEMENTARY INFORMATION: Discussion The Civil Aviation Authority (CAA), which is the civil aviation authority for the UK, has issued AD 002-11-2001, dated November 27, 2001, to correct an unsafe condition for the specified products. The CAA AD states: Compliance is required with B/E Aerospace Alert Service Bulletin 25-20-2658 not later than one month from receipt of the bulletin. The Alert Service Bulletin requires inspection and re-orientation of the Hydrolok retaining pin. This action is required because under certain conditions the Hydrolok pin can migrate and disconnect from the seat structure, resulting in the seat back having no rearward restraint and allowing it to rotate aft into the seat or exit pathway behind. You may obtain further information by examining the CAA AD in the AD docket. Relevant Service Information B/E Aerospace has issued Alert Service Bulletin
(ASB)No. 25-20-2658, dated November 12, 2001. The actions described in this service information are intended to correct the unsafe condition identified in the CAA AD. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of the UK and is approved for operation in the United States. Pursuant to our bilateral agreement with the UK, they have notified us of the unsafe condition described in the CAA AD and service information referenced above. We are issuing this AD because we evaluated all the information provided by the CAA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD requires inspection and re-orientation of the Hydrolok retaining pin. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because B/E Aerospace requires compliance with the ASB within one month of receipt of the ASB. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-28075; Directorate Identifier 2007-NE-21-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-19-13 B/E Aerospace:** Amendment 39-15204; Docket No. FAA-2007-28075; Directorate Identifier 2007-NE-21-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective October 3, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to B/E Aerospace Skyluxe II
(AA2)passenger seats. These seats are installed on, but not limited to, Airbus A300, A300-600, A320, A321, A330, and A340 series airplanes; Boeing 737-800 series, 747-200, -300, and -400 series; 767-200 and -300 series; 777-200 and -300 series airplanes; and McDonnell Douglas MD-11 airplanes. Reason
(d)United Kingdom
(UK)Civil Aviation Authority
(CAA)AD 002-11-2001, dated November 27, 2001, states: Compliance is required with B/E Aerospace Alert Service Bulletin 25-20-2658 not later than one month from receipt of the bulletin. The Alert Service Bulletin requires inspection and re-orientation of the Hydrolok retaining pin. This action is required because under certain conditions the Hydrolok pin can migrate and disconnect from the seat structure, resulting in the seat back having no rearward restraint and allowing it to rotate aft into the seat or exit pathway behind. We are issuing this AD to prevent detachment of the seat hydrolok pin, allowing the seat back to rotate aft without restraint, which could lead to occupant injury. Actions and Compliance
(e)Unless already done, do the following actions within 30 days after the effective date of this AD:
(1)Visually inspect and re-orient if necessary, Hydrolok retaining pins.
(2)Use paragraphs 3.1.1 through 3.1.13 of Accomplishment Instructions of B/E Aerospace Alert Service Bulletin No. 25-20-2658, dated November 12, 2001, to perform the inspections and re-orientations. Other FAA AD Provisions
(f)Alternative Methods of Compliance (AMOCs): The Manager, Boston Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information
(g)Refer to UK CAA AD 002-11-2001, dated November 27, 2001, for related information.
(h)Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Jeffrey.lee@faa.gov* ; telephone
(781)238-7161; fax
(781)238-7170, for more information about this AD. Material Incorporated by Reference
(i)You must use B/E Aerospace Alert Service Bulletin No. 25-20-2658, dated November 12, 2001, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact B/E Aerospace,
(UK)Ltd., Grovebury Road, Leighton Buzzard, Bedfordshire, England LU7 4TB; telephone 44 1525 858 371.
(3)You may review service information copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Burlington, Massachusetts, on September 12, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18336 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD; Amendment 39-15200; AD 2007-19-09] RIN 2120-AA64 Airworthiness Directives; Turbomeca Arriel 2B1 Turboshaft Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are superseding an existing airworthiness directive
(AD)by adopting a new AD for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)provided by the aviation authority of France to identify and correct an unsafe condition on Turbomeca Arriel 2B1 turboshaft engines. The MCAI states the following: This AD is prompted by several reported cases of rupture of the constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). On a single-engine helicopter, the result may be an emergency landing or, at worst, an accident. This AD supersedes *European Aviation Safety Agency*
(EASA)AD 2007-0006 which required the removal from service of all the delta pressure valve diaphragms logging more than 2,000 hours-since-new. Since issuance of EASA AD 2007-0006, no further case of rupture of the constant delta pressure valve diaphragm has been reported on Arriel 2 engines. However, about 40 additional diaphragms returning from service have been inspected by Turbomeca, and some signs of wear have been detected on diaphragms having logged less than 2,000 hours. Based on the inspection results, it has been decided to decrease this limit from 2,000 hours to 1,500 hours in order to further reduce the probability of delta P diaphragm rupture. We are issuing this AD to prevent forced autorotation landing, or an accident. DATES: This AD becomes effective October 3, 2007. We must receive comments on this AD by October 18, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov* ; telephone
(781)238-7175, fax
(781)238-7199. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD 2007-0126, dated May 7, 2007, to correct an unsafe condition for the specified products. The EASA AD states: This AD is prompted by several reported cases of rupture of the constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). On a single-engine helicopter, the result may be an emergency landing or, at worst, an accident. This AD supersedes AD EASA AD 2007-0006 which required the removal from service of all the delta pressure valve diaphragms logging more than 2,000 hours-since-new. Since issuance of EASA AD 2007-0006, no further case of rupture of the constant delta pressure valve diaphragm has been reported on Arriel 2 engines. However, about 40 additional diaphragms returning from service have been inspected by Turbomeca, and some signs of wear have been detected on diaphragms having logged less than 2,000 hours. Based on the inspection results, it has been decided to decrease this limit from 2,000 hours to 1,500 hours in order to further reduce the probability of delta P diaphragm rupture. The loss of automatic control mode coupled with the deteriorated performance of the backup mode can lead to the inability to continue safe flight, forced autorotation landing, or an accident. You may obtain further information by examining the EASA AD in the AD docket. This AD supersedes AD 2007-03-14, Amendment 39-14925 (72 FR 4948, February 2, 2007), which we issued in response to EASA AD 2007-0006, dated January 9, 2007. Relevant Service Information Turbomeca has issued Mandatory Service Bulletin No. 292 73 2818, Original Issue, dated October 18, 2006, and Update No. 1, dated April 3, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of France and is approved for operation in the United States. Pursuant to our bilateral agreement with France, they have notified us of the unsafe condition described in the EASA AD and service information referenced above. We are issuing this AD because we evaluated all the information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD requires initial and repetitive replacement of the HMU with a serviceable HMU every 1,500 hours-in-service. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the high risk to engines that could experience a ruptured delta P diaphragm with HMUs that have accumulated over 1,500 operating hours. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-14925 (72 FR 4948, February 2, 2007) and by adding the following new AD: **2007-19-09 Turbomeca:** Amendment 39-15200; Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective October 3, 2007. Affected ADs
(b)This AD supersedes AD 2007-03-14. Applicability
(c)This AD applies to Turbomeca Arriel 2B1 turboshaft engines. These engines are installed on, but not limited to, Eurocopter AS 350 B3 and EC 130 B4 helicopters. Reason
(d)European Aviation Safety Agency
(EASA)AD No. 2007-0126, dated May 7, 2007, states: This AD is prompted by several reported cases of rupture of the constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). On a single-engine helicopter, the result may be an emergency landing or, at worst, an accident. This AD supersedes EASA AD 2007-0006 which required the removal from service of all the delta pressure valve diaphragms logging more than 2,000 hours-since-new. Since issuance of EASA AD 2007-0006, no further case of rupture of the constant delta pressure valve diaphragm has been reported on Arriel 2 engines. However, about 40 additional diaphragms returning from service have been inspected by Turbomeca, and some signs of wear have been detected on diaphragms having logged less than 2,000 hours. Based on the inspection results, it has been decided to decrease this limit from 2,000 hours to 1,500 hours in order to further reduce the probability of delta P diaphragm rupture. The loss of automatic control mode coupled with the deteriorated performance of the backup mode can lead to the inability to continue safe flight, forced autorotation landing, or an accident. Actions and Compliance
(e)Unless already done, do the following actions.
(1)Replace the HMU with a serviceable HMU before the HMU accumulates 1,500 hours-since-new, since-last-overhaul, or since-incorporation of Turbomeca Service Bulletin
(SB)No. 292 73 2105; or by July 30, 2007, whichever occurs later.
(2)Thereafter, replace HMUs with a serviceable HMU at every 1,500 hours-since-new, since-last-overhaul, or since-incorporation of Turbomeca SB No. 292 73 2105, whichever occurs later.
(3)For the purposes of this AD, a serviceable HMU is an HMU fitted with a new constant delta P diaphragm in accordance with Turbomeca Service Bulletin
(MSB)No. 292 73 2818, Original Issue, dated October 18, 2006, or Update No. 1, dated April 3, 2007. Other FAA AD Provisions
(f)Alternative Methods of Compliance (AMOCs): The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information
(g)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov;* telephone
(781)238-7175, fax
(781)238-7199, for more information about this AD. Material Incorporated by Reference
(h)None. Issued in Burlington, Massachusetts, on September 11, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18337 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 135 Service Difficulty Reports; Correcting Amendment AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correcting amendment. SUMMARY: This action removes an erroneous reference to a section that appears in the applicability section of operating requirements for commuter and on-demand operations. The intent of this action is to ensure that the regulations are clear and accurate. DATES: This amendment becomes effective September 18, 2007. FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone:
(202)493-4922; facsimile:
(202)267-5115; e-mail: *kim.a.barnette@faa.gov.* SUPPLEMENTARY INFORMATION: On December 29, 2005, the FAA published a final rule (70 FR 76974) that withdrew a final rule entitled Service Difficulty Reports. As part of that withdrawal, the FAA should have removed any cross-reference to § 135.416 that appeared elsewhere in the regulation, since that section was removed as part of withdrawing the Service Difficulty Reports rule. To correct this oversight, this action removes references to § 135.416 from paragraphs (a)(1) and (a)(2) of § 135.411. Technical Amendment The technical amendment will make a minor editorial correction to § 135.411, paragraphs (a)(1) and (a)(2). Justification for Immediate Adoption Because this action removes references to a section that no longer exists, the FAA finds that notice and public comment under 5 U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that good cause exists under 5 U.S.C. 553(d) for making this rule effective upon publication. List of Subjects in 14 CFR Part 135 Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping requirements. The Amendment Accordingly, Title 14 of the Code of Federal Regulations
(CFR)part 135 is amended as follows: PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 1. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 45101-45105. 2. Amend § 135.411 by revising paragraphs (a)(1) and (a)(2) to read as follows: § 135.411 Applicability.
(a)* * *
(1)Aircraft that are type certificated for a passenger seating configuration, excluding any pilot seat, of nine seats or less, shall be maintained under parts 91 and 43 of this chapter and §§ 135.415, 135.417, 135.421 and 135.422. An approved aircraft inspection program may be used under § 135.419.
(2)Aircraft that are type certificated for a passenger seating configuration, excluding any pilot seat, of ten seats or more, shall be maintained under a maintenance program in §§ 135.415, 135.417, 135.423 through 135.443. Issued in Washington, DC on September 12, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking, Aviation Safety. [FR Doc. E7-18350 Filed 9-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF JUSTICE Parole Commission 28 CFR Part 2 Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes AGENCY: United States Parole Commission, Justice. ACTION: Final rule. SUMMARY: The Parole Commission is amending its regulations to incorporate a procedural alternative that allows a parolee or supervised releasee to initiate the process of accepting a revocation decision without the need of a revocation hearing. This “advanced consent” alternative has been used in a pilot project in the District of Columbia since October 2005 and has assisted in the prompt resolution of revocation cases. Through this amendment, the Commission is formalizing the adoption of this variation of the expedited revocation procedure and simplifying the format and language of the rule. DATES: Effective date: October 18, 2007. FOR FURTHER INFORMATION CONTACT: Office of General Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, telephone
(301)492-5959. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. SUPPLEMENTARY INFORMATION: In 1998 the Parole Commission promulgated a rule establishing the expedited revocation procedure. 63 FR 25769-70 (May 21, 1998). Under this procedure, after a preliminary interview and a probable cause determination, the Commission may offer an alleged parole violator the opportunity to receive a revocation and reparole decision without a revocation hearing. By accepting the Commission's offer and foregoing the revocation hearing, the alleged violator may expedite his transfer from a local jail to a federal institution where vocational, educational, and other prison programs are available. In using this procedure, the Commission saves the costs associated with conducting an in-person hearing. In October 2005, the Commission began an “advanced consent” pilot project at the District of Columbia Central Detention Facility at the suggestion of the Commission's hearing examiners and attorneys from the District of Columbia Public Defender Service. After a parolee or supervised releasee is arrested on a violator warrant issued by the Commission, a Commission hearing examiner conducts a probable cause hearing for the alleged violator at the DC jail within 5 days of the arrest. See 28 CFR 2.101(a). Under the pilot project, the alleged violator may propose to the hearing examiner at the probable cause hearing that he will accept a disposition of the case without a revocation hearing. Usually the alleged violator makes the proposal with the condition that the prison term resulting from the revocation stays at the bottom of the applicable guideline range (see 28 CFR 2.20 and 2.21). The Commission maintains the authority to reject the proposal for any reason, and uses the same substantive criteria in evaluating the case that are described in the present rule at § 2.66, *e.g.* , cases in which the offense severity rating for the alleged violation behavior under the paroling policy guidelines (28 CFR 2.20) is Category Two or less (Categories One and Two are the least serious offense ratings in the guidelines). Under the advanced consent process, the Commission hoped to expedite revocation proceedings and reduce the number of days the offender would be incarcerated at the DC jail before transferring to a federal facility where more programs would be available to the offender. The results of the advanced consent program show that this procedure does expedite the resolution of less serious parole and supervised release revocation cases. For the period from January 1, 2006 to June 30, 2007, the Commission made 2,607 revocation decisions for violators in the District of Columbia. Of this number, 1048 cases (40%) were decided using the advanced consent procedure. The average processing time of these 1048 cases was 44 days from the date the violator was arrested on a violator warrant to the date of the revocation decision, almost half the time contemplated by the Commission's regulation governing local revocation hearings. See 28 CFR 2.105(c) and 2.218(g) (a revocation decision for a DC violator must be made within 86 days of arrest on a violator warrant). With the success of the pilot project, the Commission is now amending its rule at § 2.66 to incorporate the advanced consent alternative as a variation of the expedited revocation procedure. No change has been made in the criteria used by the Commission in determining those offenders who may be considered for revocation without the need of a hearing. In applying the amended rule, the Commission will continue to exercise its discretion to conduct a hearing when it deems a hearing to be necessary to protect the public safety, even if the alleged violator's case appears to meet one of the criteria for consideration under § 2.66. The Commission has also edited the rule to ensure that it is clear and easy to read. With the editing of the rule, a conforming amendment is made to the rule on miscellaneous provisions at 28 CFR 2.89. The Commission is publishing the amended rule at § 2.66 as a final rule without seeking public comment because the rule is procedural in nature and does not establish any new substantive criteria for making revocation and reparole decisions. Implementation The amended rules will take effect October 18, 2007, and will apply to federal and District of Columbia offenders. Executive Order 12866 The U.S. Parole Commission has determined that this final rule does not constitute a significant rule within the meaning of Executive Order 12866. Executive Order 13132 This regulation will 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. Under Executive Order 13132, this rule does not have sufficient federalism implications requiring a Federalism Assessment. Regulatory Flexibility Act The rule will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605 (b), and is deemed by the Commission to be a rule of agency practice that does not substantially affect the rights or obligations of non-agency parties pursuant to Section 804
(3)(c)) of the Congressional Review Act. Unfunded Mandates Reform Act of 1995 This rule will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on the ability of United States-based companies to compete with foreign-based companies. List of Subjects in 28 CFR Part 2 Administrative practice and procedure, Prisoners, Probation and parole. The Final Rule Accordingly, the U.S. Parole Commission is adopting the following amendment to 28 CFR part 2. PART 2—[AMENDED] 1. The authority citation for 28 CFR part 2 continues to read as follows: Authority: 18 U.S.C. 4203(a)(1) and 4204 (a)(6). 2. Revise § 2.66 to read as follows: § 2.66 Revocation decision without hearing.
(a)If the releasee agrees to the decision, the Commission may make a revocation decision without a hearing if—
(1)The alleged violation would be graded no higher than Category Two under the guidelines at § 2.20;
(2)The alleged violation is in any category under the guidelines at § 2.20 and the decision imposes the maximum sanction authorized by law; or
(3)The Commission determines that the releasee has already served sufficient time in custody as a sanction for the violation but that forfeiture of time on parole is necessary to provide an adequate period of supervision.
(b)A releasee who agrees to such a disposition shall indicate such agreement by—
(1)Accepting the decision proposed by the Commission in the Notice of Eligibility for Expedited Revocation Procedure that the Commission sent to the releasee, thereby agreeing that the releasee does not contest the validity of the charge and waives a revocation hearing; or
(2)Offering in writing, before the finding of probable cause or at a probable cause hearing, not to contest the validity of the charge, to waive a revocation hearing, and to accept a decision that is at the bottom of the applicable guideline range as determined by the Commission if the violation would be graded no higher than Category Two under the guidelines at § 2.20, or is the maximum sanction authorized by law.
(c)An alleged violator's agreement under this provision shall not preclude the Commission from taking any action authorized by law or limit the statutory consequences of a revocation decision. 3. Amend § 2.89 by adding an entry for § 2.66 to read as follows: § 2.89 Miscellaneous provisions. 2.66 (Revocation Decision Without Hearing) Dated: August 22, 2007. Edward F. Reilly, Jr., Chairman, U.S. Parole Commission. [FR Doc. E7-17760 Filed 9-17-07; 8:45 am] BILLING CODE 4410-31-P DEPARTMENT OF JUSTICE Parole Commission 28 CFR Part 2 Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes AGENCY: United States Parole Commission, Justice. ACTION: Interim rule with request for comments. SUMMARY: The Parole Commission is studying the feasibility of conducting probable cause hearings through videoconferences between an examiner at the Commission's office and alleged parole and supervised release violators in custody at the District of Columbia Central Detention Facility. Therefore, Commission is amending the interim rule allowing hearings by videoconference to include probable cause hearings and to authorize the use of videoconferencing for a sufficient number of such hearings to determine the utility of the procedure. DATES: Effective date: October 18, 2007. Comments must be received by November 19, 2007. ADDRESSES: Send comments to Office of General Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815. FOR FURTHER INFORMATION CONTACT: Office of General Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, telephone
(301)492-5959. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. SUPPLEMENTARY INFORMATION: Since early 2004, the Parole Commission has been conducting some parole proceedings by videoconference to reduce travel costs and to conserve the time and effort of its hearing examiners. The Commission initiated a pilot project in which examiners conducted some parole release hearings by videoconference between the Commission's office in Maryland and the prisoner's federal institution. The Commission published an interim rule that provided notice that the Commission would be using the videoconference procedure. 69 FR 5273 (Feb. 4, 2004). Based on the success of that project, the Commission extended the use of videoconferencing to institutional revocation hearings by an interim rule promulgated in April 2005. 70 FR 19262 (Apr. 13, 2005). The Commission holds the revocation hearing at a federal institution when the releasee has admitted the charged violation, waives a local hearing, or has been convicted of a crime that establishes a release violation. The great majority of institutional revocation hearings are still held with the hearing examiner and the releasee together at the federal institution. The Commission's experience with the videoconference procedure in institutional revocation hearings is consistent with the satisfactory experience it has had with videoconferencing in parole release hearings. Releasees, their attorneys, and witnesses have been able to effectively participate in the videoconference hearings with the hearing examiner. Now the Commission has decided to explore the utility of the videoconference procedure for probable cause hearings held at the District of Columbia Central Detention Facility for parolees and supervised releasees arrested for violations of the conditions of release. Following arrest on a violator warrant and subsequent detention at the DC jail, a releasee is given a hearing with an examiner of the Parole Commission within five days of arrest for the purpose of determining whether probable cause exists for the alleged violation of release. At this hearing, the hearing examiner's primary task is to determine whether any submissions from the releasee and counsel require a different decision as to the evidentiary support for the issuance of a warrant and the continued custody of the releasee. The releasee is usually represented by an attorney from the DC Public Defender Service. Given the limited purpose of the proceeding and the five-day time frame in which the hearing must be held, witnesses are normally not present at a probable cause hearing. The hearing examiner has the delegated authority to make a determination as to the existence of probable cause. At the end of the hearing, if the hearing examiner makes a finding of probable cause, the releasee is normally held in custody for a local revocation hearing. If probable cause is not found, the releasee is discharged from custody and revocation proceedings are terminated. At the local revocation hearing a Commission hearing examiner accepts written and oral submissions from the releasee and counsel, takes testimony from witnesses, and recommends credibility determinations that lead to a final examination of the evidence regarding the alleged violation. All local revocation hearings are held with the hearing examiner in the same room with the releasee, counsel, and any witnesses. With the written report of the hearing by the hearing examiner and the examiner's recommended disposition, the Commission decides if the releasee committed the charged violation, and, if so, whether the Commission should revoke the release. The Commission held approximately 1700 probable cause hearings in 2006 and sees several benefits in using videoconferencing for these preliminary proceedings. Videoconferencing may allow the hearing examiner to make the best use of the examiner's time and effort during the hearing docket. The progress of a probable cause hearing docket is frequently delayed as releasees are brought in for the hearings by corrections personnel, attorneys and clients meet to discuss some issue regarding the proceedings, or some procedural problem is corrected. If the examiner's attention is not needed during the delay, the examiner may use that time to read the releasee's file that is before the examiner at the Commission's office. (Given the number of probable cause hearings on each docket, it is impractical for an examiner to bring releasee files to the jail for review and use during the hearing docket. The examiner has only a packet of documents concerning the alleged violation.) With the full file readily available, the examiner is in a position to quickly resolve problems such as replacement of a document missing from the releasee's disclosure packet. Moreover, the hearing examiner could promptly respond to questions from the releasee and counsel that may assist them in making a decision whether to initiate a request to the Commission for a disposition of the case without a hearing. These questions may pertain to the calculation of the releasee's salient factor score, the estimate of the releasee's guideline range, or the maximum time remaining on the sentence. Consequently, probable cause hearings by videoconference may offer the possibility of more expeditious decisions regarding the disposition of the charged violation. The DC Public Defender Service, the Criminal Justice Clinic of the Georgetown University Law Center, and other advocacy programs have already raised concerns that using videoconferencing for probable cause hearings will inhibit the hearing examiner's ability to gauge the credibility of the releasee and witnesses, and will unjustifiably deny the releasee the opportunity to have a face-to-face meeting with a representative of the Commission before release is revoked. Underlying these concerns is the belief that a revocation proceeding should be guided by procedures appropriate to a criminal prosecution. The Commission does not agree with this proposition. Due process does apply to revocation proceedings, but not to the extent that the proceedings are the equivalent of criminal trials. Moreover, the probable cause hearing is only a preliminary proceeding in the revocation process. The full examination of the credibility of the releasee's statements and witnesses' testimony as to the alleged violation takes place at the local revocation hearing, which is held with the hearing examiner face-to-face with the releasee and counsel, and the witnesses. Videoconferencing has been found to be legally sufficient for a variety of judicial and administrative proceedings. *Pappas* v. *Kentucky Parole Board,* 156 S.W.3d 303 (Ky.Ct.App. 2005) (parole release hearing); *Wilkins* v. *Wilkinson,* 809 N.E.2d 1206 (Ohio Ct. App. 2004) (parole revocation hearing); *United States* v. *Baker,* 45 F.3d 837 (4th Cir. 1995) (involuntary commitment hearing for a mentally ill prisoner). Furthermore, research studies regarding the use of videoconferencing in forensic interviews show that psychiatric evaluations done with videoconferencing are just as reliable as those done with the evaluator and the subject in a face-to-face meeting. See Lexcen, *et al.* , Use of Video Conferencing for Psychiatric and Forensic Evaluations, Psychiatric Services, vol. 57, 713-15 (May 2006). Another study concludes that persons observing witnesses' statements face-to-face with the witnesses, though these “live” observers were likely to perceive the witnesses’ appearance more favorably than persons observing the statements through video, were no better at determining the truth of the witnesses' statements than the video observers. Landstrom, *et al.* , “Witnesses Appearing Live Versus on Video: Effects on Observers’ Perception, Veracity Assessments and Memory,” Applied Cognitive Psychology, vol. 19, 913-33 (2005). The Commission is sensitive to the concern that use of the videoconference procedure may depersonalize the revocation process and might result in the imprisonment of a revoked releasee for a number of months without ever meeting a Commission examiner face-to-face. However, this latter situation would ordinarily occur at the election of a releasee who agrees to waive a revocation hearing, either accepting a sanction offered by the Commission, or offering to accept a designated sanction. If a releasee decides that he wants a face-to-face meeting with a Commission hearing examiner, the releasee can have such a meeting by declining the sanction offered by the Commission or by not offering to accept a designated sanction. The choice rests with the releasee and counsel, who must weigh the benefits of an early disposition of the alleged violation against the loss of a face-to-face meeting with a hearing examiner. The Commission's experience over the last three years has been that the quality of interpersonal exchange among the hearing participants does not appreciably decline with the use of videoconferencing. Finally, even before the Commission began its pilot project with videoconference hearings in 2004, 22 state parole boards reported using this procedure for parole release hearings and 17 state boards reported using this procedure for parole revocation hearings. See *http://www.apaintl.org/Pub-ParoleBoardSurvey2003.html.* Since 1996, Congress has authorized federal courts to conduct supervised release revocation hearings by videoconference when the releasee is incarcerated and in default on a payment of a fine or restitution. See 18 U.S.C. 3613A. The Commission is hardly breaking new ground in exploring the benefits of videoconferencing for its proceedings. The Commission is promulgating this rule as an interim rule in order to determine the utility of the videoconference procedure for probable cause hearings and is providing a 60-day period for the public to comment on the use of the procedure for such hearings. Implementation The amended rule will take effect October 18, 2007, and will apply to probable cause hearings for District of Columbia parolees and supervised releasees held on or after the effective date. Executive Order 12866 The U.S. Parole Commission has determined that this interim rule does not constitute a significant rule within the meaning of Executive Order 12866. Executive Order 13132 This regulation will 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. Under Executive Order 13132, this rule does not have sufficient federalism implications requiring a Federalism Assessment. Regulatory Flexibility Act The interim rule will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605(b), and is deemed by the Commission to be a rule of agency practice that does not substantially affect the rights or obligations of non-agency parties pursuant to Section 804(3)(c) of the Congressional Review Act. Unfunded Mandates Reform Act of 1995 This rule will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on the ability of United States-based companies to compete with foreign-based companies. List of Subjects in 28 CFR Part 2 Administrative practice and procedure, Prisoners, Probation and Parole. The Interim Rule Accordingly, the U.S. Parole Commission is adopting the following amendment to 28 CFR part 2. PART 2—[AMENDED] 1. The authority citation for 28 CFR part 2 continues to read as follows: Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6). 2. Revise § 2.25 to read as follows: § 2.25 Hearings by videoconference. The Commission may conduct a parole determination hearing (including a rescission hearing), a probable cause hearing, and an institutional revocation hearing, by a videoconference between the hearing examiner and the prisoner or releasee. Dated: August 7, 2007. Edward F. Reilly, Jr., Chairman, U.S. Parole Commission. [FR Doc. E7-17762 Filed 9-17-07; 8:45 am] BILLING CODE 4410-31-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. CGD05-07-084] Special Local Regulations for Marine Events; Sunset Lake, Wildwood Crest, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce special local regulations for the Sunset Lake Hydrofest on Sunset Lake from 8:30 a.m. September 29, 2007 through 5:30 p.m. September 30, 2007. This action is necessary to provide for the safety of life on navigable waters during the event. During the enforcement period, vessel traffic will be restricted in portions of Sunset Lake during the event. DATES: The regulations in 33 CFR 100.536 will be enforced from 8:30 a.m. September 29, 2007 through 5:30 p.m. September 30, 2007. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Regulatory project manager, Inspections and Investigations Branch, at
(757)398-6204. SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for giving notice of the enforcement date less than 30 days before the enforcement period goes into effect. Delaying notice of the enforcement date would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, support vessels, spectator craft and other vessels transiting the event area. However advance notification of this recurring event is being given to users of Sunset Lake via marine information broadcasts, local notice to mariners, commercial radio stations and area newspapers. The Coast Guard will enforce the special local regulations for the annual Sunset Lake Hydrofest on Sunset Lake, New Jersey in 33 CFR 100.536 from 8:30 a.m. on September 29, 2007, through 5:30 p.m. September 30, 2007. Annually, the Sunset Lake Hydrofest Association sponsors this event on the waters of Sunset Lake near Wildwood Crest, New Jersey. The event consists of approximately 100 inboard hydroplanes, Jersey speed skiffs and flat-bottom ski boats racing in heats counter-clockwise around an oval racecourse. Under the provisions of 33 CFR 100.536, except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. Additionally, when authorized by the Patrol Commander to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. This notice is issued under authority of 33 CFR 100.536 and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with extensive advance notification of this enforcement via the Local Notice to Mariners, marine information broadcasts, local radio stations and area newspapers. Dated: September 11, 2007. Neil O. Buschman, Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, Acting. [FR Doc. E7-18354 Filed 9-17-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9, 89, and 1039 [EPA-HQ-OAR-2007-0652; FRL-8467-2] RIN 2060-AO37 Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: In this rulemaking, EPA is making certain technical corrections to the rules establishing emission standards for nonroad diesel engines. In addition, we are amending those rules to provide nonroad diesel equipment manufacturers with a production technical relief provision for Tier 3 equipment which is similar to the technical relief provision already available for Tier 4 equipment. Like the Tier 4 provisions, the new Tier 3 technical relief provision deals with a situation where an equipment manufacturer which is not vertically integrated with its engine supplier is unable to complete redesign of the equipment within the time required by rule (here, the Tier 3 rule). To be eligible, the equipment manufacturer must show both that its inability to furnish a compliant equipment design is due to the engine supplier, and that the equipment manufacturer has exhausted other flexibilities already provided by the Tier 3 rule. The amount of relief under the Tier 3 technical relief provision is somewhat less than is available under the parallel Tier 4 provision, however. The Tier 3 Technical flexibility will apply up to a maximum of an additional 50% of production beyond the original 80% provided by the Tier 3 production flexibility provision. In addition, each grant of Tier 3 technical relief is associated with the likelihood of earlier use of Tier 4 nonroad diesel engines. The rule thus provides that for each one percent of use of Tier 3 technical relief, some percentage of the automatic Tier 4 production flexibility for the same engine power category, and some percentage of potential Tier 4 technical relief, is no longer available. The percentage varies based on the type of engine for which Tier 3 technical relief is granted, the largest Tier 4 “penalty” being associated with use of the higher emitting earlier tier engines. DATES: This direct final rule is effective on November 19, 2007 without further notice, unless we receive adverse comments by October 18, 2007 or receive a request for a public hearing by October 3, 2007. If we receive any significant adverse comments on this direct final rule, or on one or more amendments in this direct final rule, or receive a request for a hearing within the time frame described above, we will publish a timely withdrawal in the **Federal Register** informing the public that this rule, or the provisions of this rule that are the subject of significant adverse comment, will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2007-0652, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-Docket@epa.gov.* • *Fax:*
(202)566-9744. • *Mail:* U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket, Mail Code 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Deliveries are only accepted during the Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, except on government holidays. If your Docket requires the submission of multiple copies, please insert the following here: ▸ Please include a total of copies. ▸ If the comment involves an ICR that will be submitted to OMB for review and approval under 5 CFR 1320.11, then you must also include the following language pursuant to 1320.11(a): “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, DC 20503.” • *Hand Delivery:* EPA Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA Headquarters Library, Room Number 3334 in the EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation. The EPA/DC Public Reading Room hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, except on government holidays, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2007-0652. 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 *www.regulations.gov* , or e-mail. The *http://www.regulations.gov* website is an “anonymous access” systems, 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.* *Public Hearing:* If a public hearing is held, it will be held at 10 a.m. on October 18, 2007 at the EPA NVFEL Office Building, 2000 Traverwood Drive, Ann Arbor, MI, or at an alternate site nearby. Persons interested in presenting oral testimony must contact Zuimdie Guerra, Environmental Protection Agency, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive Ann Arbor, MI 48105; e-mail *guerra.zuimdie@epa.gov;* telephone
(734)214-4387; fax number
(734)214-4050, no later than October 15, 2007. Persons interested in attending the public hearing must also call Zuimdie Guerra to verify the time, date, and location of the hearing. If no one contacts Zuimdie Guerra by October 15, 2007 with a request to present oral testimony at the hearing, the hearing will be canceled. *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 EPA Docket Center (EPA/DC), Air Docket, EPA Headquarters Library, Room Number 3334 in the EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, except on government holidays. You can reach the Air Docket by telephone at
(202)566-1742 and by facsimile at
(202)566-9744. You may be charged a reasonable fee for photocopying docket materials, as provided in 40 CFR part 2. FOR FURTHER INFORMATION CONTACT: Zuimdie Guerra, Environmental Protection Agency, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive Ann Arbor, MI 48105; e-mail address *guerra.zuimdie@epa.gov;* telephone
(734)214-4387; fax number
(734)214-4050. SUPPLEMENTARY INFORMATION: I. General Information EPA is publishing this rule without a prior proposal because we view this action as noncontroversial and anticipate no adverse comment. For this reason, we believe that notice and comment procedures are “unnecessary”, within the meaning of 5 U.S.C. section 553
(b)and that therefore there is good cause to adopt this rule without utilizing such procedures. However, in the “Proposed Rules” section of today's **Federal Register** publication, we are publishing a separate document that will serve as the proposal to adopt the provisions in this Direct Final Rule if our assumption is incorrect and significant adverse comments are filed. This rule will be effective on November 19, 2007 without further notice unless we receive significant adverse comment by October 18, 2007 or a request for a public hearing by October 3, 2007. If we receive significant adverse comment on one or more distinct provisions of this rule, we will publish a timely withdrawal in the **Federal Register** indicating which provisions are being withdrawn due to adverse comment. We may address all adverse comments in a subsequent final rule based on the proposed rule. We are not planning to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. Any distinct provisions of today's rulemaking for which we do not receive adverse comment will become effective on the date set out above, notwithstanding any adverse comment on any other discrete provisions of today's rule. A. Regulated Entities This action will affect companies that manufacture and certify nonroad equipment powered by diesel engines in the United States. Category NAICS code a Examples of potentially affected entities U.S. Industry 333111 Farm Machinery and Equipment Manufacturing. U.S. Industry 333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing. U.S. Industry 333131 Mining Machinery and Equipment Manufacturing. U.S. Industry 333132 Oil and Gas Field Machinery and Equipment Manufacturing. Industry 33341 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing. Industry 33361 Engine, Turbine, and Power Transmission Equipment Manufacturing. U.S. Industry 333618 Manufacturers of new engines. U.S. Industry 333911 Pump and Pumping Equipment Manufacturing. U.S. Industry 333912 Air and Gas Compressor Manufacturing. Industry 33392 Material Handling Equipment Manufacturing. U.S. Industry 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing. U.S. Industry 333991 Power-Driven Handtool Manufacturing. U.S. Industry 333992 Welding and Soldering Equipment Manufacturing. U.S. Industry 811112 Commercial importers of vehicles and vehicle components. U.S. Industry 811198 Commercial importers of vehicles and vehicle components. a North American Industry Classification System (NAICS). To determine whether particular activities may be affected by this action, you should carefully examine the regulations. You may direct questions regarding the applicability of this action as noted in FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: i. Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns, and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. C. How and to Whom Do I Submit Comments? You may summit comments on this direct final rule as described in this section. You should note that we are also publishing a notice of proposed rulemaking in the “Proposed Rules” section of today's **Federal Register** , which matches the substance of this direct final rule. Your comments on this direct final rule will be considered to also be applicable to that notice of proposed rulemaking. As explained above, if we receive any adverse comments on this direct final rule or receive a request for a hearing within the time frame described above, we will publish a timely withdrawal in the **Federal Register** informing the public that this rule, or the provisions of this rule for which we received adverse comment, will not take effect. We may then take final action in a final rule based on the accompanying proposal. We will not institute a second comment period. You may submit comments electronically, by mail, by facsimile, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. 1. *Electronically.* If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD-ROM you submit, and in any cover letter accompanying the disk or CD-ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. *EPA dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments directly to EPA Dockets at *http://www.regulations.gov* and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in Docket ID No. EPA-HQ-OAR-2007-0652. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail.* Comments may be sent by electronic mail (e-mail) to *a-and-r-Docket@epa.gov.* Attention Air Docket ID No. EPA-HQ-OAR-2007-0652. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD-ROM.* You may submit comments on a disk or CD-ROM that you mail to the mailing address identified in ADDRESSES above. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By Mail.* Send two copies of your comments to: U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket, Mail Code 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460., Attention Docket ID No. EPA-HQ-OAR-2007-0652. 3. *By Hand Delivery or Courier.* Deliver your comments to: EPA Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA West Building, 1301 Constitution Avenue, NW., Room: 3334, Mail Code: 2822T, Washington, DC, Attention Air Docket ID No. EPA-HQ-OAR-2007-0652. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Unit I. 4. *By Facsimile.* Fax your comments to:
(202)566-9744, Attention Docket ID No. EPA-HQ-OAR-2007-0652. B. How Can I Get Copies of This Document? 1. *Docket.* EPA has established an official public docket for this action under Air Docket Number EPA-HQ-OAR-2007-0652. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA Headquarters Library, Room Number 3334 in the EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air Docket is
(202)566-9744. 2. *Electronic Access.* This direct final rule is available electronically from the EPA Internet Web site. This service is free of charge, except for any cost incurred for internet connectivity. The electronic version of this final rule is made available on the date of publication on the primary web site listed below. The EPA Office of Transportation and Air Quality also publishes **Federal Register** notices and related documents on the secondary web site listed below. i. *http://www.epa.gov/docs/fedrgstr/EPA-AIR* (either select desired date or use Search features). ii. *http://www.epa.gov/otaq* (look in What's New or under the specific rulemaking topic). Please note that due to differences between the software used to develop the documents and the software into which the document may be downloaded, format changes may occur. II. Summary of Rule A. EPA is making the following technical amendments to correct a variety of regulatory provisions in the regulations establishing emission standards for nonroad diesel engines: • *40 CFR 9.1:* Adding the approved information collection for nonroad diesel engines to the summary table in 40 CFR part 9. • *40 CFR 89.1:* Correcting a typographical error. • *40 CFR 89.101:* Adding a provision to allow manufacturers to start using the provisions already adopted for Tier 4 engines in the time that Tier 2 or Tier 3 standards continue to apply. We would allow this only to the extent that it does not affect our ability to ensure that manufacturers fully comply with applicable requirements. • *40 CFR 89.102:* Clarifying the legal status for equipment using engines exempted from current standards under the Transition Program for Equipment Manufacturers. The original language does not clearly exempt the equipment from the otherwise applicable prohibition in § 89.1003, which would be necessary for this whole program. • *40 CFR 89.102:* Clarifying the limitation of allowances based on engine families. Since these engines are not certified, we clarify that this term relates to the characteristics described for certifying engines in § 89.116. • *40 CFR 89.102:* Technical relief provision; discussion below in part B. • *40 CFR 89.108:* Adding a provision for engines to be adjusted outside the normal range of parameter adjustment for applications involving landfill or wellhead gas. We have already adopted this in 40 CFR part 1039 for Tier 4 engines, so this change simply allows manufacturers to implement this provision earlier. • *40 CFR 89.115:* Requiring manufacturers to name an agent for service in the United States. This simply allows us to ensure that we will have a person in the United States who is able to speak for the company and receive communication regarding any aspect of our effort to certify engines and oversee compliance of certified products. • *40 CFR 89.205:* Clarifying provisions in the nonroad diesel engine averaging, banking, and trading
(ABT)program. The text change is to clarify that these credits are considered to be Tier 2 credits. • *40 CFR 89.601:* Requiring importers to complete the EPA declaration form before importing engines, and to keep the forms for five years. This amendment simply restates the provisions that are already in place for the U.S. Customs and Border Patrol at 19 CFR 12.74. • *40 CFR 89.611:* Defining the initial dates for implementing emission standards for nonroad diesel engines below 37 kW. This corrects an earlier oversight in the definition of the scope of the exemption for importing engines that were built before emission standards started to apply. • *40 CFR 1039.102:* Clarifying provisions in the nonroad diesel engine averaging, banking, and trading
(ABT)program. • *40 CFR 1039.104:* Clarifying provisions in the nonroad diesel engine averaging, banking, and trading
(ABT)program. The change corrects an inconsistency with the existing regulatory text that effectively prevents the use of credit-using Tier 3 engines in the initial years of Tier 4 in certain situations. • *40 CFR 1039.115:* Specifying that crankcase requirements apply throughout an engine's useful life. Without this clarifying language, it is not clear how long this requirement applies, or whether it ever expires. We are also clarifying that the requirements of this section do not apply to engines that are subject to part 1039 requirements, but have been exempted from the emission standards for any reason. • *40 CFR 1039.125:* Correcting an inadvertent reference to nonroad equipment, which should refer instead to nonroad engines as is clear from the context. • *40 CFR 1039.135:* Adding clarifying language to describe when an engine's emission control information label is so obscured as to require the equipment manufacturer to apply a separate duplicate label. To be consistent with all other programs for nonroad engines, we specify that a label that is visible during normal maintenance is not obscured. We are also adding a specification that manufacturers keep records of the engine families for which they send duplicate labels. • *40 CFR 1039.205:* Requiring submission of emission results for each test mode if manufacturers conduct discrete-mode testing. This does not apply for ramped-modal testing. These measurements would be submitted for demonstrating compliance with not-to-exceed standards, so this should not include any additional testing or reporting burden. • *40 CFR 1039.205:* Requiring manufacturers to name an agent for service in the United States, as described above for § 89.115. • *40 CFR 1039.205:* Requiring that manufacturers make good-faith estimates of projected production volumes. • *40 CFR 1039.210:* Clarifying EPA's role in preliminary approvals to describe that we generally would not reverse a decision without new information supporting a different decision. • *40 CFR 1039.225:* Revising the language to avoid using the term “new nonroad engine,” since that defined term is not appropriate for this section. • *40 CFR 1039.235:* Clarifying that carryover of emission data is possible for engine families that have engine changes in a new model year, as long as there are no changes that might affect emissions. • *40 CFR 1039.245:* Removing a regulatory provision that was inadvertently included in two separate paragraphs. • *40 CFR 1039.255:* Narrowing the scope of recordkeeping that would subject an engine manufacturer to an action that could result in the certificate of conformity being revoked or voided, consistent with the similar provisions in our other nonroad engine programs. • *40 CFR 1039.501:* Clarifying the emission standards to which specific test procedures apply. • *40 CFR 1039.505:* Clarifying that cycle statistics for discrete-mode testing should be based on a calculation for each mode rather than the sequence of modes. • *40 CFR 1039.605 and 40 CFR 1039.610:* Amending the regulatory language to address a variety of legal and technical clarifications. • *40 CFR 1039.625:* Amending the regulatory language to specify the proper engine power lower bound. • *40 CFR 1039.705:* Amending the description for calculating emission credits to clarify the steps in making the calculation. • *40 CFR 1039.730:* Revising the description of emission credit calculations to clarify that manufacturers need consider only those families that generate or use emission credits. The emission credit program described in this subpart for these engines is not based on fleet-average compliance. • *40 CFR 1039.735:* Clarifying the recordkeeping provisions related to emission credits and adding a requirement to keep records as long as the banked credits are considered valid for demonstrating compliance with emission standards. • *40 CFR 1039.801:* Correcting various definitions to be consistent with more recent rulemakings that used somewhat different wording. • *40 CFR 1039.810:* Removing the incorporation by reference for the document that defines our rounding conventions, since we are already relying on the same reference established in 40 CFR part 1065. • *40 CFR 1039.825:* Adding a new section to summarize the information collection requirements in part 1039. B. This rulemaking also provides nonroad diesel equipment manufacturers that are not vertically integrated with engine suppliers with a production technical relief provision for Tier 3 equipment, modeled on the comparable provision for Tier 4 equipment found in 40 CFR section 1039.625(m). Only equipment manufacturers who do not make the engines used in the equipment for which technical relief is sought are eligible to apply for technical relief under this provision (since the engine production and equipment production segments of integrated entities would necessarily be in contact and therefore not experience the type of unexpected redesign changes which could warrant technical relief). This applies exclusively to equipment manufacturers as described in section 1039.626. Engine manufacturers and importers thus may not request this relief. The Tier 4 nonroad diesel rule applies both to diesel engine manufacturers and to equipment manufacturers who install engines made by engine manufacturers. Equipment manufacturers are ultimately responsible for producing nonroad applications which comply with the rule's standards by the rule's compliance date. However, there can be circumstances when equipment manufacturers, through no fault of their own, receive engines from their suppliers too late to meet compliance dates. Although the Tier 4 rule contains a number of equipment manufacturer flexibility provisions which apply automatically (i.e., without any showing of need or any requirement to obtain EPA approval), we were convinced that some additional flexibility was needed to cover circumstances where
(a)an equipment manufacturer has exhausted its automatic flexibilities, and
(b)it demonstrates to EPA that it cannot comply with the rule because, through no fault of its own, the engine manufacturer failed to deliver a compliant engine to the equipment manufacturer in sufficient time. The provision can be used only as a last resort, so an equipment manufacturer is eligible for relief under the provision only after it exhausts all other flexibility provisions and implementation options. This provision (which we call “technical relief” 1 ) is explained in the Tier 4 nonroad preamble at 69 FR 39007-008 (June 29, 2004), and (as noted) is codified at section 1039.625(m). 1 The Tier 4 rule uses the phrase “technical or engineering hardship” to describe this provision, and today's rule uses that same language. The same issue can arise for producers of Tier 3 nonroad diesel equipment, but the Tier 3 rule does not contain the technical relief provision. Today's rule essentially adds the same technical relief provision to the Tier 3 rule, for the same reasons EPA adopted it in Tier 4. Tier 3 equipment manufacturers may need this technical relief to address challenges that may occur as engine manufacturers choose to implement technical changes for Tier 3. If an engine manufacturer changes their plan late in the design implementation process, an equipment company with unique or complicated equipment designs could face challenges with their internal redesign process. If the equipment manufacturer has already used its other flexibilities, there thus may be circumstances warranting technical relief for Tier 3 equipment. There are two principal differences between the Tier 3 technical relief provision, and the existing provision in Tier 4. The first is that the dirtier the substitute engine used if technical relief is granted for Tier 3 equipment, the more Tier 4 flexibilities (both automatically available flexibilities and potential technical relief) the equipment manufacturer must give up (further details are provided below). This encourages earlier use of Tier 4 engines (the cleanest), and ensures that the net emission reductions from Tier 3 and Tier 4 engines remain the greatest achievable, as required by section 213 of the Act. Another difference between the Tier 3 and Tier 4 technical relief provisions is that for the Tier 3 program, relief is limited to 50% of one year's production volume for each power category (as opposed to 70% under Tier 4). This allows for the transitional nature of this program to be realized, while limiting the potential for abuse beyond the need to facilitate a transition to cleaner engines. However, for the most part, the Tier 3 technical provision mirrors that in Tier 4. As with the parallel provision in Tier 4, this technical relief provision provides a case-by-case exemption granted by EPA to an equipment manufacturer after evaluating the equipment manufacturer's application. Any engine produced utilizing this relief must be appropriately labeled to avoid the introduction into commerce of engines that are not in compliance. A clearly visible label thus must be provided which indicates the regulatory flexibility under which these engines are being produced. The provision applies to equipment that would otherwise be required to use engines certified to the Tier 3 standard (i.e., model year 2006 to 2008 equipment with 37 to 560 kW nonroad diesel engines). The equipment manufacturer would have the burden of demonstrating existence of an extreme technical or engineering hardship condition that is outside its control, i.e. is essentially due to conduct of the (nonintegrated) engine supplier and therefore out of the equipment manufacturer's control. The equipment manufacturer must also demonstrate that it has exercised reasonable due diligence to try to avoid being in the situation. In order to meet these criteria, the equipment manufacturer needs to provide to EPA documentation, or a written explanation, addressing the following issues: • Documentation of the technical or engineering problem that was unsolvable within the lead time provided by the Tier 3 rule. • A description of the normal design cycle between the engine manufacturer and the equipment manufacturer and why that process did not work in this instance. • All information (such as written specifications, performance data, prototype engines) received by the equipment manufacturer from the engine manufacturer. • Comparison of the design process for the equipment model for which the exemption is requested versus those for which the exemption is not needed. • A description of efforts the equipment maker has made to find other compliant engines for the model. • Documentation that existing flexibilities will be fully utilized before the need for technical relief. EPA would then decide on a case-by-case basis what percentage, if any, of additional relief (i.e., relief above and beyond that afforded by the automatic percent of production flexibility) would be provided. Applicability of the Tier 3 technical relief provision is restricted to: • Up to a maximum of an additional 50% beyond original 80% automatic percent of production technical flexibility (a change from Tier 4, as noted above). • Full allowance is limited to the first two
(2)years of Tier 3. • Phased-in by power category. • The Tier 3 automatic flexibility provisions continue to apply for their original seven years or until fully consumed. • Applies to 56 to 560 kW categories only for the percent of production and only available between 37 to 75 kW for the small volume. A significant feature of this Tier 3 technical relief provision, which has no counterpart in the Tier 4 provision, is that for every 1% of the equipment production using this relief provision in the Tier 3 timeframe (i.e., equipment that uses engines not conforming to the Tier 3 standard in the Tier 3 timeframe), a percentage of the (automatic) production equipment flexibility allowance for Tier 4 is sacrificed from the comparable Tier 4 power category (i.e., this percent of the otherwise automatic flexibility is no longer available), *and* an additional 1% is sacrificed from any potential Tier 4 technical relief that the Agency may grant for that power category. Please see Table 1. In other words, to utilize the Tier 3 technical relief, the equipment manufacturer must give up some amount of its otherwise automatic Tier 4 flexibility and some portion of its potential Tier 4 technical relief. The Tier 4 percent of production sacrifice is based on the percentage of earlier Tier (e.g., Tier 1 or 2) engines utilized in place of Tier 3 engines. Grant of Tier 3 technical relief thus would be linked to earlier use of Tier 4 engines. Table 1.—Technical Relief Usage Use of percent of production allowances by equipment manufacturer during implementation of Tier 2 program (percent) Offsetting deductions required for use of one percent of Tier 3 technical relief Tier 4 percent of production allowance (percent) Tier 4 technical relief (percent) 0-20 0 1 20-40 1 1 40-60 2 1 60-80 3 1 For example, if you used 45 percent of your production flexibility for equipment using Tier 2 engines of a given power category (i.e. if in the Tier 2 timeframe you used 45% of the total 80% percent of production flexibility for that power category), you must forfeit 2 percent of the (automatic) production flexibility for Tier 4 engines of that power category for every 1 percent technical relief EPA grants for Tier 3 equipment using engines of that power category. You must also forfeit 1 percent of any potential technical relief which could be granted for Tier 4 engines (i.e. for equipment using Tier 4 engines) for every 1 percent technical relief exemption EPA grants for Tier 3 engines. If you use the Tier 3 technical relief allowances for 5 percent of your equipment for two years, you have used a total allowance of 10 percent. Therefore, as shown in Table 1, you must forfeit a total of 20 percent of production flexibility for Tier 4 engines plus 10 percent of any technical relief which could be granted for Tier 4 engines. The technical relief will be further adjusted based on the sales volume by power category. Because the Tier 3 and Tier 4 rules have different power category ranges, today's rule specifies which power categories in Tier 4 correspond to those in Tier 3 for purposes of this rule. The Tier 3 power categories of 37kW to 75kW and 75kW to 130kW correspond to the Tier 4 power category of 56kW to 130kW. For the Tier 3 equipment in the 37kW to 75kW category, you must only use the sales volume for equipment that uses engines with a rated power greater than 56kW. For example, if you have a Tier 3 piece of equipment that uses a 40kW engine, the sales of the equipment are counted in the Tier 4 power category of 19kW to 56kW. If you have a Tier 3 piece of equipment that uses a 60kW engine, the sales of the equipment are counted in the Tier 4 power category of 56kW to 130kW. The Tier 3 power categories of 130kW to 225kW, 225kW to 450kW and 450kW to 560kW correspond to the Tier 4 power category of 130kW to 560kW. You will need to sum the sales of the Tier 3 power categories that correspond to the Tier 4 power category. Please see Table 2. If EPA grants technical relief, the sum of all the Tier 3 units that are so exempted are divided by the sum of all the Tier 3 units sold in the corresponding Tier 4 power category to determine the percentage of Tier 4 equipment affected. Table 2.—Power Categories Tier 3 power category Tier 4 power category 37kW to 75kW* 19kW to 56kW. 37kW to 75kW**, 75kW to 130kW 56kW to 130kW 130kW to 225kW, 225kW to 450kW, 450kW to 560kW 130kW to 560kW. *Applies only to use of engines rated between 37kW and 56kW by small volume equipment manufacturers. **Includes only equipment that uses engines with a rated power greater than 56kW. For example, if you produce 50 units using Tier 3 technical relief in the range of 130kW to 225kW, and you produce 50 units using Tier 3 technical relief in the range of 225kW to 450kW, and no units are produced in the 450kW to 560kW range, and your overall sales volume for the power ranges of 130kW to 560kW in Tier 3 is 400 units, the amount of Tier 3 technical relief used is 100/400 or 25 percent. Because you forfeit 1 percent of your Tier 4 technical relief for every 1 percent of Tier 3 technical relief used (see Table 1 above), then you will lose 25 percent of your (potential) Tier 4 technical relief in the 130kW to 560kW power range category. If you used 45 percent of your production flexibility for Tier 2 engines, you must forfeit 2 percent of production flexibility for Tier 4 engines for every 1 percent of Tier 3 technical relief. Therefore, you will forfeit 50 percent of your Tier 4 production allowance in the 130kW to 560kW power range category. Because the technical relief provision was not originally included in the Tier 3 program, we believe it is important to maintain the emission benefits of the Tier 3 rule by requiring a consistent emission trade-off with Tier 4. EPA has already found that the greatest emissions reduction achievable industry-wide for Tier 3 and Tier 4 does not include Tier 3 technical relief plus all of the other Tier 3 and Tier 4 flexibilities. The requirement that certain otherwise-available Tier 4 flexibilities be foregone is designed to ensure protection of the environment, prevent abuse, and encourage earlier introduction of Tier 4 technology. Most basically, as noted above, the linkage is designed to assure that the Tier 3 and Tier 4 rules, in combination, continue to result in the greatest emissions reduction achievable industry-wide, as required by section 213(a) of the Act. The technical relief for small volume equipment manufacturers is similar to the equipment manufacturer technical relief with the distinction that it applies to small volume equipment manufacturers. The following criteria for small volume apply: • 100 unit cap. • Small volume technical relief is only available to the 37 to 56 kW range and the 56 to 75 kW range. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* The Agency believes this action does not impose information collection burden because this rulemaking only provides a technical relief provision for nonroad equipment manufacturers. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act Today's direct final rule is not subject to the Regulatory Flexibility Act (RFA), which generally requires an agency to prepare a regulatory flexibility analysis for any rule that will have a significant economic impact on a substantial number of small entities. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act
(APA)or any other statute. Although the rule is subject to the APA, the Agency has invoked the “good cause” exemption under 5 U.S.C. 553(b), therefore it is not subject to the notice and comment requirement. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today's final rule contains no Federal mandates for State, local, or Tribal governments or the private sector. The rule imposes no new expenditure or enforceable duty on any State, local or Tribal governments or the private sector, and EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. E. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that 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.” This direct final rule does not have federalism implications. It will 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. This rulemaking affects only nonroad equipment manufacturers providing them a production technical relief provision. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This direct final rule does not have tribal implications, as specified in Executive Order 13175. This rulemaking affects only nonroad equipment manufacturers providing them a production technical relief provision. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that
(1)is determined to be “economically significant” as defined under Executive Order 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, Section 5-501 of the Order directs the Agency to evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to the Executive Order because it is not economically significant, and does not involve decisions on environmental health or safety risks that may disproportionately affect children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order
(EO)12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The technical amendments on this rule do not relax the control measures on sources regulated by the rule and therefore will not cause emissions increases from these sources. The technical relief for the Tier 3 timeframe seeks to compensate for any emissions impact by encouraging earlier use of Tier 4 engines requiring the equipment manufacturer to give up specific Tier 4 flexibilities. K. 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of November 19, 2007. 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 action is not a “major rule” as defined by 5 U.S.C. 804(2). L. Statutory Authority The statutory authority for this action comes from section 213 of the Clean Air Act as amended (42 U.S.C. 7547). This action is a rulemaking subject to the provisions of the Administrative Procedure Act (see Clean Air Act section 307(d)(1) final sentence). List of Subjects 40 CFR Part 9 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research, Vessels, Warranties. 40 CFR Part 89 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research, Vessels, Warranties. 40 CFR Part 1039 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties. Dated: September 6, 2007. Stephen L. Johnson, Administrator. For the reasons set forth in the premable, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 9—OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT 1. The authority citation for part 9 continues to read as follows: Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 2. Section 9.1 is amended in the table by adding a center heading and an entry in numerical order to read as follows: § 9.1 OMB approvals under the Paperwork Reduction Act. 40 CFR citation OMB control No. * * * * * * * Control of Emissions from New and In-use Nonroad Compression-Ignition Engines 1039.825 .2060-0287. * * * * * * * PART 89—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES 3. The authority citation for part 89 is revised to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart A—[Amended] 4. Section 89.1 is amended by revising paragraph (b)(2) to read as follows: § 89.1 Applicability.
(b)* * *
(2)*Mining engines.* This part does not apply for engines used in underground mining equipment and regulated by the Mining Safety and Health Administration
(MSHA)in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 75. 5. Section 89.2 is amended by adding a definition for “Designated Enforcement Officer” in alphabetical order to read as follows: § 89.2 Definitions. *Designated Enforcement Officer* means the Director, Air Enforcement Division (2242A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460. Subpart B—[Amended] 6. Section 89.101 is revised to read as follows: § 89.101 Applicability.
(a)The requirements of subpart B of this part are applicable to all new nonroad compression-ignition engines subject to the provisions of subpart A of this part 89, pursuant to the schedule delineated in § 89.102.
(b)In a given model year, you may ask us to approve the use of procedures for certification, labeling, reporting, and recordkeeping specified in 40 CFR part 1039 or 1068 instead of the comparable procedures specified in this part 89. We will approve the request as long as it does not prevent us from ensuring that you fully comply with the intent of this part. 7. Section 89.102 is amended by revising paragraphs
(d)introductory text, (d)(2)(iii) and
(g)and adding paragraphs
(i)through
(m)to read as follows: § 89.102 Effective dates, optional inclusion, flexibility for equipment manufacturers.
(d)Implementation flexibility for equipment and vehicle manufacturers and post-manufacture marinizers. Nonroad equipment and vehicle manufacturers and post-manufacture marinizers may take any of the otherwise prohibited actions identified in § 89.1003(a)(1) and (b)(4) with respect to nonroad equipment and vehicles and marine diesel engines, subject to the requirements of paragraph
(e)of this section. The following allowances apply separately to each engine power category subject to standards under § 89.112: * * *
(2)* * *
(iii)Does not use engines from more than one engine family, or, for excepted equipment vehicles, and marine diesel engines using engines not belonging to any engine family, from more than one engine manufacturer. For purposes of this paragraph (d)(2)(iii), engine family refers to engines that have common characteristics as described in § 89.116.
(g)*Allowance for the production of engines.* Engine manufacturers may take any of the otherwise prohibited actions identified in § 89.1003(a)(1) with regard to uncertified engines, Tier 1 engines, or Tier 2 engines, as appropriate, if the engine manufacturer has received written assurance from the equipment manufacturer that the engine is required to meet the demand for engines created under paragraph (d), (f), or
(h)of this section.
(i)*Additional exemptions for technical or engineering hardship.* You may request additional engine allowances under paragraph (d)(1) of this section for 56-560 kW power categories or, if you are a small equipment manufacturer, under paragraph (d)(2) of this section for engines at or above 37 and below 75 kW. However, you may use these extra allowances only for those equipment models for which you, or an affiliated company, do not also produce the engine. After considering the circumstances, we may permit you to introduce into U.S. commerce equipment with such engines that do not comply with Tier 3 emission standards, as follows:
(1)We may approve additional exemptions if extreme and unusual circumstances that are clearly outside your control and that could not have been avoided with reasonable discretion have resulted in technical or engineering problems that prevent you from meeting the requirements of this part. You must show that you exercised prudent planning and have taken all reasonable steps to minimize the scope of your request for additional allowances.
(2)To apply for exemptions under this paragraph (i), send the Designated Compliance Officer and the Designated Enforcement Officer a written request as soon as possible before you are in violation. In your request, include the following information:
(i)Describe your process for designing equipment.
(ii)Describe how you normally work cooperatively or concurrently with your engine supplier to design products.
(iii)Describe the engineering or technical problems causing you to request the exemption and explain why you have not been able to solve them. Describe the extreme and unusual circumstances that led to these problems and explain how they were unavoidable.
(iv)Describe any information or products you received from your engine supplier related to equipment design—such as written specifications, performance data, or prototype engines—and when you received it.
(v)Compare the design processes of the equipment model for which you need additional exemptions and that for other models for which you do not need additional exemptions. Explain the technical differences that justify your request.
(vi)Describe your efforts to find and use other compliant engines, or otherwise explain why none is available.
(vii)Describe the steps you have taken to minimize the scope of your request.
(viii)Include other relevant information. You must give us other relevant information if we ask for it.
(ix)Estimate the increased percent of production you need for each equipment model covered by your request, as described in paragraph (i)(3) of this section. Estimate the increased number of allowances you need for each equipment model covered by your request, as described in paragraph (i)(4) of this section.
(3)We may approve your request to increase the allowances under paragraph (d)(1) of this section, subject to the following limitations:
(i)The additional allowances will not exceed 50 percent for each power category.
(ii)You must use up the allowances under paragraph (d)(1) of this section before using any additional allowance under this paragraph (i).
(iii)Any allowances we approve under this paragraph (i)(3) expire 24 months after the provisions of this section start for a given power category. You may use these allowances only for the specific equipment models covered by your request.
(4)We may approve your request to increase the allowances for the 37-75kW power category under paragraph (d)(2) of this section, subject to the following limitations:
(i)You are eligible for additional allowances under this paragraph (i)(4) only if you are a small equipment manufacturer and you do not use the provisions of paragraph (i)(3) of this section to obtain additional allowances for the 37-75kW power category.
(ii)You must use up all the available allowances for the 37-75kW power category under paragraph (d)(2) of this section in a given year before using any additional allowances under this paragraph (i)(4).
(iii)Base your request only on equipment you produce with engines at or above 37kW and below 75kW. You may use any additional allowances only for equipment you produce with engines at or above 37kW and below 75kW.
(iv)Any allowances we approve under this paragraph (i)(4) expire 24 months after the provisions of this section start for this power category. These additional allowances are not subject to the annual limits specified in paragraph (d)(2) of this section. You may use these allowances only for the specific equipment models covered by your request.
(v)The total allowances under paragraph (d)(2) of this section for the 37-75kW power category will not exceed 700 units. The total allowances under this paragraph (i)(4) follow the requirements under paragraph (d)(2) of this section for the 37-75kW power category and will not exceed 200 units. Therefore, the total maximum allowances for the 37-75kW power category will not exceed 900 units.
(5)For purposes of this paragraph (i), *small equipment manufacturer* means an equipment manufacturer that had annual U.S.-directed production volume of equipment using nonroad diesel engines between 37 and 75kW of no more than 3,000 units in 2002 and all earlier calendar years, and has 750 or fewer employees (500 or fewer employees for nonroad equipment manufacturers that produce no construction equipment or industrial trucks). For manufacturers owned by a parent company, the production limit applies to the production of the parent company and all its subsidiaries and the employee limit applies to the total number of employees of the parent company and all its subsidiaries.
(6)The following provisions for adjusted flexibilities for Tier 4 engines apply to equipment manufacturers that are granted additional exemptions for technical or engineering hardship:
(i)If you use the additional allowance under this paragraph
(i)you shall forfeit percent of production flexibility plus technical or engineering hardship exemptions available for Tier 4 engines in the amounts shown in Table 1 of this section.
(ii)Table 1 of this section shows the percent of production flexibility and technical or engineering hardship exemptions that you must forfeit for Tier 4 engines. The amount of Tier 4 flexibility forfeited by each equipment manufacturer depends on the percent of production flexibility used for Tier 2 engines and the technical or engineering hardship exemptions granted for Tier 3 engines in the proportions shown in Table 1. For example, if you used 45 percent of your production flexibility for Tier 2 engines, you must forfeit 2 percent of your production flexibility for Tier 4 engines for every 1 percent of technical or engineering hardship flexibility granted for Tier 3 engines. In addition you must also forfeit 1 percent of any technical or engineering hardship exemptions available for Tier 4 engines for every 1 percent technical or engineering hardship exemptions available for Tier 3 engines. If you use the Tier 3 technical or engineering hardship allowances for 5 percent of your equipment in each of two different years, you have used a total allowance of 10 percent. Therefore you must forfeit a total of 20 percent of production flexibility for Tier 4 engines plus 10 percent of any technical or engineering hardship exemptions available for Tier 4 engines. Table 1 of § 89.102.—Adjustments to Tier 4 Flexibilities Percent of use tier 2 production flexibility (percent) Percent of forfeit tier 4 production flexibility (percent) Percent of forfeit tier 4 Tech./Eng. exemption (percent) 0-20 0 1 20-40 1 1 40-60 2 1 60-80 3 1
(iii)Because the Tier 3 and Tier 4 rules have different power category ranges, the availability of technical relief will be further adjusted based on the sales volume by power category. Table 2 of this section shows the applicable power categories for Tier 3 and Tier 4. The Tier 3 power categories of 37kW to 75kW and 75kW to 130kW correspond to the Tier 4 power category of 56kW to 130kW. For the Tier 3 equipment in the 37 to 75kW category, you must only use the sales volume for equipment that uses engines with a rated power greater than 56kW. For example, if you have a Tier 3 piece of equipment that uses a 40kW engine, the sales of the equipment are counted in the Tier 4 power category of 19kW to 56kW. If you have a Tier 3 piece of equipment that uses a 60kW engine, the sales of the equipment are counted in the Tier 4 power category of 56kW to 130kW. The Tier 3 power categories of 130kW to 225kW, 225kW to 450kW and 450kW to 560kW correspond to the Tier 4 power category of 130kW to 560kW. You will need to sum the sales of the Tier 3 power categories that correspond to the Tier 4 power category during each calendar year in which Tier 3 technical relief is used. The sum of all the Tier 3 units that are produced and exempted by the technical relief divided by the sum of all the Tier 3 units sold in the corresponding Tier 4 power category will determine the percentage of Tier 4 flexibility affected. For example, if you produce 50 units using Tier 3 technical relief in the range of 130kW to 225kW, and you produce 50 units using Tier 3 technical relief in the range of 225 to 450kW, and no units are produced in the 450kW to 560kW range, and your overall sales volume for the power ranges of 130kW to 560kW in Tier 3 is 400 units, the amount of Tier 3 technical relief used is 100/400 or 25 percent. Because you forfeit 1 percent of your Tier 4 technical relief for every 1 percent of Tier 3 technical relief used, then you will lose 25 percent of your Tier 4 technical relief in the 130kW to 560kW power range category. If you used 45 percent of your production flexibility for Tier 2 engines, you must forfeit 2 percent of production flexibility for Tier 4 engines for every 1 percent of Tier 3 technical relief. Therefore, you will forfeit 50 percent of your Tier 4 production allowance in the 130kW to 560kW power range category. Table 2 of § 89.102.—Corresponding Tier 3 and Tier 4 Power Categories Tier 3 Power Catgories Tier 4 Power Categories 37kW to 75kW* 19kW to 56kW. 37kW to 75kW**, 75kW to 130kW 56kW to 130kW. 130kW to 225kW, 225kW to 450kW, 450kW to 560kW 130kW to 560kW. *Applies only to use of engines rated between 37kW and 56kW by small volume equipment manufacturers. **Includes only equipment that uses engines with a rated power greater than 56kw.
(iv)Manufacturers using allowances under this paragraph
(i)must comply with the notification and reporting requirements specified in paragraph
(j)of this section.
(j)*Notification and reporting.* You must notify us of your intent to use the provisions of this section and send us an annual report to verify that you are not exceeding the allowances, as follows:
(1)Before the first year you intend to use the provisions of this section, send the Designated Compliance Officer and the Designated Enforcement Officer a written notice of your intent, including:
(i)Your company's name and address, and your parent company's name and address, if applicable.
(ii)Whom to contact for more information.
(iii)The calendar years in which you expect to use the exemption provisions of this section.
(iv)The name and address of the company that produces the engines you will be using for the equipment exempted under this section.
(v)Your best estimate of the number of units in each power category you will produce under this section and whether you intend to comply under paragraph (d)(1) or (d)(2) of this section.
(vi)The number of units in each power category you have sold in previous calendar years under paragraph
(d)of this section.
(2)For each year that you use the provisions of this section, send the Designated Compliance Officer and the Designated Enforcement Officer a written report by March 31 of the following year. Include in your report the total number of engines you sold in the preceding year for each power category, based on actual U.S.-directed production information. Also identify the percentages of U.S.-directed production that correspond to the number of units in each power category and the cumulative numbers and percentages of units for all the units you have sold under this section for each power category. You may omit the percentage figures if you include in the report a statement that you will not be using the percent-of-production allowances in paragraph
(d)of this section.
(k)*Recordkeeping.* Keep the following records of all equipment with exempted engines you produce under this section for at least five full years after the final year in which allowances are available for each power category:
(1)The model number, serial number, and the date of manufacture for each engine and piece of equipment.
(2)The maximum power of each engine.
(3)The total number or percentage of equipment with exempted engines, as described in paragraph
(d)of this section and all documentation supporting your calculation.
(4)The notifications and reports we require under paragraph
(j)of this section.
(l)*Equipment Labeling.* Any engine produced under this provision must meet the labeling requirements of 40 CFR 89.110, but add the following statement instead of the compliance statement in 40 CFR 89.110(b)(10): THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR 89.102. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 89.102 MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(m)*Enforcement.* Producing more exempted engines or equipment than we allow under this section or installing engines that do not meet the applicable Tier 1 emission standards described in § 89.112 violates the prohibitions in § 89.1003(a)(1). You must give us the records we require under this section if we ask for them (see § 89.1003(a)(2)). 8. Section 89.108 is revised by adding paragraph
(d)to read as follows: § 89.108 Adjustable parameters, requirements.
(d)For engines that use noncommercial fuels significantly different than the specified test fuel of the same type, the manufacturer may ask to use the parameter-adjustment provisions of 40 CFR 1039.615 instead of those in this section. Engines certified under this paragraph
(d)must be in a separate engine family. See 40 CFR 1039.801 for the definition of “noncommercial fuels”. 9. Section 89.115 is amended by adding paragraph
(g)to read as follows: § 89.115 Application for certificate.
(g)The manufacturer must name an agent for service located in the United States. Service on this agent constitutes service on the manufacturer or any of its officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part. 10. Section 89.205 is amended by revising to paragraph
(a)to read as follows: § 89.205 Banking.
(a)*Requirements for Tier 1 engines rated at or above 37 kW.*
(1)A manufacturer of a nonroad engine family with a NO <sup>X</sup> FEL below the applicable standard for a given model year may bank credits in that model year for use in averaging and trading in any subsequent model year.
(2)A manufacturer of a nonroad engine family may bank NO <sup>X</sup> credits up to one calendar year prior to the effective date of mandatory certification. Such engines must meet the requirements of subparts A, B, D, E, F, G, H, I, J, and K of this part. (3)(i) A manufacturer of a nonroad engine family may bank PM credits from Tier 1 engines under the provisions specified in § 89.207(b) for use in averaging and trading in the Tier 2 or later timeframe. These credits are considered to be Tier 2 credits.
(ii)Such engine families are subject to all provisions specified in subparts A, B, D, E, F, G, H, I, J, and K of this part, except that the applicable PM FEL replaces the PM emission standard for the family participating in the banking and trading program. Subpart G—[Amended] 11. Section 89.601 is amended by adding paragraph
(d)to read as follows: § 89.601 Applicability.
(d)Importers must complete the appropriate EPA declaration form before importing an engine. These forms are available on the Internet at *http://www.epa.gov/OTAQ/imports/* or by phone at 734-214-4100. Importers must keep the forms for five years and make them available upon request. 12. Section 89.611 is amended by adding paragraphs (f)(1)(v) and (f)(1)(vi) to read as follows: § 89.611 Exemptions and exclusions.
(f)* * *
(1)* * *
(v)All nonroad engines greater than or equal to 19 kW but less than 37 kW originally manufactured prior to January 1, 1999.
(vi)All nonroad engines less than 19 kW originally manufactured prior to January 1, 2000. PART 1039—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES 13. The authority citation for part 1039 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart A—[Amended] 14. A new § 1039.2 is added to read as follows: § 1039.2 Who is responsible for compliance? The regulations in this part 1039 contain provisions that affect both engine manufacturers and others. However, the requirements of this part are generally addressed to the engine manufacturer. The term “you” generally means the engine manufacturer, as defined in § 1039.801, especially for issues related to certification. 15. Section 1039.10 is amended by revising the introductory text to read as follows: § 1039.10 How is this part organized? This part 1039 is divided into the following subparts: Subpart B—[Amended] 16. Section 1039.102 is amended by revising paragraphs (g)(2) to read as follows: § 1039.102 What exhaust emission standards and phase-in allowances apply for my engines in model year 2014 and earlier?
(g)* * *
(2)*Interim FEL caps.* As described in § 1039.101(d), you may participate in the ABT program in subpart H of this part by certifying engines to FELs for PM, NO <sup>X</sup> , or NO <sup>X</sup> +NMHC instead of the standards in Tables 1 through 7 of this section for the model years shown. The FEL caps listed in the following table apply instead of the FEL caps in § 1039.101(d)(1), except as allowed by § 1039.104(g): Table 8 of § 1039.102.—Interim Tier 4 FEL Caps, g/kW-hr Maximum engine power Phase-in option Model years 1 PM NO <sup>X</sup> NO <sup>X</sup> +NMHC kW < 19 2008-2014 0.80 2 9.5 19 ≤ kW < 37 2008-2012 0.60 9.5 37 ≤ kW < 56 3 2008-2012 0.40 7.5 56 ≤ kW < 130 phase-in 2012-2013 0.04 0.80 56 ≤ kW < 130 phase-out 2012-2013 0.04 4 6.6 130 ≤ kW ≤ 560 phase-in 2011-2013 0.04 0.80 130 ≤ kW ≤ 560 phase-out 2011-2013 0.04 5 6.4 kW > 560 2011-2014 0.20 6.2 1 For model years before 2015 where this table does not specify FEL caps, apply the FEL caps shown in § 1039.101. 2 For engines below 8 kW, the FEL cap is 10.5 g/kW-hr for NO <sup>X</sup> +NMHC emissions. 3 For manufacturers certifying engines to the standards of this part 1039 in 2012 under Option #2 of Table 3 of § 1039.102, the FEL caps for 37-56 kW engines in the 19-56 kW category of Table 2 of § 1039.101 apply for model year 2012 and later; see 40 CFR part 89 for provisions that apply to earlier model years. 4 For engines below 75 kW, the FEL cap is 7.5 g/kW-hr for NO <sup>X</sup> +NMHC emissions. 5 For engines below 225 kW, the FEL cap is 6.6 g/kW-hr for NO <sup>X</sup> +NMHC emissions. 17. Section 1039.104 is amended by revising Table 1 in paragraph (g)(4) to read as follows: § 1039.104 Are there interim provisions that apply only for a limited time?
(g)* * *
(4)* * * Table 1 of § 1039.104.—Alternate FEL Caps Maximum engine power PM FEL cap, g/kW-hr Model years for the alternate PM FEL cap NO <sup>X</sup> FEL cap, g/kW-hr Model years for the alternate NO <sup>X</sup> FEL cap 19 ≤ kW < 56 0.30 1 2012-2015 56 ≤ kW < 130 2 0.30 2012-2015 3.8 3 2012-2015 130 ≤ kW ≤ 560 0.20 2011-2014 3.8 4 2011-2014 kW > 560 5 0.10 2015-2018 3.5 2015-2018 1 For manufacturers certifying engines under Option #1 of Table 3 of § 1039.102, these alternate FEL caps apply to all 19-56 kW engines for model years from 2013 through 2016 instead of in the years indicated in this table. For manufacturers certifying engines under Option #2 of Table 3 of § 1039.102, these alternate FEL caps do not apply to 19-37 kW engines except in model years 2013 to 2015. 2 For engines below 75 kW, the FEL caps are 0.40 g/kW-hr for PM emissions and 4.4 g/kW-hr for NO <sup>X</sup> emissions. 3 For manufacturers certifying engines in this power category using a percentage phase-in/phase-out approach instead of the alternate NO <sup>X</sup> standards of § 1039.102(e)(1), the alternate NO <sup>X</sup> FEL cap in the table applies only in the 2014-2015 model years if certifying under § 1039.102(d)(1), and only in the 2015 model year if certifying under (1039.102(d)(2). 4 For manufacturers certifying engines in this power category using the percentage phase-in/phase-out approach instead of the alternate NO <sup>X</sup> standard of § 1039.102(e)(2), the alternate NO <sup>X</sup> FEL cap in the table applies only for the 2014 model year. 5 For engines above 560 kW, the provision for alternate NO <sup>X</sup> FEL caps is limited to generator-set engines. For example, if you produce 1,000 generator-set engines above 560 kW in 2015, up to 200 of them may be certified to the alternate NO <sup>X</sup> FEL caps. 18. Section 1039.115 is amended by revising the section heading, the introductory text, and paragraph
(a)introductory text to read as follows: § 1039.115 What other requirements apply? Engines that are required to meet the emission standards of this part must meet the following requirements, except as noted elsewhere in this part:
(a)*Crankcase emissions.* Crankcase emissions may not be discharged directly into the ambient atmosphere from any engine throughout its useful life, except as follows: 19. Section 1039.125 is amended by revising paragraph
(f)introductory text to read as follows: § 1039.125 What maintenance instructions must I give to buyers?
(f)*Source of parts and repairs.* State clearly on the first page of your written maintenance instructions that a repair shop or person of the owner's choosing may maintain, replace, or repair emission-control devices and systems. Your instructions may not require components or service identified by brand, trade, or corporate name. Also, do not directly or indirectly condition your warranty on a requirement that the engine be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship. You may disregard the requirements in this paragraph
(f)if you do one of two things: 20. Section 1039.135 is amended by revising paragraph
(g)to read as follows: § 1039.135 How must I label and identify the engines I produce?
(g)If you obscure the engine label while installing the engine in the equipment such that the label cannot be read during normal maintenance, you must place a duplicate label on the equipment. If others install your engine in their equipment in a way that obscures the engine label, we require them to add a duplicate label on the equipment (see 40 CFR 1068.105); in that case, give them the number of duplicate labels they request and keep the following records for at least five years:
(1)Written documentation of the request from the equipment manufacturer.
(2)The number of duplicate labels you send for each engine family and the date you sent them. Subpart C—[Amended] 21. Section 1039.205 is amended by revising paragraphs
(o)and
(x)and adding paragraph
(aa)to read as follows § 1039.205 What must I include in my application?
(o)Present emission data for hydrocarbons (such as NMHC or THCE, as applicable), NO <sup>X</sup> , PM, and CO on an emission-data engine to show your engines meet the applicable duty-cycle emission standards we specify in § 1039.101. Show emission figures before and after applying adjustment factors for regeneration and deterioration factors for each engine. Include emission results for each mode if you do discrete-mode testing under § 1039.505. Present emission data to show that you meet any applicable smoke standards we specify in § 1039.105. If we specify more than one grade of any fuel type (for example, high-sulfur and low-sulfur diesel fuel), you need to submit test data only for one grade, unless the regulations of this part specify otherwise for your engine. Note that § 1039.235 allows you to submit an application in certain cases without new emission data.
(x)Include good-faith estimates of U.S.-directed production volumes. Include a justification for the estimated production volumes if they are substantially different than actual production volumes in earlier years for similar models.
(aa)Name an agent for service located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part. 22. Section 1039.210 is revised to read as follows: § 1039.210 May I get preliminary approval before I complete my application? If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission-control devices, deterioration factors, testing for service accumulation, maintenance, and NTE deficiencies and carve-outs. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary approval related to the upcoming model year or the model year after that, we will make best-efforts to make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years ahead of time. 23. Section 1039.225 is amended by revising paragraphs (a), (b)(3), (d), and
(e)to read as follows: § 1039.225 How do I amend my application for certification to include new or modified engines or change an FEL?
(a)You must amend your application before you take any of the following actions:
(1)Add an engine configuration to an engine family. In this case, the engine configuration added must be consistent with other engine configurations in the engine family with respect to the criteria listed in § 1039.230.
(2)Change an engine configuration already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine's lifetime.
(3)Modify an FEL for an engine family as described in paragraph
(f)of this section.
(b)* * *
(3)If the original emission-data engine for the engine family is not appropriate to show compliance for the new or modified engine configuration, include new test data showing that the new or modified engine configuration meets the requirements of this part.
(d)For engine families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your newly added or modified engine. You may ask for a hearing if we deny your request (see § 1039.820).
(e)For engine families already covered by a certificate of conformity, you may start producing the new or modified engine configuration anytime after you send us your amended application and before we make a decision under paragraph
(d)of this section. However, if we determine that the affected engines do not meet applicable requirements, we will notify you to cease production of the engines and may require you to recall the engines at no expense to the owner. Choosing to produce engines under this paragraph
(e)is deemed to be consent to recall all engines that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph
(c)of this section within 30 days, you must stop producing the new or modified engines. 24. Section 1039.230 is amended by revising paragraph
(a)to read as follows: § 1039.230 How do I select engine families?
(a)For purposes of certification, divide your product line into families of engines that are expected to have similar emission characteristics throughout the useful life as described in this section. Your engine family is limited to a single model year. 25. Section 1039.235 is amended by revising paragraph (d)(1) to read as follows: § 1039.235 What emission testing must I perform for my application for a certificate of conformity?
(d)* * *
(1)The engine family from the previous model year differs from the current engine family only with respect to model year or other characteristics unrelated to emissions. 26. Section 1039.245 is amended by revising the introductory text to read as follows: § 1039.245 How do I determine deterioration factors from exhaust durability testing? Establish deterioration factors to determine whether your engines will meet emission standards for each pollutant throughout the useful life, as described in §§ 1039.101 and 1039.240. This section describes how to determine deterioration factors, either with an engineering analysis, with pre-existing test data, or with new emission measurements. 27. Section 1039.255 is amended by revising paragraph
(d)to read as follows: § 1039.255 What decisions may EPA make regarding my certificate of conformity?
(d)We may void your certificate if you do not keep the records we require or do not give us information as required under this part or the Act. Subpart F—[Amended] 28. Section 1039.501 is amended by revising paragraphs
(a)and
(b)to read as follows: § 1039.501 How do I run a valid emission test?
(a)Use the equipment and procedures for compression-ignition engines in 40 CFR part 1065 to determine whether engines meet the duty-cycle emission standards in subpart B of this part. Measure the emissions of all the regulated pollutants as specified in 40 CFR part 1065. Use the applicable duty cycles specified in §§ 1039.505 and 1039.510.
(b)Section 1039.515 describes the supplemental procedures for evaluating whether engines meet the not-to-exceed emission standards in subpart B of this part. 29. Section 1039.505 is amended by revising paragraphs (a)(1) introductory text and (a)(1)(ii) to read as follows: § 1039.505 How do I test engines using steady-state duty cycles, including ramped-modal testing?
(a)* * *
(1)For discrete-mode testing, sample emissions separately for each mode, then calculate an average emission level for the whole cycle using the weighting factors specified for each mode. Calculate cycle statistics for each mode and compare with the specified values in 40 CFR part 1065 to confirm that the test is valid. Operate the engine and sampling system as follows:
(ii)Engines without NO <sup>X</sup> aftertreatment. For other engines, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute in each mode. Subpart G—[Amended] 30. Section 1039.605 is amended by revising paragraphs (a), (b), (c),
(d)introductory text, (d)(8)(ii), and (d)(8)(iii) to read as follows: § 1039.605 What provisions apply to engines certified under the motor-vehicle program?
(a)*General provisions.* If you are an engine manufacturer, this section allows you to introduce new nonroad engines into commerce if they are already certified to the requirements that apply to compression-ignition engines under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1039 for its model year, without a separate application for certification under the requirements of this part 1039. See § 1039.610 for similar provisions that apply to engines certified to chassis-based standards for motor vehicles.
(b)*Equipment-manufacturer provisions.* If you are not an engine manufacturer, you may produce nonroad equipment using motor-vehicle engines under this section as long as you meet all the requirements and conditions specified in paragraph
(d)of this section. You must also add the fuel-inlet label we specify in § 1039.135(e). If you modify the motor-vehicle engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine. Such engine modifications prevent you from using the provisions of this section.
(c)*Liability.* Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers who use these engines, and all other persons as if these engines were used in a motor vehicle. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new engines and equipment; however, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1039 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505.
(d)*Specific requirements.* If you are an engine manufacturer or equipment manufacturer and meet all the following criteria and requirements regarding your new nonroad engine, the engine is eligible for an exemption under this section:
(8)* * *
(ii)List the engine or equipment models you expect to produce under this exemption in the coming year and describe your basis for meeting the sales restrictions of paragraph (d)(3) of this section.
(iii)State: “We produce each listed [engine or equipment] model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1039.605.”. 31. Section 1039.610 is amended by revising paragraphs (a), (b), (c), (d)(7)(ii), and (d)(7)(iii) to read as follows: § 1039.610 What provisions apply to vehicles certified under the motor-vehicle program?
(a)*General provisions.* If you are a motor-vehicle manufacturer, this section allows you to introduce new nonroad engines or equipment into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all of the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1039 for its model year, without a separate application for certification under the requirements of this part 1039. See § 1039.605 for similar provisions that apply to motor-vehicle engines produced for nonroad equipment.
(b)*Equipment-manufacturer provisions.* If you are not a motor-vehicle manufacturer, you may produce nonroad equipment from motor vehicles under this section as long as you meet all the requirements and conditions specified in paragraph
(d)of this section. You must also add the fuel-inlet label we specify in § 1039.135(e). If you modify the motor vehicle or its engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine. Such modifications prevent you from using the provisions of this section.
(c)*Liability.* Engines, vehicles, and equipment for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers, and all other persons as if the nonroad equipment were motor vehicles. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new pieces of equipment; however, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1039 for its model year. If we make a determination that these engines, vehicles, or equipment do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505.
(d)* * *
(7)* * *
(ii)List the equipment models you expect to produce under this exemption in the coming year and describe your basis for meeting the sales restrictions of paragraph (d)(3) of this section.
(iii)State: “We produced each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1039.610.” 32. Section 1039.625 is amended by revising paragraph (e)(3) as follows: § 1039.625 What requirements apply under the program for equipment-manufacturer flexibility?
(e)* * *
(3)In all other cases, engines at or above 56 kW and at or below 560 kW must meet the appropriate Tier 3 standards described in § 89.112. Engines below 56 kW and engines above 560 kW must meet the appropriate Tier 2 standards described in § 89.112. Subpart H—[Amended] 33. Section 1039.705 is amended by removing and reserving paragraph
(a)and revising paragraph
(b)before the equation to read as follows: § 1039.705 How do I generate and calculate emission credits?
(a)[Reserved]
(b)For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Round calculated emission credits to the nearest kilogram (kg), using consistent units throughout the following equation: 34. Section 1039.730 is amended by revising paragraph (c)(1) to read as follows: § 1039.730 What ABT reports must I send to EPA?
(c)* * *
(1)Show that your net balance of emission credits from all your participating engine families in each averaging set in the applicable model year is not negative. 35. Section 1039.735 is amended by revising paragraph
(b)to read as follows: § 1039.735 What records must I keep?
(b)Keep the records required by this section for eight years after the due date for the end-of-year report. You may not use emission credits on any engines if you do not keep all the records required under this section. You must therefore keep these records to continue to bank valid credits. Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any time. Subpart I—[Amended] 36. Section 1039.801 is amended by revising the definitions for “Certification”, “Constant-speed operation”, “Designated Compliance Officer”, “Emission-control system”, “Intermediate test speed”, paragraph
(1)of the definition of “New nonroad engine”, “Nonmethane hydrocarbon”, “Oxides of nitrogen”, “Round”, and “Steady-state” and adding a definition for “Owners manual” in alphabetical order to read as follows: § 1039.801 What definitions apply to this part? *Certification* means relating to the process of obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part. *Constant-speed operation* has the meaning given in 40 CFR 1065.1001. *Designated Compliance Officer* means the Manager, Heavy-Duty and Nonroad Engine Group (6403-J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Emission-control system* means any device, system, or element of design that controls or reduces the emissions of regulated pollutants from an engine. *Intermediate test speed* has the meaning given in 40 CFR 1065.1001. *New nonroad engine* means any of the following things:
(1)A freshly manufactured nonroad engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as “brand new.” In the case of this paragraph (1), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes first. *Nonmethane hydrocarbons (NMHC)* means the sum of all hydrocarbon species except methane. Refer to 40 CFR 1065.660 for NMHC determination. *Owners manual* means a document or collection of documents prepared by the engine manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale. *Oxides of nitrogen* has the meaning given in 40 CFR 1065.1001. *Round* has the meaning given in 40 CFR 1065.1001. *Steady-state* has the meaning given in 40 CFR 1065.1001. 37. Section 1039.810 is amended by revising paragraph
(a)and removing and reserving paragraph
(b)to read as follows: § 1039.810 What materials does this part reference?
(a)*SAE material.* Table 1 of this section lists material from the Society of Automotive Engineering that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096 or *http://www.sae.org.* Table 1 follows: Table 1 of § 1039.810.—SAE Materials Document number and name Part 1039 reference SAE J1930, Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms, revised May 1998 1039.135
(b)[Reserved] 38. A new § 1039.825 is added to read as follows: § 1039.825 What reporting and recordkeeping requirements apply under this part? Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget approves the reporting and recordkeeping specified in the applicable regulations. The following items illustrate the kind of reporting and recordkeeping we require for engines and equipment regulated under this part:
(a)We specify the following requirements related to engine certification in this part 1039:
(1)In § 1039.20 we require engine manufacturers to label stationary engines that do not meet the standards in this part.
(2)In § 1039.135 we require engine manufacturers to keep certain records related to duplicate labels sent to equipment manufacturers.
(3)[Reserved]
(4)In subpart C of this part we identify a wide range of information required to certify engines.
(5)[Reserved]
(6)[Reserved]
(7)In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions. For example, equipment manufacturers must submit reports and keep records related to the flexibility provisions in § 1039.625.
(8)In § 1039.725, 1039.730, and 1039.735 we specify certain records related to averaging, banking, and trading.
(b)We specify the following requirements related to testing in 40 CFR part 1065:
(1)In 40 CFR 1065.2 we give an overview of principles for reporting information.
(2)In 40 CFR 1065.10 and 1065.12 we specify information needs for establishing various changes to published test procedures.
(3)In 40 CFR 1065.25 we establish basic guidelines for storing test information.
(4)In 40 CFR 1065.695 we identify data that may be appropriate for collecting during testing of in-use engines using portable analyzers.
(c)We specify the following requirements related to the general compliance provisions in 40 CFR part 1068:
(1)In 40 CFR 1068.5 we establish a process for evaluating good engineering judgment related to testing and certification.
(2)In 40 CFR 1068.25 we describe general provisions related to sending and keeping information.
(3)In 40 CFR 1068.27 we require manufacturers to make engines available for our testing or inspection if we make such a request.
(4)In 40 CFR 1068.105 we require equipment manufacturers to keep certain records related to duplicate labels from engine manufacturers.
(5)In 40 CFR 1068.120 we specify recordkeeping related to rebuilding engines.
(6)In 40 CFR part 1068, subpart C, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various exemptions.
(7)In 40 CFR part 1068, subpart D, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to importing engines.
(8)In 40 CFR 1068.450 and 1068.455 we specify certain records related to testing production-line engines in a selective enforcement audit.
(9)In 40 CFR 1068.501 we specify certain records related to investigating and reporting emission-related defects.
(10)In 40 CFR 1068.525 and 1068.530 we specify certain records related to recalling nonconforming engines. [FR Doc. E7-18161 Filed 9-17-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2002-0043; FRL-8126-5] Pesticide Tolerance Nomenclature Changes; Technical Amendment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; technical amendment. SUMMARY: This document makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms. DATES: This Direct Final Rule is effective on November 2, 2007 without notice, unless EPA receives adverse comment by October 18, 2007. If EPA receives adverse comments, EPA will publish a **Federal Register** document to withdraw the direct final rule before the effective date. If this Direct Final Rule becomes effective on November 2, 2007, any person may file objections and request for hearings on those objections. Objections and requests for hearings must be received on or before November 19, 2007. For direct final rules, the date of issuance is considered to be the effective date. Objections and hearings must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ). ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2002-0043. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., 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 in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-9362; fax number:
(703)305-6920; e-mail address: schaible.stephen@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturer (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturer (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this “ **Federal Register** ” document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at *http://www.epa.gpo/opptsfrs/home/guidelin.htm.* C. Can I File an Objection or Hearing Request? Under section 408(g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2002-0043 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before November 19, 2007. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2002-0043, by one of the following methods. • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* . Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* . OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket telephone number is
(703)305-5805. II. Background EPA's Office of Pesticide Programs
(OPP)has developed a commodity vocabulary data base entitled “Food and Feed Commodity Vocabulary.” The data base was developed to consolidate all the major OPP commodity vocabularies into one standardized vocabulary. As a result, all future pesticide tolerances issued under 40 CFR part 180 will use the “preferred commodity term” as listed in the aforementioned data base. This is the sixth in a series of documents revising the terminology of commodity terms currently in tolerances in 40 CFR part 180. Final rules, revising pesticide tolerance nomenclature, were published in the **Federal Register** on June 19, 2002 (67 FR 41802) (FRL-6835-2); June 21, 2002 (67 FR 42392) (FRL-7180-1); on July 1, 2003 (68 FR 39428) (FRL-7308-9); (68 FR 39435) (FRL-7316-9); and December 13, 2006 (71 FR 74802) (FRL-8064-3). A.What action is the Agency Taking? In this rule, EPA is amending tolerance commodity terms as follows: 1. The first letter of the commodity term is capitalized. All other letters, including the first letter of proper names, are changed to lower case. 2. Commodity terms are listed in the singular, although there are the following exceptions: “leaves”, “roots”, “tops”, “greens”, “hulls”, “vines”, “fractions”, “shoots”, and “byproducts”. 3. Commodity terms are amended so that generic terms precede modifying terms. Example - “Aspirated grain fractions” is replaced with “Grain, aspirated fractions”. 4. Parentheses are replaced with commas. Examples: “Almond (hulls)” is replaced with “Almond, hulls”. “Peppermint (tops)” is replaced with “Peppermint, tops”. “Sugarcane (cane)” is replaced with “Sugarcane, cane”. 5. Abbreviated terms are replaced with the appropriate commodity terms. Examples - “Cattle, mbyp”; “Goat, mbyb”; “Hog, mbyp”; “Horse, mbyp” and “Sheep, mbyp” are replaced with “Cattle, meat byproducts”; “Goat, meat byproducts”; “Hog, meat byproducts”; “Horse, meat byproducts” and “Sheep, meat byproducts”. 6. Crop group terms are revised to standardize with the Food and Feed Vocabulary. Examples of these types of changes are: “Leafy vegetables except Brassica” is replaced with “Vegetable, leafy, except brassica, group 4”. “Brassica, head and stem, subgroup” is replaced with “Brassica, head and stem, subgroup 5A”. “Cucurbit, vegetables (Group 9)” is replaced with “Vegetable, cucurbit, group 9”. “Dried, shelled pea and bean, except soybean (Crop Subgroup 6C)” is replaced with “Pea and bean, dried shelled, except soybean, subgroup 6C”. “Forage, fodder and straw of Grain, cereal” is replaced with “Grain, cereal, forage, fodder and straw, group 16”. “Nongrass animal feed” is replaced with “Animal feed, nongrass, group 18”. B. Additional Changes In addition to format changes to the commodity terms, this document also includes many revisions to the commodity terms. These revisions replace certain commodity terms that are no longer used by EPA with the appropriate matching term in the “Food and Feed Vocabulary”. For example: “Dry bulb onion” and “Onion, dry bulb” are replaced with “Onion, bulb”. “Filbert” is replaced with “Hazelnut”. “Peppermint” and “Spearmint” are replaced with “Peppermint, tops” and “Spearmint, tops”. “Cotton seed” and “Cottonseed” are replaced with “Cotton, undelinted seed”. “Beet, sugar” is replaced with “Beet, sugar, roots”. “Sorghum, grain” is replaced with “Sorghum, grain, grain”. “Sugarcane, fodder” is replaced with “Sugarcane, stover”. “Corn, fresh (inc sweet corn), kernel plus cob with husks removed”; “Corn, fresh (inc sweet, kernel plus cob with husks removed)”; “Corn, fresh (inc. sweet, kernel plus cob with husks removed)”; “Corn, fresh (including sweet K and corn with husks removed (CWHR)”; “Corn, fresh (including sweet kernels plus cobs with husks removed)”; “Corn, fresh (including sweet, kernel plus cob with husks removed)”; “Corn, fresh, sweet, kernel plus cob with husks removed”; “Corn, sweet grain, kernel plus cob with husks removed”; and “Corn, sweet kernel plus cob with husks removed” are replaced with “Corn, sweet, kernel plus cob with husks removed”. “Potato processing waste”; “Potato, waste”; “Potato, waste, dried, processed”; “Potato waste, processed (wet and dry)”; and “Processed, dried potato waste”; are replaced with “Potato, processed potato waste”. This document also deletes certain terms that are not needed to identify the tolerance commodities. Examples: 1. The terms “nutmeat” and “nutmeats” when used in association with the tree nut crops or peanut are not needed. For tree nut crops, nutmeat and almond hulls are the only edible portions of the crop consumed. Therefore, OPP's Food and Feed Commodity Vocabulary uses the commodity terms “Almond”, “Pecan”, “Walnut”, etc. for the tree nuts and the commodity term “Peanut” is used in place of “Peanut, nutmeat”. 2. The term “Endive (escarole)” is changed to “Endive” since the term “Endive” includes escarole. 3. The term “Banana (includes plantains)” is changed to “Banana” since the Food and Feed Vocabulary uses the term “Banana” includes plantains. 4. The terms “Ginger, roots” and “Ginseng, roots” are changed to “Ginger” and “Ginseng” since the roots are the only edible portion of the crop generally consumed. C. Why is this Technical Amendment Issued as a Final Rule? Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's technical amendment final without prior proposal and opportunity for comment, because today's action revises commodity terms listed under 40 CFR part 180, subpart C, in a manner that clearly will have no impact on the meaning of the tolerance regulations. For example, today's action revises commodity terms so that most are in singular (e.g., “Orange”) instead of the plural (e.g., “Oranges”). A complete description of the types of changes that are being made has been provided above. EPA has determined that there is no need for public comment on such ministerial changes and thus that there is good cause under 5 U.S.C. 553(b)(B) for dispensing with public comment. While EPA believes that it has correctly identified all instances where these above-listed revisions need to be made, the Agency would appreciate readers notifying EPA of discrepancies, omissions, or technical problems by submitting them to the address or e-mail under FOR FURTHER INFORMATION CONTACT . These will be corrected in a future rule. IV. Statutory and Executive Order Reviews This final rule makes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations, and it does not otherwise impose or amend any requirements. As such, the Office of Management and Budget
(OMB)has determined that a technical amendment is not a “significant regulatory action” subject to review by OMB under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). Nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). The Regulatory Flexibility Act
(RFA)(5 U.S.C. 601et seq.) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental organizations. After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action proposes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations. This technical amendment will not have any negative economic impact on any entities, including small entities. In addition, the Agency has determined that this action will not have a substantial direct effect on 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, entitled Federalism (64 FR 43255, August 10, 1999).Executive Order 13132 requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that 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.” This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of the FFDCA. For these same reasons, the Agency has determined that this final rule does not have any “tribal implications” as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.” This final rule will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does not apply to this final rule. V. 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 this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). Lists of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pest, Reporting and recordkeeping requirements. Dated: September 4, 2007. Debra Edwards, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I, part 180 is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a, and 371. PART 180—[AMENDED] 2. Part 180 is amended as follows: In Section In paragraph Remove the term or phrase Add in its place the term or phrase 180.103
(a)table Soybean, dry Soybean, seed 180.103
(a)table Soybean, succulent Soybean, vegetable, succulent 180.106 (a)(1) table Fruit, citrus, Fruit, citrus 180.106 (a)(1) table Grass, hay (other than Bermudagrass, hay) Grass, hay, except bermudagrass 180.106 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.106
(b)table Catfish fillets Catfish 180.110
(a)table Carrot,roots Carrot, roots 180.111 (a)(1) table Chayote fruit Chayote, fruit 180.111 (a)(1) table Chayote roots Chayote, roots 180.111 (a)(1) table Filbert Hazelnut 180.111 (a)(1) table Corn, fresh (including sweet, kernel plus cob with husks removed) Corn, sweet, kernel plus cob with husks removed 180.111 (a)(1) table Peppermint Peppermint, tops 180.111 (a)(1) table Sorghum, grain, postharvest Sorghum, grain, grain, postharvest 180.111 (a)(1) table Vegetables, leafy (except Brassica) Vegetable, leafy, except brassica, group 4 180.111 (a)(3) text refined safflower oil safflower, refined oil 180.111 (a)(5)(i) text dehydrated citrus pulp citrus, dried pulp 180.111 (a)(5)(i) text dried citrus pulp citrus, dried pulp 180.121
(a)table Beet, sugar Beet, sugar, roots 180.121
(a)table Beet, sugar, top Beet, sugar, tops 180.123 (a)(1) table Ginger, roots, postharvest Ginger, postharvest 180.123
(c)table Ginger, roots, postharvest Ginger, postharvest 180.142 (a)(2) table Corn, fresh, sweet, kernel plus cob with husks removed Corn, sweet, kernel plus cob with husks removed 180.142 (a)(2) table Grass hay Grass, hay 180.142 (a)(2) table Sorghum, grain Sorghum, grain, grain 180.142 (a)(12)(i) text sugarcane bagasse sugarcane, bagasse 180.145 (a)(3) table Fruit, dried , postharvest (other than raisin) Fruit, dried, except grape, raisin, postharvest 180.153 (a)(1) table Filbert Hazelnut 180.153 (a)(1) table Ginseng, roots Ginseng 180.153 (a)(1) table Onion, dry bulb Onion, bulb 180.153
(c)table Radish, Chinese (roots) Radish, oriental, roots 180.153
(c)table Radish, Chinese
(tops)Radish, oriental, tops 180.154
(a)table Filbert Hazelnut 180.157
(a)table Melon (incl. Cantaloupe, Melon, honeydew, and muskmelon, determined on the edible portion with rind removed) Melon (determined on the edible portion with rind removed) 180.163 (a)(1) table Peppermint, hay Peppermint, tops 180.169 (a)(1) table Filbert (hazelnuts) Hazelnut 180.169 (a)(1) table Salsify (roots) Salsify, roots 180.175 (a)(1) table Onion, dry bulb Onion, bulb 180.176
(a)table Beet, sugar Beet, sugar, roots 180.176
(a)table Fresh corn (including sweet corn, kernels plus cob with husk removed) Corn, sweet, kernel plus cob with husks removed 180.176
(a)table Onion, dry bulb Onion, bulb 180.176
(a)table Peanut vine hay Peanut, hay 180.176
(a)table Popcorn grain Corn, pop, grain 180.185
(a)table Rutabagas Rutabaga 180.205
(a)table Beet, sugar Beet, sugar, roots 180.205
(a)table Sorghum, grain Sorghum, grain, grain 180.206
(a)table Sorghum, grain Sorghum, grain, grain 180.207
(a)table Peppermint oil Peppermint, oil 180.207
(a)table Spearmint oil Spearmint, oil 180.209
(a)table Canebserry Caneberry subgroup 13A 180.211
(a)table Sorghum, grain Sorghum, grain, grain 180.213 (a)(1) table Artichoke,globe Artichoke, globe 180.213 (a)(1) table Filbert Hazelnut 180.220 (a)(1) table Rye grass, perennial Ryegrass, perennial 180.220 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.220 (a)(1) table Sugarcane, fodder Sugarcane, stover 180.221
(a)table Corn, sweet kernel plus cob with husks removed Corn, sweet, kernel plus cob with husks removed 180.225 (a)(1) table Banana (includes Plantains) Banana 180.225 (a)(1) table Filbert Hazelnut 180.225 (a)(2) table All RACs resulting from preharvest treatment of pest burrows All raw agricultural commodities resulting from preharvest treatment of pest burrows 180.227 (a)(1) table Crop Group 17 (grass, forage, fodder and hay) Grass, forage, fodder and hay, group 17 180.227 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.227 (a)(1) table Sugarcane, fodder Sugarcane, stover 180.231
(a)table Filbert Hazelnut 180.241
(a)table Onion, dry bulb Onion, bulb 180.242 (a)(1) table Potato processing waste (PRE- & POST-H) Potato, processed potato waste, postharvest 180.243 table Sorghum, grain Sorghum, grain, grain 180.245 (a)(1) table Pome, fruit Fruit, pome 180.249 table Sorghum, grain
(milo)Sorghum, grain, grain 180.253
(a)table Corn, fresh (inc sweet, kernel plus cob with husks removed) Corn, sweet, kernel plus cob with husks removed 180.253
(a)table Grass, Bermuda, hay (dried and dehydrated) Bermudagrass, hay 180.254
(a)table Barley straw (of which not more than 1.0 ppm is carbamates) Barley, straw (of which no more than 1.0 ppm is carbamates) 180.254
(a)table Beet, sugar Beet, sugar, roots 180.254
(a)table Corn, fresh (including sweet corn), kernel plus cob with husks removed (of which not more than 0.2 ppm is cabamates) Corn, sweet, kernel plus cob with husks removed (of which no more than 0.2 ppm is carbamates) 180.254
(a)table Raisins, waste (of which no more than 3.0 ppm is carbamates Grape, raisin, waste (of which no more than 3.0 ppm is carbamates) 180.254
(a)table Sorghum, fodder (of which no more than 0.5 ppm is carbamates) Sorghum, grain, stover (of which no more than 0.5 ppm is carbamates) 180.254
(a)table Sorghum, grain Sorghum, grain, grain 180.258
(a)table Sugarcane, fodder Sugarcane, stover 180.258
(c)table Cassava, root Cassava, roots 180.259
(a)table Sorghum, grain Sorghum, grain, grain 180.261
(a)table Cattle, mby Cattle, meat byproducts 180.269
(a)table Beet, sugar Beet, sugar, roots 180.269
(a)table Sorghum, grain Sorghum, grain, grain 180.269
(a)table Sugarcane, fodder Sugarcane, stover 180.275 (a)(1) table Onion, dry bulb Onion, bulb 180.275
(c)table Filbert Hazelnut 180.298
(a)table Fruit, citrus (except mandarins) Fruit, citrus, except tangerine 180.298
(a)table Sorghum, grain Sorghum, grain, grain 180.304
(a)table Berry, group 13 Berry group 13 180.317
(a)table Cattle, meat byproducts, except kidney, liver Cattle, meat byproducts, except kidney and liver 180.317
(a)table Goat, meat byproducts, except kidney, liver Goat, meat byproducts, except kidney and liver 180.317
(a)table Hog, meat byproducts, except kidney, liver Hog, meat byproducts, except kidney and liver 180.317
(a)table Horse, meat byproducts, except kidney, liver Horse, meat byproducts, except kidney and liver 180.317
(a)table Nongrass animal feed Animal feed, nongrass, group 18 180.317
(a)table Poultry, meat byproductsidney, liver Poultry, meat byproducts 180.317
(a)table Radicchio, greens
(tops)Radicchio 180.317
(a)table Sheep, meat byproducts, except kidney, liver Sheep, meat byproducts, except kidney and liver 180.324 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.330
(a)table Beet, sugar Beet, sugar, roots 180.330
(a)table Filbert Hazelnut 180.330
(a)table Onion, dry bulb Onion, bulb 180.342 (a)(1) table Onion, dry bulb Onion, bulb 180.342 (a)(2) table Milk, whole Milk 180.342 (c)(2) table Feijoa (pineapple guava) Feijoa 180.345 (a)(2) table Sugar beet molasses Beet, sugar, molasses 180.349 (a)(1) table Grape, raisins Grape, raisin 180.349
(c)table Bok choy Cabbage, chinese, bok choy 180.352
(a)table Sorghum, grain Sorghum, grain, grain 180.352
(b)table Coffee bean, green 1 Coffee, bean, green 1 180.355 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.356
(a)table Cattle, mbyb, except liver Cattle, meat byproducts, except liver 180.356
(a)table Filbert Hazelnut 180.356
(a)table Goat, mbyb, except liver Goat, meat byproducts, except liver 180.356
(a)table Hog, mbyb, except liver Hog, meat byproducts, except liver 180.356
(a)table Horse, mbyb, except liver Horse, meat byproducts, except liver 180.356
(a)table Sheep, mbyb, except liver Sheep, meat byproducts, except liver 180.361
(a)table Carrots Carrot 180.361
(a)table Onion, dry bulb Onion, bulb 180.364
(a)table Berry, group 13 Berry group 13 180.364
(a)table Galangal, root Galangal, roots 180.364
(a)table Vegetable, foliage of legume subgroup 7A, except soybean Vegetable, foliage of legume, except soybean, subgroup 7A 180.364
(a)table Vegetable, leafy, group 4 Vegetable, leafy, except brassica, group 4 180.368 (a)(1) table Nongrass animal feed (forage, fodder, straw, and hay) group Animal feed, nongrass, group 18 180.368 (a)(1) table Seed and pod vegetables (except soybean) Vegetable, seed and pod, except soybean 180.368 (a)(1) table Sorghum, grain Sorghum, grain, grain 180.368 (a)(3) table Horse, meat byproducts, except, kidney and liver Horse, meat byproducts, except kidney and liver 180.368 (a)(3) table Onion, dry bulb Onion, bulb 180.368 (a)(3) table Vegetable, fruiting group 8, (except tabasco pepper) Vegetable, fruiting, group 8, except tabasco pepper 180.368 (a)(3) table Vegetable, leaf petioles, subgroup 4B Leaf petioles subgroup 4B 180.368 (a)(3) table Vegetable, legume, pea and bean, dried shelled, (except soybean) subgroup 6C Pea and bean, dried shelled, except soybean, subgroup 6C 180.368 (a)(3) table Vegetable, root, (except sugar beet) subgroup 1B Vegetable, root, except sugar beet, subgroup 1B 180.368 (a)(3) table Vegetables, tuberous and corm, subgroup 1C Vegetable, tuberous and corm, subgroup 1C 180.368
(c)table Onion, dry bulb Onion, bulb 180.368
(d)table Nongrass, animal feed (forage, fodder, straw, hay) group 18 Animal feed, nongrass, group 18 180.377
(2)table Almond, hulls Almond, hulls 180.378
(b)table Filbert Hazelnut 180.378
(b)table Onion, dry bulb Onion, bulb 180.379 (a)(1) table Corn, sweet, kernels and cobs Corn, sweet, kernel plus cob with husks removed 180.379 (a)(1) table Filbert Hazelnut 180.379 (a)(3) table Soybean hulls Soybean, hulls 180.381
(a)table Banana (including plantain) Banana 180.381
(a)table Onion, dry bulb Onion, bulb 180.399 (a)(1) table Cherry (sweet), postharvest Cherry, sweet, postharvest 180.399 (a)(1) table Onion, dry bulb Onion, bulb 180.407
(a)table Corn, sweet grain, kernel plus cob with husks removed Corn, sweet, kernel plus cob with husks removed 180.407
(a)table Leafy vegetables (except Brassica vegetables) Vegetable, leafy, except brassica, group 4 180.408
(a)table Apricot (dried) Apricot, dried 180.408
(a)table Grain, cereal (except wheat, barley, and oats) Grain, cereal, group 15, except barley, oat and wheat 180.408
(a)table Onion, dry bulb Onion, bulb 180.408
(a)table Peanut, nut Peanut 180.408
(a)table Potato waste, dried, processed Potato, processed potato waste 180.408
(a)table Vegetable, legume, foliage Vegetable, foliage of legume, group 7 180.408
(d)table Grain, cereal group (except wheat, barley, and oats), fodder Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; stover 180.408
(d)table Grain, cereal group (except wheat, barley, and oats), forage Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; forage 180.408
(d)table Grain, cereal group (except wheat, barley, and oats), straw Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; straw 180.410
(a)table Beet, sugar Beet, sugar, roots 180.411 (a)(2) table Onion
(bulb)Onion, bulb 180.412
(a)table Corn, sweet stover Corn, sweet, stover 180.412
(a)table Peppermint, tops (stems and leaves) Peppermint, tops 180.412
(a)table Potato flakes Potato, granules/flakes 180.412
(a)table Potato waste, processed (wet and dry) Potato, processed potato waste 180.412
(a)table Spearmint, tops (stems and leaves) Spearmint, tops 180.412
(a)table Sunflower meal Sunflower, meal 180.414 (a)(1) table Bean, dry, except cowpea Bean, dry, except cowpea 180.414 (a)(1) table Onion, dry bulb Onion, bulb 180.414
(d)table Radish, root Radish, roots 180.414
(d)table Radish, tops (leaves) Radish, tops 180.415
(a)table Leafy vegetables (except brassica vegetables) group Vegetable, leafy, except brassica, group 4 180.415
(a)table Onion, dry bulb Onion, bulb 180.418 (a)(1) table Onion, dry bulb Onion, bulb 180.418 (a)(1) table Vegetable, brassica, leafy group 5 Brassica, leafy greens, subgroup 5B 180.418 (a)(2) table Berry, group 13 Berry group 13 180.418 (a)(2) table Dried, shelled pea and bean, except soybean (Crop subgroup 6C) Pea and bean, dried shelled, except soybean, subgroup 6C 180.418 (a)(2) table Edible podded legume vegetables (Crop subgroup 6A) Vegetable, legume, edible podded, subgroup 6A 180.418 (a)(2) table Grass, forage, group 17 Grass, forage, fodder, and hay, group 17, forage 180.418 (a)(2) table Grass, hay, group 17 Grass, forage, fodder, and hay, group 17, hay 180.418 (a)(2) table Leafy vegetables except, Brassica Vegetable, leafy, except brassica, group 4 180.418 (a)(2) table Onion, dry bulb Onion, bulb 180.418 (a)(2) table Sorghum, grain Sorghum, grain, grain 180.418 (a)(2) table Succulent, shelled pea and bean (Crop subgroup 6B) Pea and bean, succulent shelled, subgroup 6B 180.418 (a)(2) table Vegetable, fruiting, except cucurbits (Crop Group 8) Vegetable, fruiting, group 8 180.420
(b)table Cattle, meat, except kidney and liver Cattle, meat 180.420
(b)table Goat, meat, except kidney and liver Goat, meat 180.420
(b)table Hog, meat, except kidney and liver Hog, meat 180.420
(b)table Horse, meat, except kidney and liver Horse, meat 180.420
(b)table Poultry liver Poultry, liver 180.420
(b)table Poultry, meat, except kidney and liver Poultry, meat 180.420
(b)table Sheep, meat, except kidney and liver Sheep, meat 180.420
(c)table Root crops, vegetables Vegetable, root crop 180.430
(a)table Peanut hulls Peanut, hulls 180.431
(a)table Mustard, greens Mustard greens 180.432
(a)table Beans, snap, succulent (excluding limas) Bean, snap, succulent, except lima bean 180.434
(a)table Berry, group 13 Berry group 13 180.434
(a)table Leaf petioles, subgroup 4B Leaf petioles subgroup 4B 180.435 (a)(1) table Apples, wet pomace Apple, wet pomace 180.435 (a)(1) table Onion, dry bulb Onion, bulb 180.435 (a)(1) table Radish tops Radish, tops 180.435 (a)(1) table Sorghum, grain forage Sorghum, grain, forage 180.435 (a)(1) table Sorghum, grain stover Sorghum, grain, stover 180.435 (a)(1) table Sunflower seed Sunflower, seed 180.436 (a)(1) table Turnips, greens Turnip, greens 180.438 (a)(1) table Vegetables, fruiting, group 8 Vegetable, fruiting, group 8 180.438 (a)(1) table Vegetables, legume, edible podded, subgroup 6A Vegetable, legume, edible podded, subgroup 6A 180.438 (a)(2) table Apple, wet pomace Apple, pomace, wet 180.438 (a)(2) table Milk fat (reflecting 0.20 ppm in whole milk Milk, fat (reflecting 0.20 ppm in whole milk) 180.438 (a)(2) table Sunflower, seed hulls Sunflower, seed, hulls 180.440
(a)table Corn, fresh (including sweet K and corn with husks removed
(CWHR)Corn, sweet, kernel plus cob with husks removed 180.441 (a)(1) table Soybean flour Soybean, flour 180.441 (a)(4) table Beet, sugar root Beet, sugar, roots 180.442 (a)(1) table Horse, mby Horse, meat byproducts 180.443
(a)table Fruit, stone (except cherry) Fruit, stone, except cherry 180.446 (a)(1) table Grapes Grape 180.446 (a)(1) table Persimmons Persimmon 180.447 (a)(1) table Soybeans Soybean 180.447 (a)(2) table Alfalfa, seed screening Alfalfa, seed screenings 180.447 (a)(2) table Animal feed, nongrass, group, forage Animal feed, nongrass, group 18, forage 180.447 (a)(2) table Animal feed, nongrass, group, hay Animal feed, nongrass, group 18, hay 180.447
(c)table Endive (escorole) Endive 180.449
(a)table Cucurbits (cucumber, mellons, and squashes) Vegetable, cucurbit, group 9 180.449
(a)table Herbs, crop subgroup 19A (except chives) Herb subgroup 19A, except chive 180.449
(a)table Vegetable, fruiting, crop group 8 Vegetable, fruiting, group 8 180.449
(a)table Vegetable, leafy, except Brassica, crop group 4 Vegetable, leafy, except brassica, group 4 180.450
(a)table Sorghum, grain Sorghum, grain, grain 180.451
(c)table Grass, forage, fodder and hay, group (except Bermudagrass); forage Grass, forage, fodder and hay, group 17, except bermudagrass; forage 180.451
(c)table Grass, forage, fodder and hay, group (except Bermudagrass); hay Grass, forage, fodder and hay, group 17, except bermudagrass; hay 180.452
(a)table Corn, fresh (including sweet kernels plus cobs with husks removed) Corn, sweet, kernel plus cob with husks removed 180.454 table Corn, sweet, fodder (stover) Corn, sweet, stover 180.458 (a)(3) table Onion, dry bulb Onion, bulb 180.464
(a)table Onion, dry bulb Onion, bulb 180.464
(a)table Peanut, nutmeat Peanut 180.464
(a)table Sorghum, grain Sorghum, grain, grain 180.466
(a)table Melon subgroup 9-A Melon subgroup 9A 180.466
(a)table Milkfat (reflecting 0.08 ppm in whole milk) Milk, fat (reflecting 0.08 ppm in whole milk) 180.468 table Beans
(dry)Bean, dry 180.472
(a)table Coffee, green bean Coffee, bean, green 180.472
(a)table Oats, forage Oat, forage 180.472
(a)table Oats, grain Oat, grain 180.472
(a)table Oats, hay Oat, hay 180.472
(a)table Oats, straw Oat, straw 180.472
(a)table Potato, waste Potato, processed potato waste 180.472
(a)table Sorghum, grain Sorghum, grain, grain 180.472
(a)table Sorgum, stover Sorghum, grain, stover 180.472
(a)table Vegetable, legume, except soybean, group 6 Vegetable, legume, group 6, except soybean 180.472
(d)table Forage, fodder, and straw of Grain, cereal crop group (forage) Grain, cereal, forage, fodder and straw, group 16; forage 180.472
(d)table Forage, fodder, and straw of Grain, cereal crop group
(hay)Grain, cereal, forage, fodder and straw, group 16; hay 180.472
(d)table Forage, fodder, and straw of Grain, cereal crop group (stover) Grain, cereal, forage, fodder and straw, group 16; stover 180.472
(d)table Forage, fodder, and straw of Grain, cereal crop group (straw) Grain, cereal, forage, fodder and straw, group 16; straw 180.472
(d)table Vegetable, legume, crop group 6 Vegetable, legume, group 6 180.473 (a)(1) table Potato granules and flakes Potato, granules/flakes 180.473 (a)(2) table Aspirated grain fractions Grain, aspirated fractions 180.473 (a)(2) table Beet, sugar, tops (leaves) Beet, sugar, tops 180.473 (a)(2) table Rice, hull Rice, hulls 180.476 (a)(1) table Filbert Hazelnut 180.477
(a)table Cotton gin by products Cotton, gin byproducts 180.479 (a)(2) table Corn, sweet, fodder/stover Corn, sweet, stover 180.479 (a)(2) table Sorghum, grain, fodder/stover Sorghum, grain, stover 180.481 table Grain, cereal group (except rice and wild rice), fodder Grain, cereal, forage, fodder and straw, group 16, except rice and wild rice; stover 180.481 table Grain, cereal group (except rice and wild rice), forage Grain, cereal, forage, fodder and straw, group 16, except rice and wild rice; forage 180.481 table Grain, cereal group (except rice and wild rice), grain Grain, cereal, group 15, except rice and wild rice 180.481 table Grain, cereal group (except rice and wild rice), hay Grain, cereal, forage, fodder and straw, group 16, except rice and wild rice; hay 180.481 table Grain, cereal group (except rice and wild rice), straw Grain, cereal, forage, fodder and straw, group 16, except rice and wild rice; straw 180.482 (a)(1) table Vegetable, fruiting (Except cucurbits) Vegetable, fruiting, group 8 180.482 (a)(1) table Vegetable, tuberous and corm (except potato), subgroup 1D Vegetable, tuberous and corm, except potato, subgroup 1D 180.482
(d)table Forage, fodder, hay and straw of grain, cereal, group 16 Grain, cereal, forage, fodder and straw, group 16 180.482
(d)table Forage, fodder, straw and hay of non-grass animal feed, group 18 Animal feed, nongrass, group 18 180.484 (a)(1) table Peanut meal Peanut, meal 180.484 (a)(1) table Poultry (including turkeys), fat Poultry, fat 180.484 (a)(1) table Poultry (including turkeys), meat Poultry, meat 180.484 (a)(1) table Poultry (including turkeys), meat byproducts Poultry, meat byproducts 180.486 table Corn, sweet, stover (fodder) Corn, sweet, stover 180.489
(a)table Crop group 2: Leaves of root and tuber vegetables (human food or animal feed (except radish) group (of which no more than 0.20 ppm is TSM) Vegetable, leaves of root and tuber, group 2, except radish (of which no more than 0.20 ppm is TMS) 180.489
(a)table Crop group 8: Vegetable, fruiting (except cucurbits) group Vegetable, fruiting, group 8 180.489
(a)table Crop subgroup 1-A: Root vegetables (except radish) subgroup (of which no more than 0.10 ppm is TSM) Vegetable, root, subgroup 1A, except radish (of which no more than 0.10 ppm is TMS) 180.489
(a)table Crop sugroup 1-C: Tuberous and corm vegetables subgroup (of which no more than 0.50 ppm is TSM) Vegetable, tuberous and corm, subgroup 1C (of which no more than 0.50 ppm is TMS) 180.489
(a)table Crop subgroup 6-A: Edible-podded legume vegetables subgroup (of which no more than 0.3 ppm is TSM) Vegetable, legume, edible podded, subgroup 6A (of which no more than 0.3 ppm is TMS) 180.489
(a)table Crop subgroup 6-B: Succulent shelled pea and bean subgroup (of which no more than 0.1 ppm is TSM) Pea and bean, succulent shelled, subgroup 6B (of which no more than 0.1 ppm is TMS) 180.489
(a)table Crop subgroup 6-C: Dried shelled pea and bean (except soybean and animal feed) subgroup (of which no more than 1.5 ppm is TSM) Pea and bean, dried shelled, except soybean, subgroup 6C (of which no more than 1.5 ppm is TMS) 180.489
(a)table Prune (of which no more than 0.05 ppm is TMS) Plum, prune (of which no more than 0.05 ppm is TMS) 180.489
(a)table Wheat shorts (of which no more than 0.5 ppm is TMS) Wheat, shorts (of which no more than 0.5 ppm is TMS) 180.493
(d)table Grain, cereal group, fodder Grain, cereal, forage, fodder and straw, group 16, stover 180.493
(d)table Grain, cereal group, forage Grain, cereal, forage, fodder and straw, group 16, forage 180.493
(d)table Grain, cereal group, grain Grain, cereal, group 15 180.493
(d)table Grain, cereal group, hay Grain, cereal, forage, fodder and straw, group 16, hay 180.493
(d)table Grain, cereal group, straw Grain, cereal, forage, fodder and straw, group 16, straw 180.494
(a)table Hog meat byproducts Hog, meat byproducts 180.494
(a)table Horse meat Horse, meat 180.494
(a)table Horse meat byproducts Horse, meat byproducts 180.494
(a)table Nut tree, group 14 Nut, tree, group 14 180.494
(a)table Sheep, meat by-product Sheep, meat byproducts 180.495
(a)table Cranberry subgroup 13A Caneberry subgroup 13A 180.495
(a)table Herb, dried, subgroup Herb subgroup 19A, dried 180.495
(a)table Herb, fresh, subgroup Herb subgroup 19A, fresh 180.495
(a)table Leafy vegetables (except Brassica vegetables group) Vegetable, leafy, except brassica, group 4 180.495
(a)table Legume vegetables, dried shell pea and bean (Crop Subgroup 6C) Pea and bean, dried shelled, except soybean, subgroup 6C 180.495
(a)table Legume vegetables, edible podded (Crop Subgroup 6A) Vegetable, legume, edible podded, subgroup 6A 180.495
(a)table Legume vegetables, succulent shelled pea and bean (Crop Subgroup 6B) Pea and bean, succulent shelled, subgroup 6B 180.495
(a)table Vegetable, cucurbit (cucumber, melon, squashes), group 9 Vegetable, cucurbit, group 9 180.497
(b)table Grain, cereal group (except rice, wild rice, sweet corn and wheat), forage Grain, cereal, forage, fodder and straw, group 16, except rice, sweet corn, wheat, and wild rice; forage 180.497
(b)table Grain, cereal group (except rice, wild rice, sweet corn and wheat), hay Grain, cereal, forage, fodder and straw, group 16, except rice, sweet corn, wheat, and wild rice; hay 180.497
(b)table Grain, cereal group (except rice, wild rice, sweet corn and wheat), stover (fodder) Grain, cereal, forage, fodder and straw, group 16, except rice, sweet corn, wheat, and wild rice; stover 180.497
(b)table Grain, cereal group (except rice, wild rice, sweet corn and wheat), straw Grain, cereal, forage, fodder and straw, group 16, except rice, sweet corn, wheat, and wild rice; straw 180.497
(b)table Grain, cereal group (except rice, wild rice, sweet corn and wheat, grain Grain, cereal, group 15, except rice, sweet corn, wheat, and wild rice 180.498
(d)table Grain, cereal (excluding sweet corn), Bran Grain, cereal, group 15, except sweet corn; bran 180.498
(d)table Grain, cereal (excluding sweet corn), Forage Grain, cereal, forage, fodder and straw, group 16, except sweet corn; forage 180.498
(d)table Grain, cereal (excluding sweet corn), Grain Grain, cereal, group 15, except sweet corn 180.498
(d)table Grain, cereal (excluding sweet corn), Hay Grain, cereal, forage, fodder and straw, group 16, except sweet corn; hay 180.498
(d)table Grain, cereal (excluding sweet corn), Stover Grain, cereal, forage, fodder and straw, group 16, except sweet corn; stover 180.498
(d)table Grain, cereal (excluding sweet corn), Straw Grain, cereal, forage, fodder and straw, group 16, except sweet corn; straw 180.500
(a)Cattle, meat byproducts (except kidney) Cattle, meat byproducts, except kidney 180.500
(a)Goats, meat byproducts (except kidney) Goat, meat byproducts, except kidney 180.500
(a)Horses, kidney Horse, kidney 180.500
(a)Horses, meat byproducts (except kidney) Horse, meat byproducts, except kidney 180.500
(a)Sheep, meat byproducts (except kidney) Sheep, meat byproducts, except kidney 180.505 (a)(1) table Vegetable, fruiting (except Cucurbits), group 8 Vegetable, fruiting, group 8 180.507 (a)(1) table Onion, dry bulb Onion, bulb 180.507 (a)(1) table Vegetable, legume, edible podded, subgroup, except soybean Vegetable, legume, edible podded, subgroup 6A, except soybean 180.510 (a)(1) table Fig, dried Fig, dried fruit 180.510 (a)(1) table Onion, dry bulb Onion, bulb 180.510 (a)(1) table White sapote Sapote, white 180.510 (a)(2) text all foods all food commodities 180.511
(a)table Almond hulls Almond, hulls 180.511
(a)table Cotton seed Cotton, undelinted seed 180.511
(a)table Custard, apple Custard apple 180.511
(a)table Passion fruit Passionfruit 180.515
(a)table Berry, group 13 Berry group 13 180.515
(a)table Cotton, gin by products Cotton, gin byproducts 180.515
(a)table Cotton, meals Cotton, meal 180.515
(a)table Grain, cereal, hay Grain, cereal, forage, fodder and straw, group 16, hay 180.515
(a)table Grain, cereal, stover Grain, cereal, forage, fodder and straw, group 16, stover 180.515
(a)table Grain, cereal, straw (excluding rice) Grain, cereal, forage, fodder and straw, group 16, except rice; straw 180.515
(a)table Herb and Spices, group 19 Herbs and spices group 19 180.515
(a)table Kiwi fruit Kiwifruit 180.515
(a)table Pusalan Pulasan 180.515
(a)table Sugar, apple Sugar apple 180.515
(a)table Vegetable, brassica, leafy, group 05 Vegetable, brassica, leafy, group 5 180.515
(a)table Vegetable, bulb, group 03 Vegetable, bulb, group 3 180.515
(a)table Vegetable, foliage of legume (except soybean), group 07 Vegetable, foliage of legume, except soybean, subgroup 7A 180.515
(a)table Vegetable, leafy, except brassica, group 04 Vegetable, leafy, except brassica, group 4 180.515
(a)table Vegetable, leaves of root and tuber, group 02 Vegetable, leaves of root and tuber, group 2 180.515
(a)table Vegetable, legume, group 06 Vegetable, legume, group 6 180.515
(a)table Vegetable, root and tuber, group 01 Vegetable, root and tuber, group 1 180.515
(a)table Wax, Jambu Wax jambu 180.516
(a)table Citrus, crop group 10 Fruit, citrus, group 10 180.516
(a)table Forage, fodder, and straw of Grain, cereal Grain, cereal, forage, fodder and straw, group 16 180.516
(a)table Herb and spicegroup 19 Herbs and spices group 19 180.516
(a)table Herb, dried, subgroup 19A Herb subgroup 19A, dried 180.516
(a)table Herb, fresh, subgroup 19A Herb subgroup 19A, fresh 180.516
(a)table Leafy vegetables except Brassica Vegetable, leafy, except brassica, group 4 180.516
(a)table Non-grass animal feed Animal feed, nongrass, group 18 180.516
(a)table Onion, dry bulb Onion, bulb 180.517
(a)table Hog Fat Hog, fat 180.517
(a)table Hog Liver Hog, liver 180.517
(a)table Hog Meat Byproducts, except liver Hog, meat byproducts, except liver 180.517
(a)table Poultry Fat Poultry, fat 180.517
(a)table Poultry Meat Poultry, meat 180.518 (a)(1) table Fruit, citrus, group 10 (post-harvest) Fruit, citrus, group 10, postharvest 180.518 (a)(1) table Fruit, stone (except cherry), group 12 Fruit, stone, group 12, except cherry 180.518 (a)(1) table Onion, dry bulb Onion, bulb 180.518 (a)(2) table Cattle, mbyp (except kidney) Cattle, meat byproducts, except kidney 180.518 (a)(2) table Goat, mbyp (except kidney) Goat, meat byproducts, except kidney 180.518 (a)(2) table Horse, mbyp (except kidney) Horse, meat byproducts, except kidney 180.518 (a)(2) table Sheep, mbyp (except kidney) Sheep, meat byproducts, except kidney 180.532 (a)(1) table Almond nutmeats Almond 180.532 (a)(1) table Herb, subgroup 19A, dried Herb subgroup 19A, dried 180.532 (a)(1) table Herb, subgroup 19A, fresh Herb subgroup 19A, fresh 180.532 (a)(2) table Onion, dry bulb Onion, bulb 180.533
(a)table Sorghum, grain Sorghum, grain, grain 180.544 (a)(1) table Leaf petioles subgroup Leaf petioles subgroup 4B 180.544 (a)(1) table Peppermint Peppermint, tops 180.544 (a)(1) table Spearmint Spearmint, tops 180.544 (a)(1) table Strawberries Strawberry 180.544 (a)(1) table Vegetable, foliage of legume, (except soybean) subgroup 7A Vegetable, foliage of legume, except soybean, subgroup 7A 180.544
(b)table Sorghum, grain Sorghum, grain, grain 180.544 (d)(2) table Animal feed, non-grass, group Animal feed, nongrass, group 18 180.544 (d)(2) table Grain, cereal, forage, fodder and straw, group Grain, cereal, forage, fodder and straw, group 16 180.544 (d)(2) table Herb and spice, group Herbs and spices group 19 180.551 (a)(2) table Cotton undelinted seed Cotton, undelinted seed 180.553
(a)table Leafy greens, subgroup 4A, except spinach Leafy greens subgroup 4A, except spinach 180.554 (a)(1) table Pecans Pecan 180.555
(a)table Hog, meat, Hog, meat 180.556
(a)table Vegetable, leafy, execpt brassica, group (Crop Group 4) Vegetable, leafy, except brassica, group 4 180.561
(b)table Onion, dry bulb Onion, bulb 180.562
(a)table Cattle, meat byproducts except liver Cattle, meat byproducts, except liver 180.562
(a)table Goat, meat byproducts except liver Goat, meat byproducts, except liver 180.562
(a)table Hog, meat byproducts except liver Hog, meat byproducts, except liver 180.562
(a)table Horse, meat by-products except liver Horse, meat byproducts, except liver 180.562
(a)table Sheep, meat byproducts except liver Sheep, meat byproducts, except liver 180.565
(a)table Bushberry, subgroup 13B Bushberry subgroup 13B 180.565
(a)table Peppermint Peppermint, tops 180.565
(a)table Spearmint Spearmint, tops 180.566 (a)(1) table Cotton undelinted seed Cotton, undelinted seed 180.566 (a)(2) table Cattle, meat byproducts (excluding liver and kidney) Cattle, meat byproducts, except kidney and liver 180.566 (a)(2) table Goat, meat byproducts (excluding liver and kidney Goat, meat byproducts, except kidney and liver 180.566 (a)(2) table Horse, meat byproducts (excluding liver and kidney) Horse, meat byproducts, except kidney and liver 180.566 (a)(2) table Sheep, meat byproducts (excluding liver and kidney Sheep, meat byproducts, except kidney and liver 180.567 (a)(2) table Potato, granule/flakes Potato, granules/flakes 180.568
(a)table Almond (hulls) Almond, hulls 180.568
(a)table Almond (nutmeat) Almond 180.568
(a)table Onion (dry bulb) Onion, bulb 180.568
(a)table Peppermint
(tops)Peppermint, tops 180.568
(a)table Shallot
(bulb)Shallot, bulb 180.568
(a)table Spearmint
(tops)Spearmint, tops 180.568
(a)table Sugarcane
(cane)Sugarcane, cane 180.568
(a)table Tuberous/corm vegetables (Subgroup 1C) Vegetable, tuberous and corm, subgroup 1C 180.573 (a)(1) table Cotton, undelinated seed Cotton, undelinted seed 180.574 (a)(2) table Wine grape 1 Grape, wine 1 180.575 (a)(1) table Sorghum, grain, postharvest Sorghum, grain, grain, postharvest 180.578 (a)(1) table Fruit, pome group Fruit, pome, group 11 180.579 (a)(1) table Onion, dry bulb Onion, bulb 180.579 (a)(1) table Vegetable, tuberous and corm, subgroup 01C Vegetable, tuberous and corm, subgroup 1C 180.579 (a)(2) table Beef, fat Cattle, fat 180.579 (a)(2) table Beef, meat Cattle, meat 180.579 (a)(2) table Beef, meat byproducts Cattle, meat byproducts 180.579 (a)(2) table Sheep, meat byproduct Sheep, meat byproducts 180.581
(a)table Tomatoes 1 Tomato 1 180.582 (a)(1) table Brassica, head and stem, subgroup Brassica, head and stem, subgroup 5A 180.582 (a)(1) table Brassica, leafy greens, subgroup Brassica, leafy greens, subgroup 5B 180.582 (a)(1) table Fruit, pome, group Fruit, pome, group 11 180.582 (a)(1) table Legume, forage, except peanut and soybean, subgroup Vegetable, foliage of legume, except soybean, subgroup 7A 180.582 (a)(1) table Peppermint Peppermint, tops 180.582 (a)(1) table Spearmint Spearmint, tops 180.582 (a)(1) table Vegetable, bulb Vegetable, bulb, group 3 180.582 (a)(1) table Vegetable, leafy, except brassica, group Vegetable, leafy, except brassica, group 4 180.582 (a)(1) table Vegetable, leaves of root and tuber, except sugar beet Vegetable, leaves of root and tuber, group 2, except sugar beet 180.586
(a)table Pome fruit Fruit, pome 180.586
(d)table Animal feed, nongrass Animal feed, nongrass, group 18 180.586
(d)table Grain, cereal, forage, fodder and straw Grain, cereal, forage, fodder and straw, group 16 180.587
(a)table Vegetable, cucurbits, group 9 Vegetable, cucurbit, group 9 180.587
(a)table Vegetable, fruiting, group 8 except tomato Vegetable, fruiting, group 8, except tomato 180.588
(b)table Vegetable, cucurbit, subgroup 9A Melon subgroup 9A 180.589 (a)(1) table Apple, wet, pomace Apple, wet pomace 180.589 (a)(1) table Aspirated grain fractions Grain, aspirated fractions 180.589 (a)(1) table Berries, group 13 Berry group 13 180.589 (a)(1) table Fruit, pome, crop group, group 11 Fruit, pome, group 11 180.589 (a)(1) table Hops, cones, dried Hop, dried cones 180.589 (a)(1) table Leafy greens, subgroup 4A, except head and leaf lettuce Leafy greens subgroup 4A, except head lettuce and leaf lettuce 180.589 (a)(1) table Leafy petioles, subgroup 4B Leaf petioles subgroup 4B 180.589 (a)(1) table Vegetable, Brassica leafy, head and stem, subgroup 5A Brassica, head and stem, subgroup 5A 180.589 (a)(1) table Vegetable, Brassica leafy, leafy greens, subgroup 5B Brassica, leafy greens, subgroup 5B 180.589 (a)(1) table Vegetable, legume, dried shell pea and bean (except soybean), subgroup 6C, except cowpea, field pea, and grain lupin Pea and bean, dried shelled, except soybean, subgroup 6C, except cowpea, field pea and grain lupin 180.589 (a)(2) table Goat, meat, byproducts Goat, meat byproducts 180.589 (a)(2) table Poultry, meat, byproduct Poultry, meat byproducts 180.589
(d)table Grain, cereal, forage, fodder and straw, group 16, fodder Grain, cereal, forage, fodder and straw, group 16, stover 180.589
(d)table Vegetable, leafy, group 4, except lettuce, celery and spinach Vegetable, leafy, except brassica, group 4, except celery, lettuce and spinach 180.589
(d)table Vegetable, legume, foliage, group 7, forage Vegetable, foliage of legume, group 7, forage 180.589
(d)table Vegetable, legume, foliage, group 7, hay Vegetable, foliage of legume, group 7, hay 180.589
(d)table Vegetable, legume, foliage, group 7, vines Vegetable, foliage of legume, group 7, vines 180.589
(d)table Vegetable, root and tuber, leaves, Group 2 Vegetable, leaves of root and tuber, group 2 180.598
(a)table Cattle, meat byproducts, except liver and kidney Cattle, meat byproducts, except kidney and liver 180.598
(a)table Goat, meat byproducts except liver and kidney Goat, meat byproducts, except kidney and liver 180.598
(a)table Horse, meat byproducts, except liver and kidney Horse, meat byproducts, except kidney and liver 180.598
(a)table Sheep, meat byproducts, except liver and kidney Sheep, meat byproducts, except kidney and liver 180.598
(a)table Vegetables, tuberous and corn, subgroup 1C Vegetable, tuberous and corm, subgroup 1C 180.601
(a)table Cucurbit vegetables (Group 9) Vegetable, cucurbit, group 9 180.603 (a)(1) table Vegetable, cucubit, group 9 Vegetable, cucurbit, group 9 180.603 (a)(2) table Cattle, mbyp Cattle, meat byproducts 180.603 (a)(2) table Goat, mbyp Goat, meat byproducts 180.603 (a)(2) table Hog, mbyp Hog, meat byproducts 180.603 (a)(2) table Horse, mbyp Horse, meat byproducts 180.603 (a)(2) table Sheep, mbyp Sheep, meat byproducts 180.607 (a)(1) table Vegetable, brassica, leafy greens, subgroup 5B Brassica, leafy greens, subgroup 5B 180.607 (a)(1) table Vegetable, leafy greens, subgroup 4A Leafy greens subgroup 4A 180.610 (a)(1) table Aspirated grain fractions Grain, aspirated fractions 180.610 (a)(2) table Cattle, meat byproducts, excluding kidney Cattle, meat byproducts, except kidney 180.610 (a)(2) table Goat, meat byproducts, excluding kidney Goat, meat byproducts, except kidney 180.610 (a)(2) table Horse, meat byproducts, excluding kidney Horse, meat byproducts, except kidney 180.610 (a)(2) table Sheep, meat byproducts, excluding kidney Sheep, meat byproducts, except kidney 180.613 (a)(1) table Potato, granular/flakes Potato, granules/flakes 180.613 (a)(1) table Vegetable, cucurbit, group Vegetable, cucurbit, group 9 180.613 (a)(1) table Vegetable, fruiting, group Vegetable, fruiting, group 8 180.613 (a)(1) table Vegetable, leafy except Brassica group 4, except spinach Vegetable, leafy, except brassica, group 4, except spinach 180.613 (a)(2) table Sheep, meat by products Sheep, meat byproducts 180.614
(a)table Vegetable, fruiting group 8 1 Vegetable, fruiting, group 8 1 180.617
(b)table Aspirated grain fractions Grain, aspirated fractions [FR Doc. E7-18159 Filed 9-17-07; 8:45 a.m.] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL-8469-6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency. ACTION: Notice of deletion for the Grand Street Mercury Superfund Site from the National Priorities List. SUMMARY: The U.S. Environmental Protection Agency
(EPA)Region II Office announces the deletion of the Grand Street Mercury Superfund Site from the National Priorities List (NPL). The Grand Street Mercury Site is located in the city of Hoboken, Hudson County, New Jersey. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the State of New Jersey, through the Department of Environmental Protection (NJDEP) have determined that all appropriate response actions have been implemented and no further response actions are required. In addition, EPA and the NJDEP have determined that the remedial action taken at the Grand Street Mercury Site is protective of public health, welfare, and the environment. DATES: *Effective Date:* September 18, 2007. FOR FURTHER INFORMATION CONTACT: Farnaz Saghafi, Remedial Project Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 19th Floor, New York, New York 10007-1866,
(212)637-4408. SUPPLEMENTARY INFORMATION: To be deleted from the NPL is: The Grand Street Mercury Superfund site, City of Hoboken, Hudson County, New Jersey. A Notice of Intent to Delete for the Grand Street Mercury Site was published in the **Federal Register** on June 28, 2007. The closing date for comments on the Notice of Intent to Delete was July 28, 2007. No comments were received by EPA on the proposed deletion during the public comment period. EPA's decision to propose the site for deletion is based on the successful implementation of the remedy which included demolition of the former industrial building and excavation and restoration of contaminated soils, thereby mitigating risks to human health and the environment. The monitoring data collected, since the construction of the remedy was completed in December 2004, confirmed that the remedy is protective of human health and the environment. EPA identifies sites that appear to present a significant risk to public health, welfare, or the environment and it maintains the NPL as the list of those sites. As described in § 300.425(e)(3) of the NCP, any site or portion thereof deleted from the NPL remains eligible for remedial actions in the unlikely event that conditions at the site warrant such action in the future. Deletion of a site from the NPL does not affect responsible party liability or impede agency efforts to recover costs associated with response efforts. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution controls, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: August 17, 2007. Alan J. Steinberg, Regional Administrator—Region II. For the reasons set out in the preamble, part 300, Chapter I of Title 40 of the Code of Federal Regulations, is amended as follows: PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: Authority: 42 U.S.C. 9601-9675; 33 U.S.C. 1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended by removing “Grand Street Mercury, Hoboken, NJ.” [FR Doc. E7-18363 Filed 9-17-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 761 [EPA-HQ-OPPT-2005-0042; FRL-8143-4] RIN 2070-AB20 Polychlorinated Biphenyls; Manufacturing (Import) Exemption AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: With certain exceptions, section 6(e)(3) of the Toxic Substances Control Act
(TSCA)bans the manufacture, processing, and distribution in commerce of polychlorinated biphenyls (PCBs). For purposes of TSCA, “manufacture” is defined to include import into the Customs Territory of the United States. One of these exceptions is TSCA section 6(e)(3)(B), which gives EPA authority to grant petitions to perform these activities for a period of up to 12 months, provided EPA can make certain findings by rule. On July 21, 2005, the United States Defense Logistics Agency (DLA), a component of the United States Department of Defense (DOD), submitted a petition to EPA to import foreign-manufactured PCBs that DOD currently owns in Japan for disposal in the United States. In this document, EPA is granting DLA's petition. This decision to grant the petition allows DLA to manufacture (i.e., import) certain PCBs for disposal. DATES: This final rule is effective January 7, 2008. ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPPT-2005-0042. All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(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 electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Tom Simons, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)566-0517; e-mail address: *simons.tom@epa.gov* . SUPPLEMENTARY INFORMATION: I. Does this Action Apply to Me? This action primarily applies to the petitioner, the DLA. However, you may be potentially affected by this action if you process, distribute in commerce, or dispose of PCB waste generated by others, i.e., you are an EPA-permitted PCB waste handler. Potentially affected categories and entities include, but are not necessarily limited to: • Waste treatment and disposal (NAICS code 5622), e.g., facilities that store or dispose of PCB waste. • Materials recovery facilities (NAICS code 56292), e.g., facilities that process and/or recycle metals. • Public administration (NAICS code 92), e.g., the petitioning agency (i.e., the DLA). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR part 761. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . II. Background A. What Action is the Agency Taking? In the **Federal Register** of April 30, 2007 (Ref. 1), the Agency proposed to grant DLA’s petition to import PCB waste for disposal. The Agency received no comments on that proposal. In this final rule, the Agency is granting a petition submitted by DLA to import PCB waste for disposal. In the absence of an exemption, import of this waste would be banned by section 6(e)(3) of TSCA. The petition, dated July 21, 2005, is for an exemption to import certain foreign-generated PCBs owned by DOD that are currently in use or storage in Japan. (The term “foreign-generated PCBs” is used to identify those PCBs that DOD acquired from foreign sources and that are subject to the TSCA ban on import.) On April 16, 2001, DLA submitted a similar petition to import over four million pounds of foreign-generated PCB waste. EPA granted that petition in a final rule document published in the **Federal Register** of January 31, 2003 (Ref. 2). B. What is the Agency’s Authority for Taking this Action? Section 6(e) of TSCA, 15 U.S.C. 2605(e), generally prohibits the manufacture (which includes import) of PCBs after January 1, 1979, the processing and distribution in commerce of PCBs after July 1, 1979, and most uses of PCBs after October 11, 1977. Section 6(e)(3)(A) of TSCA prohibits the manufacture, processing, and distribution in commerce of PCBs except for the distribution in commerce of PCBs that were sold for purposes other than resale before July 1, 1979. Section 6(e)(1) of TSCA also authorizes EPA to regulate the disposal of PCBs consistent with the provisions in TSCA section 6(e)(2) and (3). Section 6(e)(3)(B) of TSCA provides that any person may petition the Administrator for an exemption from the prohibition on the manufacture, processing, and distribution in commerce of PCBs. The Administrator may by rule grant an exemption if the Administrator finds that: i. an unreasonable risk of injury to health or the environment would not result, and ii. good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk of injury to health or the environment and which may be substituted for such polychlorinated biphenyl. (15 U.S.C. 2605(e)(3)(B)(i)-(ii)). The Administrator may prescribe terms and conditions for an exemption and may grant an exemption for a period of not more than 1 year from the date the petition is granted. In addition, TSCA section 6(e)(4) requires that a rule under TSCA section 6(e)(3)(B) be promulgated in accordance with TSCA section 6(c)(2), (3), and (4), which provide for a proposed rule, the opportunity for an informal public hearing, and a final rule. EPA's procedures for rulemaking under TSCA section 6 are found under 40 CFR part 750. This part includes Subpart B—Interim Procedural Rules for Manufacturing Exemptions, which describes the required content for manufacturing exemption petitions and the procedures EPA follows in rulemaking on these petitions. These rules are codified at 40 CFR 750.10 through 750.21. III. Findings Necessary to Grant Petitions A. No Unreasonable Risk Finding Before granting an exemption petition, TSCA section 6(e)(3)(B)(i) requires the Administrator to find that granting an exemption would not result in an unreasonable risk of injury to health or the environment in the United States. EPA has interpreted this provision to require a petitioner to demonstrate that the activity will not pose an unreasonable risk. (See 40 CFR 750.11.) To determine whether a risk is unreasonable, EPA balances the probability that harm will occur to health or the environment against the benefits to society from granting or denying each petition. See generally, 15 U.S.C. 2605(c)(1). Specifically, EPA considers the following factors: 1. *Effects of PCBs on human health and the environment* . In deciding whether to grant an exemption, EPA considers the magnitude of exposure and the effects of PCBs on humans and the environment. The following discussion summarizes EPA's assessment of these factors. A more complete discussion of these factors is provided in the preamble to the 1988 PCB proposed rule document published in the **Federal Register** of August 24, 1988 (Ref. 3). i. *Health effects* . EPA has determined that PCBs cause significant human health effects including cancer, immune system suppression, liver damage, skin irritation, and endocrine disruption. PCBs exhibit neurotoxicity as well as reproductive and developmental toxicity. PCBs are readily absorbed through the skin and are absorbed at even faster rates when inhaled. Because PCBs are stored in animal fatty tissue, humans are also exposed to PCBs through ingestion of animal products. ii. *Environmental effects* . Certain PCB congeners are among the most stable chemicals known, and decompose very slowly once they are released in the environment. PCBs are absorbed and stored in the fatty tissue of higher organisms as they bioaccumulate up the food chain through invertebrates, fish, and mammals. Significantly, bioaccumulated PCBs appear to be even more toxic than those found in the ambient environment, since the more toxic PCB congeners are more persistent and thus more likely to be retained. PCBs also have reproductive and other toxic effects in aquatic organisms, birds, and mammals. iii. *Risks* . Toxicity and exposure are the two basic components of risk. EPA has concluded that any exposure of humans or the environment to PCBs may be significant, depending on such factors as the quantity of PCBs involved in the exposure, the likelihood of exposure to humans and the environment, and the effect of exposure. Minimizing exposure to PCBs should minimize any eventual risk. EPA has previously determined that some activities, including the disposal of PCBs in accordance with 40 CFR part 761, pose no unreasonable risks. Other activities, such as long-term storage of PCB waste, are generally considered by EPA to pose unreasonable risks. 2. *Benefits and costs* . The benefits to society of granting an exemption vary, depending on the activity for which the exemption is requested. The reasonably ascertainable costs of denying an exemption vary, depending on the individual petition. As discussed in Unit IV., EPA has taken benefits and costs into consideration when evaluating this exemption petition. B. Good Faith Efforts Finding Section 6(e)(3)(B)(ii) of TSCA also requires the Administrator to find that “good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk of injury to health or the environment and which may be substituted for [PCBs].” EPA has interpreted this provision to require that a petitioner has the burden of demonstrating that it has made the requisite good faith efforts. (40 CFR 750.11) EPA considers several factors in determining whether good faith efforts have been made. For each petition, EPA considers the kind of exemption the petitioner is requesting and whether the petitioner expended time and effort to develop or search for a substitute. In each case, the burden is on the petitioner to show specifically what they did to substitute non-PCB material for PCBs or to show why it was not feasible to substitute non-PCBs for PCBs. To satisfy this finding for requests for an exemption to import PCBs for disposal, a petitioner must show why such activity must occur in the United States and what steps will be taken to eliminate the need to import PCBs in the future. While requiring a petitioner to demonstrate that good faith efforts to develop a substitute for PCBs makes sense when dealing with traditional manufacture and distribution exemption petitions, the issue of the development of substitute chemicals seems to have little bearing on whether to grant a petition for exemption that would allow the import into the United States for disposal of waste generated by DOD overseas. EPA believes the more relevant “good faith” issue for such an exemption request is whether the disposal of the waste could and/or should occur outside the United States. IV. Final Disposition of This Exemption Petition A. The Petition: July 21, 2005 Petition to Import PCBs Located in Japan On July 21, 2005, DLA submitted a petition seeking a 1-year exemption to import PCBs and PCB items currently in temporary storage at U.S. military installations in Japan. In revised figures provided in November 2006 (Ref. 5), DLA estimates that as much as 1,328,482 pounds of waste contaminated with PCBs could be generated in Japan through the calendar year 2008. The material in Japan consists of liquids, electrical transformers, capacitors, switches, circuit breakers, other miscellaneous items and debris (rags, gaskets, and personal protective equipment). PCB concentrations of the waste include amounts in all regulatory concentrations (i.e., 50 parts per million (ppm), 50-499 ppm, and >500 ppm); however, 88% of the waste is at concentrations below 50 ppm PCB and less than 5% of the total shipment is liquid PCBs greater than 50 ppm. Details of the particular amounts and concentrations DLA petitioned to import are provided in Refs. 4 and 5. DLA will package and transport, treat and dispose of this PCB waste in the same manner as waste identified in its previous petitions (Ref. 2), which EPA granted in 2003 to allow the import of over 4,000,000 pounds of waste contaminated with PCBs; DLA notes that compliance is required with the International Maritime Dangerous Goods Code/International Maritime Organization, the International Civil Aviation Organization Technical Instructions, the International Air Transport Association Dangerous Goods Code, the United Nations Recommendations on the Transport of Dangerous Goods Code, and 49 CFR parts 100-199. DLA further notes that proper handling and shipping will include blocking, bracing, over packing, and inclusion of spill containment devices, as required by applicable transportation regulations. DLA states that it will handle and dispose of all PCBs in conformance with the PCB regulations at 40 CFR part 761. DLA notes that it has “considerable experience and expertise in awarding and administering disposal contracts for PCB waste in the U.S.” and that it will only “award contracts for treatment and disposal services with commercial firms. Contracts will be awarded in accordance with all applicable federal procurement statutes and the Federal Acquisition Regulations (FAR).” On October 12, 2005, DLA selected Clean Harbors Environmental Services
(CHES)in Coffeyville, Kansas to dispose of the PCB waste to be removed from Japan. CHES has disposed of PCBs returning from Japan at the Coffeyville Disposal Facility on four separate occasions since 2003 without incident. In addition, DLA will use shippers approved by the United States Department of Transportation
(DOT)when the waste materials are transported from the California port to the Coffeyville Disposal Facility. The surface commercial transport trucks and the sea vessels themselves are approved and contracted for use by the DOD Surface Deployment and Distribution Command. 1. *Information regarding no unreasonable risk provided by the petitioner* . DLA notes that the materials in question will be managed in accordance with all applicable laws and regulations. Once in the United States, the PCB waste will be transported, handled, treated, and disposed of in compliance with the PCB regulations at 40 CFR part 761. DLA states that it will only contract with companies with the required Federal and State-permitted storage, treatment, and disposal facilities for dealing with PCBs and PCB items. DLA notes that it and its contractors “have extensive experience in safely returning U.S.-manufactured PCBs and PCB items to the U.S. for disposal,” and that “prior to safely returning and disposing of 2.7 million pounds of foreign-generated PCB containing waste under the previously granted exemption, DLA returned 2.4 million pounds of U.S.-manufactured PCBs and PCB Items from Japan since 1991 for compliant disposal without incident.” In contrast, DLA notes that the continued storage of PCBs at U.S. facilities in Japan is problematic. DOD currently has a considerable amount of PCB waste in storage at its facilities in Japan, and more will accumulate over the coming years as equipment is retired from use and contaminated sites are cleaned up. DLA notes that due to the unavailability of disposal capacity in Japan, much of DLA's foreign-manufactured PCB waste inventory in Japan has been in storage for years and movement of PCB waste presently in storage is frequently necessary to accommodate additional PCBs taken out of service. DLA summarizes the risks of this situation as follows: Continued accumulation over extended time periods increases the risk of exposure to U.S. military personnel, to people living in and around the U.S. installations where the PCBs are stored, and to the environment should releases occur due to human error, or unforeseen severe weather, or seismic events. In addition, storage containers will deteriorate with time, increasing the likelihood that personnel who must monitor such items and repack them if they suspect leakage are exposed to the PCBs. Long-term storage may increase the DOD’s liability for cleanup costs if spills occur. This would increase exposure to U.S. personnel and local citizens and could potentially result in ground and water contamination. Each time an item is handled, another opportunity for a spill or exposure is created. The storage situation is exacerbated in Japan because the installations where these materials are located are relatively small, storage space is at a premium, and the surrounding civilian communities are located in very close proximity to the stored PCBs. Moreover, the situation for the DOD is further complicated because of the perceptions of the local communities regarding PCBs. DLA further notes that EPA expressed concerns about long-term storage in the PCB Import for Disposal Rule (Ref. 6): EPA believes that PCB wastes which are not disposed of for extended periods of time or which are not disposed of in facilities providing equivalent protection from release to the environment may pose an unreasonable risk of injury to health and the environment. (61 FR 11096) The same rule also underscored the benefit of prompt disposal in the United States (Ref. 6): Based on the persistence of PCBs in the global environment and EPA’s finding that any exposure to human beings or the environment may be significant, EPA believes that the safe disposal of PCBs in approved U.S. facilities poses less risk of injury to health or the environment in the United States than the continued presence of PCBs in other countries, since proper disposal in this country provides protection against possible hazards from improper disposal elsewhere. (61 FR 11096) Beyond the immediate environmental risk, DLA describes other benefits to the United States that it believes would result from the granting of its petition: In 1968, a tragic human poisoning episode in Western Japan affected over 1,000 people causing 22 deaths. The “Yusho” or “rice oil disease” was attributed to the consumption of rice bran oil contaminated with PCBs and served as a catalyst for current PCB prohibitions such as those imposed by TSCA, the Stockholm Convention, and Japanese domestic law. As a result of this highly publicized incident, Japanese citizens exhibit particular sensitivity to PCB issues. Delicate U.S.-Japan relations over the presence and operation of U.S. military installations could be adversely affected by denial of this petition. The presence of PCBs on U.S. military bases in Japan has in the past attracted significant adverse attention from Japanese politicians, the Japanese press, Japanese environmental groups, and local citizens. There has been constant local surveillance of U.S. military PCB storage in Sagamihara and demands for inspections and sampling for PCBs since at least 1992, when a member of Congress released a report outlining the storage and presence of PCBs and other hazardous materials on U.S. bases in Japan. Any perception that the United States would return to stockpiling and long term storage of these materials invites unwarranted claims that the U.S. military is neglecting its environmental responsibilities. DLA concludes: Allowing PCB material to remain in storage indefinitely may lead to degradation of storage containers and releases of PCBs into the environment from the materials located at temporary or permanent storage facilities. PCBs released into the environment as a result of disasters, accidents, container degradation or other events can present significant exposure risks. This material is currently stored, or will need to be stored, on crowded DOD facilities in close proximity to where U.S. military and civilian personnel and the local community live and work. Since there are no permitted PCB disposal facilities available to U.S. forces in Japan, and because of the unique environmental conditions in Japan, as noted above, the potential for PCB contamination via leaks from aging containers or accidental spills is higher at these locations than at EPA- permitted disposal facilities in the DOD civilian employees, U.S. military personnel, and contractors employed by the U.S. Government are at greatest risk. 2. *Information regarding good faith efforts provided by the petitioner* . DLA argues in its petition that disposal of its PCBs in Japan is not an available disposal option: As DLA noted in its previous exemption requests, there are significant impediments to disposal on DOD military installations in Japan. To be properly processed, PCB materials should be separated into three streams: 1) metallic components to be decontaminated and recycled; 2) used oils to be treated/dechlorinated and recycled or burned for energy recovery; and 3) non-recyclable material to be treated and disposed of as residual solid wastes. Although certain portable treatment technologies are becoming available in Japan, the domestic regulatory standards are very stringent and would require PCB decontamination levels to be less than 0.5 ppm without dilution to qualify an item as being non PCB. Complicating the situation further is that any transfer or sale of property from the U.S. military installations into Japanese commerce is considered an “import” of property. Japan has banned the importation of PCBs at any detectable concentration including concentrations below the very stringent 0.5 ppm level at which Japan regulates domestic PCBs. DLA is not aware of any available technologies that are permitted in Japan that would treat all PCBs items to the level that PCBs are completely removed or that could be acquired at a cost that is economically feasible. Moreover, if such technology were to become available, it would not resolve the issue of the residual “non-recyclable” waste that would remain or result from the treatment process. There are no permitted commercial disposal facilities currently available to the U.S. military for PCB disposal in Japan; hence, treatment outside of Japan would still be required for the residual wastes resulting from any “on-installation” treatment process. DLA further argues that disposal of this waste in another country is not a viable option. DLA cites its 1999 Report to Congress as background on the difficulty it faces in finding suitable disposal alternatives for PCB waste generated by DOD overseas. In particular, DLA discusses the difficulty of shipping waste from Japan to other countries posed by the Basel Convention: Prior to submitting its previous request to EPA for an exemption from the TSCA PCB import ban, DLA and its primary disposal contractor made contacts over a period of several years with Japanese officials and with disposal facilities located outside the U.S. in an effort to identify firms that could dispose of waste PCB items overseas while satisfying Basel Convention requirements. The DOD also consulted with State Department officials in Japan and the U. S. whose responsibilities included international environmental matters. These consultations resulted in a consensus that use of existing facilities in other developed countries was not a reasonable alternative. Even if other countries would accept these wastes, non-governmental organizations could be expected to oppose disposal of its U.S. waste in third countries, principally because the U. S. already has the technical capability to dispose of PCBs. DLA concludes that it has made every reasonable effort to locate appropriate disposal sites outside the United States and that it has accordingly satisfied the good faith efforts criteria necessary for an exemption. B. EPA’s Final Decision on the Petition: July 21, 2005 Petition; EPA is Granting this Petition 1. *No unreasonable risk determination* . EPA finds generally that the disposal of imported PCB waste at an EPA-approved PCB disposal facility poses no unreasonable risks as these facilities have been approved on the basis of that standard. In addition, the risks to human health and the environment associated with long-term storage of this waste far outweigh the risks associated with the transportation of this waste from Japan to an approved disposal facility in the United States. As with the previous petition, EPA concurs with DLA's assessment that transportation of this waste will pose no unreasonable risk if conducted in accordance with all applicable laws and regulations. EPA permits the domestic processing and distribution in commerce of PCBs and PCB items for disposal in compliance with 40 CFR part 761, and in issuance of the PCB Import for Disposal Rule EPA investigated and sought comment on the risks inherent in transportation of imported PCB waste, and determined those risks to be insignificant (Ref. 6). For the following reasons, EPA finds that there is no unreasonable risk from the transport of this waste to the United States for disposal: i. PCBs are hazardous and pose a potential risk to health and the environment. Proper disposal would reduce PCB-associated risks. ii. Risk results from a combination of exposure (likelihood, magnitude and duration) and the probability of effects occurring under the conditions of exposure. Because the probability of a transport accident occurring is low, the likelihood of exposure to PCBs is commensurately low. Consequently, the risk of adverse effects to human health or the environment is minimal. iii. The PCB-containing materials will be packaged in a manner consistent with Federal, State, and local regulations addressing the storage and transport of hazardous materials. In addition, PCB waste will be continuously monitored during the water transport from Japan to the United States. Contingency plans are required by the International Maritime Dangerous Goods Code and DOT to be in place before and after the import of PCB-containing items to the United States. Moreover, the PCB items that will be transported to the United States are not combustible, which will make the probability of fires low. Together, these contingency measures will minimize exposure to humans and the environment in the event of an accident or emergency during ocean transport. iv. Given the aforementioned information, the exposure likelihood, frequency, and duration are so low that even though PCBs are considered to be highly hazardous, risk (combined exposure and hazard) will not be unreasonable to human health or the environment. v. The potential for human health risks are further mitigated by duration of exposure. PCBs are most hazardous following long-term (chronic) exposures. Under the transport scenario proposed, any exposures to humans (i.e., accidental or emergency situation) will be of very short duration. Hence, the low probability of exposure occurring combined with the short-term duration of exposure, should one occur, further supports a qualitative conclusion that there is no unreasonable risk to human health. vi. The long-term concern is the potential for accumulation in the ecological environment. Under a worst case scenario where all of the PCBs were released due to an unforeseen and highly unlikely catastrophic event during transport, PCB-exposed biological receptors could be adversely affected. However, this scenario is highly unlikely because it would require a complete failure of all safeguards that will be in place. The DLA analyses indicate that there would be a low probability of a complete failure. The alternative of storing the PCBs indefinitely seems to pose more risk than transport. Further, should an accident occur, emergency response authorities at least within U.S. waters, would be invoked to mitigate and/or remediate exposures. 2. *Good faith efforts to find substitutes met* . Section 6(e)(3(B)(ii) of TSCA requires the Administrator to make an additional finding, that “good faith efforts have been made to develop a chemical substance that does not present an unreasonable risk of injury to health or the environment and which may be substituted for such polychlorinated biphenyl.” EPA has interpreted this provision to require that a petitioner has the burden of demonstration that it has made the requisite good faith efforts. (See 40 CFR 750.11.) EPA believes that DLA has demonstrated good faith efforts to find alternatives to disposal of this PCB waste in the United States. EPA is aware of the lack of adequate PCB disposal capacity in Japan. DLA has explored exporting this waste to other countries as an alternative but since this is waste owned by the United States, the waste may not be shipped to other countries in the area because the United States is not a party to the Basel Convention and does not have bilateral agreements with countries in the area. EPA also acknowledges the peculiar circumstances of DOD's PCBs, which, while present in one country, are owned by another country’s government, leading to significant difficulty in providing Basel Convention notification to third countries. Given these difficulties, EPA concurs with DLA's conclusion that disposal in a third country is not a viable alternative for this waste. 3 . *Benefits of granting the petition* —i. *Avoiding the risks of long-term storage* . EPA believes that granting the petition to import 1,328,482 pounds of waste contaminated with PCBs (88% is less than 50 ppm and less than 5% is liquid PCBs greater than 50 ppm) will benefit the United States and the environment in general in several ways. As DLA notes, the continued long-term storage of PCB waste on U.S. military facilities in Japan poses risks of exposure to U.S. personnel and the environment—risks that can be eliminated through the action finalized in the petition. ii. *Ensuring proper and safe disposal* . Granting the petition allows the United States to accept responsibility for the toxic waste it generates by assuring proper and safe disposal in domestic permitted disposal facilities. iii. *Ensuring the safety of Japanese citizens* . EPA considers the reduction of risk to Japanese citizens to be advantageous, especially in light of the heightened concerns over PCBs in that country and the sensitivities surrounding the U.S. military's presence in Japan. Granting the petition is the only practical mechanism to remove this waste from Japan. Otherwise the U.S. military is in the awkward position of explaining to its Japanese hosts that it cannot remove its own toxic waste from their country because U.S. law does not allow the waste to be sent to the United States. For these reasons EPA finds DLA has satisfied the exemption criteria of TSCA section 6(e)(3)(B) and is granting the petition. V. References 1. EPA, OPPT. Polychlorinated Biphenyls; Manufacturing (Import) Exemption. Proposed Rule. **Federal Register** (72 FR 21190, April 30, 2007) (FRL-8120-6). Available on-line at *http://www.epa.gov/fedrgstr* . 2. EPA, OPPT. Polychlorinated Biphenyls; Manufacturing (Import) Exemptions. Final Rule. OPPT-2002-0013. **Federal Register** (68 FR 4934, January 31, 2003) (FRL-7288-6). Available on-line at *http://www.epa.gov/fedrgstr* . 3. EPA, Office of Toxic Substances (OTS). Polychlorinated Biphenyls; Manufacturing, Processing, Distribution in Commerce Exemptions. Proposed Rule. OPTS-66008F. **Federal Register** (53 FR 32326, August 24, 1988). 4. DOD, DLA. Petition from Keith W. Lippert, Vice Admiral, SC, USN, Director to Stephen L. Johnson, Administrator, EPA. Subject: Petition to the Administrator, United Sates Environmental Protection Agency, For an Exemption Under the Toxic Substances Control Act to Import Polychlorinated Biphenyls
(PCB)and PCB Items for Disposal. July 21, 2005. 13 pp. with attachments. 5. DOD, DLA. Electronic mail dated November 2, 2006 from Miriam Alonso, Hazardous Programs, to Tom Simons, National Program Chemicals Division, OPPT, EPA. Subject: Updated Petition Data for EPA for petition submitted July 21, 2005. 2 pp. 6. EPA, OPPT. Disposal of Polychlorinated Biphenyls; Import for Disposal. Final Rule. **Federal Register** (61 FR 11096, March 18, 1996) (FRL-5354-8). Available on-line at *http://www.epa.gov/fedrgstr* . VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” subject to review by the Office of Management and Budget (OMB), because this action is not likely to result in a rule that meets any of the criteria for a “significant regulatory action” provided in section 3(f) of the Executive Order. B. Paperwork Reduction Act Pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. This final rule would not impose any new information collection burden. EPA is proposing to grant the petition by DLA to import PCBs for disposal. DLA is now subject to the existing EPA regulations regarding the disposal of PCBs in 40 CFR part 761. OMB has previously approved the information collection requirements contained in 40 CFR part 761 under the provisions of PRA, 44 U.S.C. 3501 *et seq* ., and has assigned OMB control numbers 2070-0003 (EPA ICR No. 1000.06), 2070-0008 (EPA ICR No. 1001.06), 2070-0011 (EPA ICR No. 1012.06), 2070-0021 (EPA ICR No. 0857.07), 2070-0112 (EPA ICR No. 1446.06), and 2070-0159 (EPA ICR No. 1729.02). Copies of these ICR documents may be obtained by mail at the Office of Environmental Information, Collection Strategies Division (2822), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, by e-mail at *auby.susan@epa.gov* or by calling
(202)566-1672. Copies may also be downloaded from the Internet at *http://www.epa.gov/icr* . Include the ICR and/or OMB numbers in any correspondence. As defined by PRA and 5 CFR 1230.3(b), “burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 *et seq* ., generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small government jurisdictions. For purposes of assessing the impacts of this final rule on small entities, small entity is defined as: 1. A small business that meets the Small Business Administration size standards codified at 13 CFR 121.201. 2. A small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000. 3. A small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field. After considering the impacts of this final rule on small entities, EPA certifies that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. EPA is granting this petition by DLA to import PCBs for disposal. Only DLA, which is not a small entity, is regulated by this final rule. D. Unfunded Mandates Reform Act Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, (UMRA), Public Law 104-4, EPA has determined that this final rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. EPA is granting a petition by DLA to import PCBs for disposal. DLA is required to comply with the existing regulations on PCB disposal at 40 CFR part 761. The only mandate that is imposed by this final rule is imposed on DLA. In addition, EPA has determined that this final rule would not significantly or uniquely affect small governments. The DLA petition states that the PCBs will be disposed of in PCB-approved facilities. No new facilities, which could affect small government resources if a permit is required, are contemplated. EPA believes that the disposal of PCBs in previously approved facilities in the amounts specified in this final rule would have little, if any, impact on small governments. Thus, this final rule is not subject to the requirements of UMRA sections 202, 203, 204, or 205. E. Executive Order 13132: Federalism This action will not have a substantial direct effect on 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, entitled *Federalism* (64 FR 43255, August 10, 1999). F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have tribal implications, as specified in Executive Order 13175. EPA’s final rule grants a petition from DLA to import PCBs and dispose of them in PCB-approved disposal facilities in accordance with existing regulations. EPA does not believe that this activity will have any impacts on the communities of Indian tribal governments. Thus, Executive Order 13175 does not apply to this final rule. G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997), applies to any rule that: 1. Is determined to be “economically significant” as defined under Executive Order 12866. 2. Concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to the Executive order because it is not economically significant as defined in Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. EPA is granting the petition from DLA to import PCBs and dispose of them in approved PCB disposal facilities in accordance with existing regulations. EPA believes that the import and disposal of the amount of PCBs specified in the exemption petitions will present little, if any, additional risk to persons living in the vicinity of the approved disposal facilities or in the communities through which the PCBs may be transported. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This final rule is not subject to Executive Order 13211, entitled *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355 (May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. The National Technology Transfer and Advancement Act This action does not involve any technical standards; therefore, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note), does not apply to this action. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). K. Executive Order 12630: Governmental Actions and Interference with Constitutionally Protected Property Rights EPA has complied with Executive Order 12630, entitled *Governmental Actions and Interference with Constitutionally Protected Property Rights* (53 FR 8859, March 15, 1988), by examining the takings implications of this final rule in accordance with the *Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings* issued under the Executive order. L. Executive Order 12988: Civil Justice Reform In issuing this final rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988, entitled *Civil Justice Reform* (61 FR 4729, February 7, 1996). VII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and 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). Lists of Subjects in 40 CFR Part 761 Environmental protection, Hazardous substances, Labeling, Polychlorinated biphenyls, Reporting and recordkeeping requirements. Dated: September 10, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. Therefore, 40 CFR chapter I is amended as follows: PART 761—[AMENDED] 1. The authority citation for part 761 continues to read as follows: Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616. 2. Section 761.80 is amended by adding a new paragraph
(j)to read as follows: § 761.80 Manufacturing, processing and distribution in commerce exemptions.
(j)The Administrator grants the United States Defense Logistics Agency's July 21, 2005 petition for an exemption for 1 year to import 1,328,482 pounds of PCBs and PCB items stored or in use in Japan as identified in its petition, as amended, for disposal. [FR Doc. E7-18345 Filed 9-17-07; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 401 [USCG-2006-24414] RIN 1625-AB05 Rates for Pilotage on the Great Lakes AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is finalizing the February 2007 interim rule, which updated rates for pilotage service on the Great Lakes by increasing rates an average of 22.62% across all three pilotage districts over the last ratemaking that was completed in April 2006. Annual reviews of pilotage rates are required by law to ensure that sufficient revenues are generated to cover the annual projected allowable expenses, target pilot compensation, and returns on investment of the pilot associations. DATES: This final rule is effective October 18, 2007. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2006-24414 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: For questions on this final rule, please call Mr. Michael Sakaio, Program Analyst, Office of Great Lakes Pilotage, Commandant (CG-3PWM), U.S. Coast Guard, at 202-372-1538, by fax 202-372-1929, or by email at *michael.sakaio@uscg.mil.* For questions on viewing or submitting material to the docket, call Renee V. Wright, Chief, Dockets, Department of Transportation, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Discussion of Comments and Changes III. Discussion of the Final Rule IV. Regulatory Evaluation I. Background The Great Lakes Pilotage Act of 1960, codified in Title 46, Chapter 93, of the United States Code (U.S.C.), requires foreign-flag vessels and U.S.-flag vessels in foreign trade to use Federal Great Lakes registered pilots while transiting the St. Lawrence Seaway and the Great Lakes system. 46 U.S.C. 9302, 9308. The Coast Guard is responsible for administering this pilotage program, which includes setting rates for pilotage service. 46 U.S.C. 9303. The Coast Guard pilotage regulations require annual reviews of pilotage rates and the creation of a new rate at least once every five years, or sooner, if annual reviews show a need. 46 CFR part 404. 46 U.S.C. 9303(f) requires these reviews and, where deemed appropriate, that adjustments be established by March 1 of every shipping season. To assist in calculating pilotage rates, the three Great Lakes pilotage associations are required to submit to the Coast Guard annual financial statements prepared by certified public accounting firms. In addition, every fifth year, in connection with the full ratemaking, the Coast Guard contracts with an independent accounting firm to conduct audits of the accounts and records of the pilotage associations and to submit financial reports relevant to the ratemaking process. In those years when a full ratemaking is conducted, the Coast Guard generates the pilotage rates using Appendix A to 46 CFR Part 404. Between the five-year full ratemaking intervals, the Coast Guard annually reviews the pilotage rates using Appendix C to 46 CFR Part 404, and adjusts rates as appropriate. The last full ratemaking was published in the **Federal Register** on April 3, 2006 (71 FR 16501). The first annual review following the 2006 ratemaking showed a need to adjust rates for the 2007 Great Lakes shipping season. That adjustment was the subject of a Notice of Proposed Rulemaking (“NPRM,” 71 FR 39629, Jul. 13, 2006), followed by an Interim Rule (72 FR 8115, Feb. 23, 2007; corrected at 72 FR 13352, Mar. 21, 2007) which took effect March 26, 2007. In addition to the public comments, we received on the NPRM, we invited comments on the interim rule. II. Discussion of Comments The Coast Guard received three comments in response to the interim rule. One comment was received from the legal representative of the pilot associations; one comment was received from the legal representative for the Shipping Federation of Canada; and one comment was received from the Saint Lawrence Seaway Pilots Association. A. *Comments Not Requiring Full Discussion.* Several comments raised issues that have either been fully addressed by the Coast Guard in the interim rule or in preceding rulemakings, or which are not relevant to the current rulemaking. These issues include the Coast Guard's pending action on Rear Admiral J. Timothy Riker's bridge hour standards report; whether delay and detention should be included in calculating bridge hours; the use of actual versus rounded bridge hours in projecting compensation; and whether the Coast Guard is correct in calculating pilot compensation by multiplying mates' wages by 150% and then adding benefits, as opposed to multiplying mates' wages and benefits by 150%. On this last point, one commenter took issue with our statement, in the interim rule, that in 2003 the District Court for the District of Columbia upheld our method of applying the 150% multiplier. This commenter remarked that a court ruling on this issue today might reach a different result in light of the “quantitative proof” that the Coast Guard's method is less successful than the commenter's preferred method in producing the outcome intended by Congress. We disagree. No such “quantitative proof ” data has been submitted to the docket for this rulemaking. Moreover, despite this commenter's statements to the contrary, we have fully and consistently explained the rationale for our method, most recently in the interim rule at 72 FR 8117. Finally, comments concerning surcharges are not relevant to this rulemaking inasmuch as no surcharges have been taken into consideration in establishing the current rate. In the 2006 ratemaking, we incorporated all surcharges that were determined reasonable and necessary for the provision of pilotage service into each pilot association's expense base, and terminated any further surcharges. No surcharges are currently authorized by the Coast Guard to be charged by the pilot associations and no future surcharges are contemplated. Persons interested in the Coast Guard's treatment of surcharges are referred to the 2006 ratemaking's final rule (71 FR 16501, Apr. 3, 2006). *B. Union Contracts.* One of the comments stated that the Coast Guard should consider using other union contracts, besides the American Maritime Officers'
(AMO)union contracts, in determining target pilot compensation. It mentioned two other maritime labor unions, the Marine Engineers' Beneficial Association
(MEBA)and the National Organization of Masters, Mates, and Pilots of North America (MMP). The comment further stated that “the Coast Guard has historically limited its review to AMO union contracts. However, the regulations require a review of all union contracts.” We agree that the Coast Guard, since the implementation of the Great Lakes Ratemaking Methodology in 1996, has consistently used the AMO union contracts in its computation of target pilot compensation. We disagree that the regulations require a review of all union contracts. 46 CFR part 404, Appendix A, states only that “the average annual compensation for first mates is determined based on the most current union contracts.” The Coast Guard has interpreted this language to mean contracts most representative of first mates sailing on laker vessels in the Great Lakes. We disagree with the commenter that MEBA and MMP contracts should be included in our computation of rates. Research leading to the publication of the interim rule shows that AMO union contracts represent 62% of all laker tonnage compared to non-AMO union contracts, which represent approximately 38% of the tonnage. We do not know the exact percentage of laker tonnage represented by MEBA or MMP. But even with their presence, or any other union's presence, the majority of the tonnage (62%) is represented by the AMO union contracts. Another commenter stated that the Coast Guard should use “only the most lucrative union contract in calculating target pilot compensation.” We disagree. As previously discussed, 46 CFR part 404, Appendix A, requires that the Coast Guard review “the most current contracts” in computing target pilot compensation and that is what we have done. Placing undue emphasis on a single “most lucrative” contract would inappropriately inflate compensation projections. *C. Magnitude of Rate Increase.* One comment stated the Coast Guard, by raising “pilotage rates 22.62% ... over the last rulemaking completed approximately one year ago, and just under 50% since 2005” had, by that fact alone, “breached its obligation to maintain a fair and efficient pilotage system and adhere to the statutory requirement to ensure that rates accurately reflect the costs of providing pilotage services under the Great Lakes Pilotage Act.” The Coast Guard disagrees. 46 U.S.C. 9303(f) states that the “Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services.” 46 CFR Part 404, Appendices A and C, set out two methodologies, which were themselves the product of public rulemaking, creating fair and impartial formulas for establishing those rates and charges for pilot services. The Coast Guard has meticulously adhered to these methodologies in the creation of the rates referred to by the commenter. This same commenter states that by switching to unrounded bridge hour projections in the interim rule, vice the rounded bridge hour projections used in the NPRM, rates actually increased by 7.2%, overall, instead of the 3% claimed by the Coast Guard. We disagree. As we stated in the preamble to the interim rule, this correction increased the rate by 3%. The remaining percentage increases are attributable to a 14.7% increase in wages and benefits under the most recent AMO union contracts, a 5% increase in projected traffic, and .5% to non-wage inflation. *D. Petition for Full Review.* One commenter petitioned the Coast Guard to perform a full review of pilotage rates, to include an independent audit of each pilot association's expense records and accounts pursuant to 46 CFR 404.1(b). That section requires that the Coast Guard perform such a review and audit at least once every five years. The last time the Coast Guard conducted such an audit was following the 2002 navigation season. Accordingly, the Coast Guard will, in the ordinary course, and consistent with the commenter's request, conduct a five year review and audit at the completion of the 2007 navigation season. III. Discussion of the Final Rule This final rule finalizes the interim rule's rates that Federal Great Lakes Registered Pilots may charge for the provision of pilotage services. Because this final rule changes none of the calculations or rates contained in the interim rule, we will not repeat the rate calculations or the regulatory evaluation contained in that document (72 IR 8115, Feb. 23, 2007). IV. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The interim rule published in February 2007 is unchanged for this final rule. The cost and population data contained in the interim analysis is also unchanged for this final rule. In addition, there were no comments on the evaluation of the interim rule published in February 2007. Consequently, we adopt the analysis from the interim rule, available in the preamble of the interim rule, for this final rule. This rule makes final the 22.62 percent average rate adjustment for the Great Lakes system over the rate adjustment found in the 2006 final rule. The annual cost of the rate adjustment in this rule to shippers is approximately $2.3 million (non-discounted). The total five-year present value cost estimate (2007-2011) of this rule to shippers is $10.2 million discounted at a seven percent discount rate and $11.0 million discounted at a three percent discount rate. We use a five-year cost estimate because the Coast Guard is required to determine and, if necessary, perform a full adjustment of Great Lakes pilotage rates every five years. A. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule has a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The analysis of the impact to small entities in the interim rule resulted in no small entities affected by this rule. Since we received no comments pertaining to small entities and the analysis has not changed, we adopt the interim analysis for this final rule. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule does not have a significant economic impact on a substantial number of U.S. small entities. B. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking. If the rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Mike Sakaio, Office of Great Lakes Pilotage, (CG-3PWM-2), U.S. Coast Guard, telephone 202-372-1538, or send him e-mail at *Michael.Sakaio@uscg.mil.* Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). C. Collection of Information Under the Paperwork Reduction Act of 1995, (44 U.S.C. 3501-3520), the Office of Management and Budget
(OMB)reviews each rule that contains a collection of information requirement to determine whether the practical value of the information is worth the burden imposed by its collection. Collection of information requirements include reporting, record keeping, notification, and other similar requirements. This rule calls for no new collection of information under the Paperwork Reduction Act. This rule does not change the burden in the collection currently approved by the Office of Management and Budget under OMB Control Number 1625-0086, Great Lakes Pilotage Methodology. D. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism because there are no similar State regulations, and the States do not have the authority to regulate and adjust rates for pilotage services in the Great Lakes system. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Taking of Private Property This rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. G. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. H. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. I. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. J. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. K. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. L. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). There are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(a), of the Instruction, from further environmental documentation. Paragraph 34(a) pertains to minor regulatory changes that are editorial or procedural in nature. This rule adjusts rates in accordance with applicable statutory and regulatory mandates. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . List of Subjects in 46 CFR Part 401 Administrative practice and procedure, Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping requirements, Seamen. For the reasons set forth in the preamble, the Coast Guard adopts as final without change the interim rule published at 72 FR 8115, February 23, 2007. Dated: September 10, 2007. J.G. Lantz, Acting Assistant Commandant for Prevention, U.S. Coast Guard. [FR Doc. E7-18306 Filed 9-17-07; 8:45 am] BILLING CODE 4910-15-P AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Parts 727, 742, and 752 RIN 0412-AA30 Miscellaneous Amendments to Acquisition Regulations (AIDAR Circular 2007-02) AGENCY: U.S. Agency for International Development. ACTION: Final Rule. SUMMARY: This final rule amends the USAID acquisition regulation to add two new parts and four new sections in existing parts of the regulation, as more fully discussed in the Supplementary Information. USAID proposed these amendments in the proposed rule published on November 4, 1998, as AIDAR Notice 98-2. DATES: *Effective Date:* October 18, 2007. FOR FURTHER INFORMATION CONTACT: M/OAA/P, Ms. Diane M. Howard, Room 7.08-31, 1300 Pennsylvania Ave., NW., U.S. Agency for International Development, Washington, DC 20523-7801. Telephone
(202)712-0206; Internet: *dhoward@usaid.gov.* SUPPLEMENTARY INFORMATION: A. Background AIDAR Notice 98-2 (63 FR 59501, November 4, 1998) proposed four separate items to amend the USAID Acquisition Regulations (48 CFR Chapter 7), or AIDAR. The AIDAR is USAID's supplement to the Federal Acquisition Regulation (48 CFR Chapter 1), the FAR. The following summarizes each item and the final action USAID is taking for each. 1. Item A of AIDAR Notice 98-2 proposed a new Part 712, specifically section 712.101, “Policy,” to address a potential conflict between an existing AIDAR clause, (48 CFR) 752.7008 “Use of Government Facilities or Personnel (APR 1984)” and the policy stated in (48 CFR) FAR Part 12. The latter states that the government will follow customary commercial practice when acquiring commercial items. The AIDAR clause prohibits the use of Government facilities or personnel in the performance of the contract. The AIDAR clause does not recognize situations in which the customary commercial practice may be for the purchaser to provide facilities or personnel to the vendor. At the time we proposed this new part, we considered the possibility that USAID may provide Government facilities, such as office space and equipment, to contractor employees providing commercial services such as IT support or secretarial/clerical services in USAID facilities. If commercial clients typically provide facilities and equipment for vendors providing similar services in the private sector, then that customary commercial practice would be inconsistent with the policy stated in (48 CFR) AIDAR 752.7008. The proposed part 712 would have required the contracting officer to comply with customary commercial practice unless he or she obtains a waiver in accordance with (48 CFR) FAR 12.302. However, the Agency received no comments on this proposed rule and we have no indication that if providing facilities and equipment is a common commercial practice, it has ever been a problem in a USAID commercial contract. Therefore, we are withdrawing the proposed new part. 2. Item B of the Notice proposed removing (48 CFR) Chapter 7 (AIDAR) Appendix I, “USAID's Academic Publication Policy” and adding a new part 727 and subpart 727.4 “Rights in Data and Copyrights.” The intent of this item of the proposed rule was to address four issues:
(1)To make the clause at (48 CFR) FAR 52.227-14, “Rights in Data—General” apply to USAID's contracts performed overseas and awarded to U.S. organizations,
(2)to provide an alternate paragraph to add to this FAR clause to reserve USAID's right to restrict release of data when release may have a negative impact on the Government's development or diplomatic relationship with the cooperating country,
(3)to provide guidance on Rights in Data coverage for overseas contracts with non-U.S. entities, and
(4)to incorporate some of the policies and procedures in Appendix I that would be removed with the Appendix but that should be retained, as being in the Agency's best interests. We are withdrawing the parts of Item B that affected Appendix I and retaining the current (48 CFR) Chapter 7, Appendix I in its present form. USAID is developing a separate internal policy and regulation on intellectual property. If this policy and regulation affects USAID contracts, we will determine how the AIDAR should implement it and take the appropriate action at that time. We are, however, finalizing other sections of the proposed (48 CFR) subpart 727.4, but we are amending the language from what appeared in the proposed rule. The only commenter on the proposed rule pointed out several instances where the wording was unclear about the intent of the proposed revision, so we have clarified the wording to address this comment. We are finalizing the new subpart to address certain FAR requirements that must be met in order for USAID to place limits on release of data under our contracts, as originally explained in the Supplementary Information in the proposed rule. First, 48 CFR
(FAR)§ 27.404(g)(3) states, “* * * agencies may, to the extent provided in their FAR supplements, place limitations or restrictions on the contractor's right to use, release to others, reproduce, distribute, or publish any data first produced in the performance of the contract, including a requirement to assign copyright to the Government or another party, either by adding a paragraph (d)(3) to the Rights in Data—General clause at 52.227-14, or by express limitations or restrictions in the contract.” Pursuant to (48 CFR) 27.404(g)(3), the final rule also includes new language, at (48 CFR) 727.404(g) and (48 CFR) 752.227-14(d)(3), under which USAID asserts the right to require contractors to assign copyright to the Government or another party. USAID contracting officers will only assert such a right in accordance with the principles as stated in (48 CFR) 27.402. Second, the prescription for the FAR Rights in Data—General clause (48 CFR 52.227-14) does not require its use in contracts “to be performed outside the United States, its possessions, and Puerto Rico, in which cases agencies may prescribe different clauses (see paragraph
(n)of this section.” 48 CFR 27.409(a)(1)(ii). Paragraph
(n)states, “Agencies may prescribe in their procedures, as appropriate, a clause consistent with the policy of 27.402 in contracts to be performed outside the United States, its possessions, and Puerto Rico.” 48 CFR 27.409(n). Most USAID contracts are, in fact, performed overseas. USAID's FAR supplement, the AIDAR, does not address either of these requirements. The proposed rule's new subpart, (48 CFR) 727.4, was intended to address these deficiencies in the AIDAR. The commenter pointed out that the wording of the proposed (48 CFR) 727.409(a) appeared to restrict USAID contracting officers to using only (48 CFR) FAR 52.227-14, even if another clause, such as (48 CFR) FAR 52.227-17 “Rights in Data—Special Works,” may apply. Since the proposed rule's intent was not to impose this kind of limitation, § 727.409 in the final rule more clearly states that contracting officers are to use whichever FAR “Rights in Data” clause best applies. The prescriptions in the proposed rule also made distinctions between U.S. entities and non-U.S. entities, in that the proposed rule authorized contracting officers to adapt the FAR clause as necessary in contracts with the latter and performed overseas, to comply with applicable laws in the country of performance. The final rule removes any distinctions between U.S. entities and non-U.S. entities, and applies the FAR prescriptions to all contracts. The final rule constitutes Agency procedures pursuant to (48 CFR) FAR 27.409(n). When the contracting officer incorporates (48 CFR) FAR 52.227-14, and if release, reproduction, distribution, or publication of data first produced or specifically used by the contractor may be sensitive to U.S. Government relations with the cooperating country, the new subpart also prescribes an AIDAR clause contracting officers must use. This new clause, at (48 CFR) 752.227-14, replaces the FAR clause's paragraph
(d)and requires contracting officer approval before the contractor may release or reproduce such data. 3. Item C proposed a new section (48 CFR) 742.1170, “Performance monitoring and progress reporting” and clause at (48 CFR) 752.242-70, entitled “Periodic Progress Reports.” As explained in the supplementary information in the proposed rule, the purpose of the proposed sections was to provide USAID cognizant technical officers
(CTOs)with a means to tailor contractors' progress reporting requirements so that the CTOs can best ensure that contractors are performing in accordance with the contract's requirements and achieving planned results. These AIDAR sections supplement (48 CFR) FAR Subpart 42.11 and internal Agency policies and procedures for monitoring the results of our implementing partners. The Agency implemented these new sections after approving a class deviation to the AIDAR, through issuance of an internal directive, a Contract Information Bulletin
(CIB)98-21, “Contractor Progress Reports—New AIDAR Coverage,” on August 12, 1998. Since then, we have identified some areas where the language can be improved for clarity. We also received several comments on this item of the proposed rule, so this final rule includes a few non-substantive wording changes from the proposed rule. One non-substantive comment asked that we ensure that the language in § 742.1170 and the clause at § 752.242-70 are consistent with each other and that the clause itself clearly states the Government's rights. Another commenter pointed out that in § 742.1170-4(b), the cognizant technical officer must advise the contracting officer of any “required” action, and recommended changing “required” to “recommended” to be consistent with the next sentence. We agree with this recommendation. The same commenter went on to point out that in the same section, the cognizant technical officer must provide recommendations to the contracting officer in sufficient time for the contracting officer to take necessary action, but the regulation doesn't include a definition of what is a reasonable timeframe, and recommended that we add a definition. We are including additional language to establish a typical (but non-binding) timeframe. In the same sentence, we also changed “necessary” to “appropriate” to more accurately reflect the nature of the kinds of recommendations that are likely to result from this report (the last sentence of this section makes clear that the contractor must comply with other notification requirements in the contract). Finally, the same commenter recommended adding language to paragraph
(b)in the new clause at § 752.242-70 to make clear that any withholding due to contractor delay in furnishing a progress report also ends when the contractor submits the report. We accept this recommendation. Because none of these changes are substantive, we are finalizing the rule with minor editorial changes reflecting the above comments, as well as other minor changes from passive to active voice and for clarity. 4. Item D proposed revisions to (48 CFR) § 752.232-7, “Payments under Time-and-Materials and Labor-Hour Contracts.” The current version of this AIDAR clause is a preamble to the FAR clause of the same name, at (48 CFR) § 52.232-7. We proposed to revise the AIDAR section to
(a)clarify certain terms used in the FAR clause and
(b)revise the clause to allow for a different withholding methodology than the FAR clause at the time allowed. Task orders were and continue to be issued by USAID contracting officers around the world and are paid by paying offices also located around the world. Because the Agency's financial management and contracting systems at that time were not able to easily support the coordinated tracking of cumulative withholdings per contract among several task order contracting officers and their respective paying offices, we determined that a new withholding methodology was in the Agency's best interests. The new methodology proposed limited the withholding to one percent per task order up to a maximum of $50,000 per task order, but with no limit for the basic contract. We received no comments about this proposed revision during the comment period, but we have received comments about the ambiguity of the existing AIDAR clause, both before and after we published the proposed rule. The corresponding section of the FAR, (48 CFR) 52.232-7 was revised in August 2005 (Federal Acquisition Circular 2005-05, 70 FR 43580, Item III “Payment Withholding”). After considering the discussion in the supplementary information for this Item of FAC 2005-05, we concluded that the need for withholding per task order is no longer necessary. Any withholding should be the exception, not the rule, and done only when the contracting officer must take this step to protect the Government's interests. Also, the Agency has a worldwide financial management system and is in the process of acquiring a new contracting system, and these systems are better able to track withholding at the contract level, regardless of where task orders are issued or paid. For these reasons, we determined this item in the proposed rule to be unnecessary. Further, we now consider the existing AIDAR section to be unnecessary as a supplementary preamble to the FAR clause, since the prescription for the FAR clause addresses how USAID has traditionally used this clause for payments under time-and-material and labor-hour contracts. We are therefore removing the existing AIDAR clause through this final rule. B. Regulatory Planning and Review This is not a significant regulatory action and, therefore, is subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act The U.S. Agency for International Development certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the rule does not impose any costs on either small or large businesses; therefore, an Initial Regulatory Flexibility Analysis has not been performed. This final rule revises (48 CFR) AIDAR parts 712, 727, 742, and 752 to require contracting officers to comply with customary commercial practice or to obtain a waiver pursuant to (48 CFR) FAR Part 12 in order to prohibit contractors from using government facilities or personnel in a commercial services contract; allows contracting officers to require contractors to obtain contracting officer approval before releasing or publishing data first produced in the performance of the contract, if the release or publication may have a negative effect on the Government's development objectives or diplomatic relationship with the cooperating country; and to specify progress reporting requirements in contracts. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the AIDAR do not impose any additional information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* AIDAR Subpart 742 and the clause at § 752.242-70 supplement the progress reporting requirements already included in (48 CFR) FAR Subpart 42.11 and are consistent with any information collection requirements in the FAR. List of Subjects, in 48 CFR Parts 727, 742, and 752. Government procurement. For the reasons set forth in the Preamble, 48 CFR Chapter 7 is amended as set forth below. 1. Add part 727 to subchapter E to read as follows: PART 727—PATENTS, DATA, AND COPYRIGHTS Subpart 727.4—Rights in Data and Copyrights Sec. 727.404 Basic Rights in Data Clause. 727.409 Solicitation provisions and contract clauses. Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. Subpart 727.4—Rights in Data and Copyrights 727.404 Basic Rights in Data Clause.
(a)through
(f)[Reserved]
(g)When the contract includes a requirement for the contractor to assign copyright to the government or another party, the contracting officer shall incorporate (48 CFR) 752.227-14 and/or include an express limitation or restriction in the contract. USAID contracting officers will assert such a right in limited circumstances in accordance with the principles as stated in (48 CFR) 27.402. 727.409 Solicitation provisions and contract clauses.
(a)When the contracting officer incorporates (48 CFR) FAR 52.227-14, and if the release or publication of data first produced in the performance of the contract may be sensitive to U.S. Government relations with the cooperating country, the contracting officer must use the clause at (48 CFR) 752.227-14.
(b)through
(m)[Reserved]
(n)The prescriptions for provisions and clauses in (48 CFR) FAR 27.409 apply to all USAID contracts regardless of place of performance. PART 742—CONTRACT ADMINISTRATION 2. The authority citation for part 742 continues to read as follows: Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. 3. Add subpart 742.11 to read as follows: Subpart 742.11—Production, Surveillance, and Reporting Sec. 742.1170 Performance monitoring and progress reporting. 742.1170-1 General. 742.1170-2 Applicability. 742.1170-3 Policy. 742.1170-4 Progress reporting requirements and contract clause. Subpart 742.11—Production, Surveillance, and Reporting 742.1170 Performance monitoring and progress reporting. 742.1170-1 General. Performance monitoring is a function of contract administration used to determine contractor progress towards achieving the goals and objectives of the contract and to identify any factors that may delay or prevent the accomplishment of those goals and objectives. Performance monitoring requires USAID personnel, particularly the cognizant technical officer, to maintain adequate knowledge of the contractor's activities and progress in order to ensure that USAID's objectives, as stated in the contract's Statement of Work, will be achieved. 742.1170-2 Applicability.
(a)This section applies to USAID non-personal, professional/technical services contracts exceeding the simplified acquisition threshold, but may be applied to other USAID contracts, if the contracting officer and requiring office determine that doing so is in the best interests of the Agency. The contracting officer must ensure that this determination is documented in the contract file. This section does not apply to personal services contracts.
(b)The underlying principles of FAR 48 CFR subpart 42.11 apply to USAID contracts and are inherent to this section. However, not all of the specific requirements and terminology in FAR 48 CFR subpart 42.11 are compatible with the types of technical assistance contracts usually awarded by USAID. Therefore, this section 742.1170 applies when the requirements of FAR 48 CFR subpart 42.11 do not meet USAID requirements or are otherwise not appropriate.
(c)The progress reports discussed in this section are separate from the performance evaluation reports prepared in accordance with FAR 48 CFR subpart 42.15 and internal Agency procedures, although they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance. Furthermore, the policies, procedures, and limitations of this section do not apply to technical reports, studies, papers, etc., the acquisition of which may be part of or even the sole purpose of the contract. 742.1170-3 Policy.
(a)The contractor is responsible for timely contract performance. Performance monitoring by USAID does not obviate this responsibility.
(b)The requiring office, particularly the cognizant technical officer and the contracting officer, will determine how to monitor the contractor's performance to protect the Government's interests, by considering:
(1)The contract requirements for reporting progress;
(2)The contract performance schedule;
(3)The contractor's implementation plan or workplan;
(4)The contractor's history of contract performance;
(5)The contractor's experience with the services or supplies being provided under the contract;
(6)The contractor's financial capability;
(7)Any other factors the requiring office, particularly the cognizant technical officer and the contracting officer, considers appropriate and necessary to adequately monitor contractor performance (for example, the day-to-day working proximity of the cognizant technical officer or contracting officer to the contractor's place of performance).
(c)In monitoring contractor performance, the requiring office (particularly the cognizant technical officer and contracting officer) must utilize any of the contractor's existing systems or processes for monitoring progress, provided that doing so is not contrary to the terms of the contract. The requiring officer or cognizant technical officer must not require anything from the contractor that is outside the scope or terms of the contract or may result in claims of waivers, of changes, or of other contract modifications. Further, progress reports shall not require information already available from other sources. 742.1170-4 Progress reporting requirements and contract clause.
(a)When the requiring office needs information on contract performance status on a regular basis, the contracting officer may require the contractor to submit periodic progress reports, tailored to address specific contract requirements but limited to only that information essential to USAID's needs in monitoring the contractor's progress.
(b)Because the cognizant technical officer is the individual most familiar with the contractor's performance, the contractor must submit the progress reports directly to the cognizant technical officer. The cognizant technical officer must review the reports and advise the contracting officer, in writing, of any recommended action, including any action needed to address potential or actual delays in performance. The cognizant technical officer must so advise the contracting officer in sufficient time, typically thirty days, for him or her to take any action that the contracting officer determines is appropriate. The requirements of this paragraph do not relieve the contractor of notification requirements identified elsewhere in the contract.
(c)The contracting officer must insert the clause at 752.242-70, Periodic Progress Reports, in solicitations and contracts that require progress reporting, as specified in this section. The contracting officer must include specific reporting instructions in the Schedule. PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. The authority citation for Part 752 continues to read as follows: Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. 5. Add section 752.227-14 to read as follows: 752.227-14 Rights in Data—General. As prescribed in 727.409(b), insert the following clause: Rights in Data— General (OCT 2007) The following paragraph
(d)replaces paragraph
(d)of (48 CFR) FAR 52.227-14 Rights in Data—General.
(d)Release, publication and use of data.
(1)For all data first produced or specifically used by the Contractor in the performance of this contract in the United States, its territories, or Puerto Rico, the Contractor shall have the right to use, release to others, reproduce, distribute, or publish such data, except to the extent such data may be subject to the Federal export control or national security laws or regulations, or unless otherwise provided in this paragraph of this clause or expressly set forth in this contract [see paragraph (d)(3) for limitations on contracts performed outside of the US].
(2)The Contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the Contracting Officer.
(3)For all data first produced or specifically used by the Contractor in the overseas performance of this contract, the Contractor shall not release, reproduce, distribute, or publish such data without the written permission of the Contracting Officer. The government also may require the contractor to assign copyright to the government or another party as circumstances warrant or as specifically stated elsewhere in the contract. 752.232-7 [Removed] 6. Remove section 752.232-7. 7. Add section 752.242-70 to read as follows: 752.242-70 Periodic progress reports. As prescribed in 742.1170-3(c), insert the following clause in contracts for which periodic progress reports are required from the contractor. The term “contract” shall be interpreted as “task order” or “delivery order” when this clause is used in an indefinite-delivery contract. Periodic Progress Reports (OCT 2007)
(a)The contractor shall prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.
(b)During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contractor submits the report or the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress. Lynn Kopala, Acting Procurement Executive. [FR Doc. E7-18234 Filed 9-17-07; 8:45 am] BILLING CODE 6116-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No.070830493-7496-01; I.D. 082806B] RIN 0648-AV95 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. SUMMARY: NMFS announces corrections to Federal regulations for the West Coast groundfish fishery. This action corrects the latitude/longitude coordinates for the Salmon Troll and South Coast Recreational Yelloweye Rockfish Conservation Areas
(RCAs)so that they are published in the proper sequence. This action correctly announces the 2007 tribal allocation amount of Pacific whiting. This action clarifies the application of the Ocean Salmon Conservation Zone in the Pacific whiting fishery. This action corrects some coordinates of the depth contour line approximations that are used to define the RCAs. This action is intended to eliminate any confusion for the public that may have occurred as a result of prior incorrect NMFS publications. DATES: Effective September 18, 2007. Comments on this rule will be accepted through October 18, 2007. ADDRESSES: You may submit comments, identified by 0648-AV95 by any of the following methods: • E-mail: *Correction.nwr@noaa.gov* . Include 0648-AV95 in the subject line of the message. • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Fax: 206-526-6736, Attn: Gretchen Arentzen • Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Gretchen Arentzen. FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region, NMFS), phone: 206-526-6147; fax: 206-526-6736 and; e-mail: *gretchen.arentzen@noaa.gov* . SUPPLEMENTARY INFORMATION: Electronic Access This final rule also is accessible via the Internet at the Office of the Federal Register's website at *http://www.gpoaccess.gov/fr/index.html* . Background information and documents are available at the website of the Pacific Fishery Management Council (Council) at *http://www.pcouncil.org* . Background The Pacific Coast Groundfish FMP and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subpart G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. Groundfish specifications and management measures are developed by the Pacific Fishery Management Council (Council), and are implemented by NMFS. On September 29, 2006, NMFS published a proposed rule (71 FR 57764) to implement Amendment 16-4 to the Pacific Coast Groundfish FMP and to establish the 2007-2008 harvest specifications and management measures for groundfish taken in the EEZ off the coasts of Washington, Oregon, and California. NMFS accepted public comment on the proposed rule and responded to these comments in the preamble to the final rule, which published in the **Federal Register** on December 29, 2006 (71 FR 78638). The 2007-2008 groundfish harvest specifications and management measures added a new potential closed area, the Ocean Salmon Conservation Zone (OSCZ), in the whiting fishery that could be implemented inseason through automatic action. Regulations at § 660.373(c)(3) define the OSCZ as a closed area applying to the whiting fishery; however, it does not state in this part that the OSCZ is closed only through automatic action when NMFS projects the whiting fishery may take in excess of 11,000 Chinook salmon within a calendar year. The process for implementation of this closed area is properly described in § 660.370(d). A cross-reference to this automatic action section is added to the whiting regulations defining the OSCZ to clarify that the OSCZ is only closed after NMFS initiates an automatic management action to implement this closed area based on the projected take of Chinook salmon. A range of Pacific whiting (whiting) harvest specifications and management measures was adopted in the 2007-2008 harvest specifications and management measures for groundfish, and final 2007 specifications and management measures for whiting were adopted in March 2007. NMFS published a final rule establishing the 2007 whiting harvest specifications and management measures on April 18, 2007 (72 FR 19390), which included the level of the acceptable biological catch (ABC), optimum yield (OY), tribal allocation, and allocations for the nontribal commercial whiting sectors. The final 2007 tribal allocation was set according to an abundance-based sliding scale method, where the tribal allocation varies with the U.S. whiting optimum yield
(OY)ranging from 14 percent (or less) of the U.S. OY when OY levels are above 250,000 mt, to 17.5 percent of the U.S. OY when the OY level is at or below 145,000 mt. NMFS had explained this method in the preamble to the proposed rule for the 2007-2008 groundfish harvest specifications and management measures. The tribal allocation was correctly expressed in the preamble to that final rule as 32,500 mt, however NMFS did not publish that amount in § 660.385(e), leaving the outdated 2006 tribal whiting allocation of 35,000 mt in current regulations. This rule corrects 660.385(e) by inserting the 2007 tribal allocation. The preambles to the proposed and final rules for the 2007-2008 groundfish harvest specifications and management measures described the Yelloweye Rockfish Conservation Areas (YRCAs), closed areas intended to protect overfished species; however, the regulatory text published the latitude and longitude coordinates defining the Salmon Troll YRCA and the South Coast Recreational YRCA in the incorrect sequence, resulting in closed areas that are not the same size or shape as those analyzed by NMFS, recommended by the Council, and discussed in the preamble to the final rule. This correction re-publishes the YRCA latitude and longitude coordinates in the correct sequence to form the closed areas intended to protect yelloweye rockfish. The 2007-2008 groundfish harvest specifications and management measures added a new Rockfish Conservation Area
(RCA)boundary line approximating the 180-fm (32-m) depth contour off California with modifications to allow fishing for petrale sole. After publication of the proposed rule, the state of California requested adjustments to the latitude and longitude coordinates defining the petrale-modified 180-fm (329-m) boundary line to eliminate cross-overs with other neighboring boundary lines and to be consistent with boundaries of groundfish essential fish habitat closed areas off California. However, these changes from the proposed rule were not made and the original incorrect coordinates were published in the final rule for the 2007-2008 groundfish harvest specifications and management measures. This correction publishes the latitude and longitude coordinates defining the petrale-modified 180-fm (329-m) boundary line at § 660.394(f) that the state of California proposed and the Council recommended. The 2007-2008 groundfish harvest specifications and management measures revised coordinates defining the RCA boundary line approximating the petrale-modified 250-fm (457-m) depth contour to eliminate cross-overs with neighboring RCA boundary lines. Coordinates defining this RCA boundary line, published at § 660.394(r), contained errors off the Washington coast and were published with these errors in both the proposed and final rule. The errors in the coordinates defining the RCA boundary line were introduced when transferring the latitude and longitude coordinates into the format necessary for publication in the **Federal Register** and eliminated a portion of petrale sole fishing grounds and opened an area of known rockfish abundance. This correction publishes the latitude and longitude coordinates defining the petrale-modified 250-fm (457-m) boundary line at § 660.394(r) that the state of Washington proposed and the Council recommended. Classification The Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement to provide prior notice and opportunity for public comment on this action pursuant to 5 U.S.C. 553(b)(B); providing prior notice and opportunity for comment would be unnecessary and contrary to the public interest. This correction document revises § 660.373(c)(3) of the CFR so that the description of the OSCZ is consistent with the automatic action regulations, at § 660.370(d), for implementing the OSCZ. Allowing inconsistencies to remain in the **Federal Register** would be contrary to the public interest. It would leave language in the CFR that implies that a permanent closure is in place, even though the closure only exists if it is implemented through automatic management action. This automatic action will be taken when NMFS projects that the whiting fishery may take in excess of 11,000 Chinook salmon within a calendar year. The OSCZ was analyzed in the 2007-2008 groundfish specifications and management measures environmental impact statement, and is clearly described in the preambles to the proposed and final rules (71 FR 57764, 71 FR 78638) as a closure that NMFS can implement for the whiting fishery if Chinook salmon take is anticipated to exceed acceptable levels. Prior notice and opportunity for comment was provided earlier because both the EIS and the proposed rule were made available for public comment, and no comments were received pertaining to the application of the OSCZ. Also, this correction clarifies language at § 660.373(c)(3) to make it consistent with existing regulations at § 660.370(d) and does not change the intent, meaning, or application of the OSCZ closure. Leaving inconsistencies in the regulatory language is contrary to the public interest because it is confusing to the public and would leave language in the CFR that implies that a permanent closure is in place, even though the closure only exists if it is implemented through automatic management action; therefore, NOAA finds good cause to waive prior notice and opportunity for public comment. This correction document revises § 660.385(e) of the CFR so that the 2007 tribal allocation of Pacific whiting is consistent with the allocation proposed by the tribal representative on the Council, recommended by the Council and that NMFS intended to implement. This correction implements an action that has already been made available for public review and comment in the preamble to the whiting ABC/OY final rule (71 FR 19390). By implementing the correct tribal allocation, NMFS is implementing the 2007 tribal whiting allocation determined by the methodology described in the preamble to the 2007-2008 harvest specifications and management measures proposed rule, and listed in the preamble to the whiting ABC/OY final rule, which was based on recommendations from the Makah tribe and the Council. The numerical allocation, however, was not changed in the regulatory text, so the 2006 tribal allocation is still listed in the CFR rather than the 2007 allocation. The interested public is aware of the current 2007 tribal whiting allocation. The Makah tribe is aware of the appropriate 2007 tribal whiting allocation and plans to stay within the 2007 allocation which they proposed; therefore, prior notice and opportunity for public comment is unnecessary. This correction document revises § 660.390(c) and
(d)of the CFR so that coordinates for the Salmon Troll and South Coast Recreational Yelloweye Rockfish Conservation Areas (YRCAs) are listed in the correct sequence to form rectangular closed areas. Each of these closed areas is defined by four coordinate points. If coordinates are connected in the sequence listed prior to this correction, they form bowtie shaped polygons that close approximately half of the area of the rectangular closed areas. When these points are connected in the correct sequence, they form rectangular closed areas, as illustrated in the EIS, described in the preamble to the final rule, recommended by the Council, and approved by NMFS for this action. A public notice and comment period was available for the EIS and final rule, and no comments were received pertaining to the proposed rectangular shape of the YRCAs. The YRCAs are designed to prevent the incidental catch of yelloweye rockfish, an overfished groundfish species that co-occurs with other, more abundant groundfish stocks. Allowing the YRCA coordinates to remain in § 660.390 in the incorrect sequence actually allows, rather than prevents, fishing in areas of yelloweye rockfish abundance, which is contrary to the public interest. The yelloweye OY is very low so that if even a small amount of excess incidental catch of yelloweye rockfish were to occur, all of the commercial and recreational hook-and-line groundfish fisheries north of Cape Mendocino, California, fisheries that take yelloweye incidentally, would have to be restricted or closed early to ensure that the 2007 yelloweye rockfish OY is not exceeded. Such restrictions and/or closures could be expected to ultimately result in significant revenue and job losses in coastal communities. By implementing these corrections as early as possible in the 2007 fishery, NMFS is implementing the YRCAs it had described in the preambles to the proposed and final rules for this action, based on recommendations from the Council. This correction is intended to ensure that yelloweye rockfish catch is kept within its allowable harvest levels, so that NMFS may meet its obligations under the Magnuson-Stevens Act to rebuild overfished stocks and to achieve the optimum yield from the fishery. Delay in publication of this rule could cause NMFS to fail to meet these obligations and would be contrary to the public interest. This correction document revises § 660.394(f) and
(r)of the CFR so that coordinates for the petrale-modified 180-fm (329-m) boundary line and the petrale-modified 250-fm (457-m) boundary line are published correctly to protect overfished species while allowing targeting opportunities for more abundant species. The state of California recommended revising the petrale-modified 180-fm (329-m) boundary line after NMFS had published it in the proposed rule, to improve consistency with the boundaries of other neighboring area restrictions, including essential fish habitat closed areas. These changes, however, were not included in the final rule. These modifications change some latitude and longitude coordinates, and remove some coordinate points; however, the corrected line is similar to the line that was published in the preambles to the proposed and final rule. For clarity, the petrale-modified 180-fm (329-m) boundary line is re-published in its entirety in this correction. Providing prior notice and opportunity for public comment would be contrary to the public interest, as it would allow regulations to remain in the CFR that are confusing due to inconsistencies and overlaps between the groundfish RCA and other area restrictions, including essential fish habitat closed areas. The petrale-modified 250-fm (457-m) boundary line was published in the proposed and final rule with 13 incorrect latitude and longitude coordinates in the portion of the line that lies off the northern Washington coast, south of Cape Alava. These incorrect coordinates moved the depth contour approximation shoreward into shallower waters, with one coordinate bringing the 250-fm (457-m) line to a depth shallower than 70-fm (128-m) which produces an irrational result. Providing prior notice and opportunity for public comment would be contrary to the public interest because allowing the incorrect coordinates to remain in the CFR would allow fishing in an area of shallow water seaward of the RCA, at depths associated with high occurrence of overfished species. Restricting fishing in areas where overfished species are found is one of the primary tools available for keeping fishing mortality of overfished species within the optimum yields. Allowing the incorrect RCA boundary lines to remain in § 660.394 would be contrary to the public interest as it allows, rather than prevents, fishing in areas of overfished rockfish abundance, thereby undermining the intent of the rule. Furthermore, it would create confusion due to inconsistencies between the coordinates published in the **Federal Register** and coordinates available on the NMFS Northwest Region website for use in navigation software. If excessive incidental catch of overfished rockfish species were to occur, commercial and recreational groundfish fisheries that take overfished groundfish species incidentally would have to be restricted and possibly be closed early to ensure that the 2007 OYs for overfished rockfish species would not be exceeded. Such restrictions and/or closures could be expected to ultimately result in significant revenue and job losses in coastal communities. Providing prior notice and opportunity for public comment is contrary to the public interest because delay in implementation of this correction could result in excess harvest of overfished species that are found in the area that should be closed, which could result in exceeding the rebuilding targets, premature closure of the fishery, or both. This would prevent NMFS from meeting its obligations to rebuild overfished species or manage the fishery to achieve optimum yield. For the reasons discussed above, good cause also exists to waive the 30 day delay in effectiveness requirement under 5 U.S.C. 553 (d)(3). List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian fisheries. Dated: September 12, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For reasons explained in the preamble, 50 CFR part 660 is corrected by making the following correcting amendments: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 660.373, paragraph (c)(3) is revised to read as follows: § 660.373 Pacific whiting (whiting) fishery management.
(c)* * *
(3)*Ocean Salmon Conservation Zone.* All waters shoreward of a boundary line approximating the 100 fm (183 m) depth contour. Latitude and longitude coordinates defining the boundary line approximating the 100 fm (183 m) depth contour are provided at § 660.393(a). This closure will be implemented through automatic action, defined at 660.370(d), when NMFS projects the Pacific whiting fishery may take in excess of 11,000 Chinook within a calendar year. 3. In § 660.385, paragraph
(e)is revised to read as follows: § 660.385 Washington coastal tribal fisheries management measures.
(e)*Pacific whiting.* The tribal allocation is 32,500 mt. 4. In § 660.390, paragraphs (c)(3) and (4), and (d)(3) and
(4)are revised to read as follows: § 660.390 Groundfish conservation areas.
(c)* * *
(3)48°02.00′ N. lat., 125°16.50′ W. long.;
(4)48°00.00′ N. lat., 125°16.50′ W. long.; and connecting back to 48°00.00′ N. lat., 125°14.00′ W. long.
(d)* * *
(3)46°55.00′ N. lat., 124°49.00′ W. long.;
(4)46°58.00′ N. lat., 124°49.00′ W. long.; and connecting back to 46°58.00′ N. lat., 124°48.00′ W. long. 5. In § 660.394, paragraphs (f), and (r)(6) through
(18)are revised to read as follows: § 660.394 Latitude/longitude coordinates defining the 180 fm (329 m) through 250 fm (457 m) depth contours.
(f)The 180 fm (329 m) depth contour between 42° N. lat. and the U.S. border with Mexico, modified to allow fishing in petrale sole areas, is defined by straight lines connecting all of the following points in the order stated:
(1)42°00.00′ N. lat., 124°36.37′ W. long.;
(2)41°47.79′ N. lat., 124°29.48′ W. long.;
(3)41°21.16′ N. lat., 124°28.97′ W. long.;
(4)41°11.30′ N. lat., 124°22.86′ W. long.;
(5)41°06.51′ N. lat., 124°23.07′ W. long.;
(6)40°55.20′ N. lat., 124°27.46′ W. long.;
(7)40°53.95′ N. lat., 124°26.04′ W. long.;
(8)40°49.96′ N. lat., 124°26.04′ W. long.;
(9)40°44.49′ N. lat., 124°30.81′ W. long.;
(10)40°40.58′ N. lat., 124°32.05′ W. long.;
(11)40°38.82′ N. lat., 124°29.45′ W. long.;
(12)40°35.65′ N. lat., 124°30.34′ W. long.;
(13)40°37.39′ N. lat., 124°37.00′ W. long.;
(14)40°36.03′ N. lat., 124°39.97′ W. long.;
(15)40°31.42′ N. lat., 124°40.85′ W. long.;
(16)40°30.00′ N. lat., 124°37.12′ W. long.;
(17)40°27.36′ N. lat., 124°37.14′ W. long.;
(18)40°24.81′ N. lat., 124°35.82′ W. long.;
(19)40°22.45′ N. lat., 124°30.94′ W. long.;
(20)40°14.00′ N. lat., 124°32.90′ W. long.;
(21)40°10.00′ N. lat., 124°23.56′ W. long.;
(22)40°06.67′ N. lat., 124°19.08′ W. long.;
(23)40°08.10′ N. lat., 124°16.71′ W. long.;
(24)40°05.90′ N. lat., 124°17.77′ W. long.;
(25)40°02.80′ N. lat., 124°16.28′ W. long.;
(26)40°01.98′ N. lat., 124°12.99′ W. long.;
(27)40°01.52′ N. lat., 124°09.83′ W. long.;
(28)39°58.55′ N. lat., 124°12.32′ W. long.;
(29)39°55.74′ N. lat., 124°07.37′ W. long.;
(30)39°42.78′ N. lat., 124°02.11′ W. long.;
(31)39°34.76′ N. lat., 123°58.51′ W. long.;
(32)39°34.22′ N. lat., 123°56.82′ W. long.;
(33)39°32.98′ N. lat., 123°56.43′ W. long.;
(34)39°32.14′ N. lat., 123°58.83′ W. long.;
(35)39°07.79′ N. lat., 123°58.72′ W. long.;
(36)39°00.99′ N. lat., 123°57.56′ W. long.;
(37)39°00.05′ N. lat., 123°56.83′ W. long.;
(38)38°57.50′ N. lat., 123°57.04′ W. long.;
(39)38°51.19′ N. lat., 123°55.70′ W. long.;
(40)38°47.29′ N. lat., 123°51.12′ W. long.;
(41)38°45.48′ N. lat., 123°51.36′ W. long.;
(42)38°43.24′ N. lat., 123°49.91′ W. long.;
(43)38°41.61′ N. lat., 123°47.50′ W. long.;
(44)38°35.75′ N. lat., 123°43.76′ W. long.;
(45)38°34.92′ N. lat., 123°42.45′ W. long.;
(46)38°19.84′ N. lat., 123°31.96′ W. long.;
(47)38°14.38′ N. lat., 123°25.51′ W. long.;
(48)38°09.39′ N. lat., 123°24.39′ W. long.;
(49)38°10.02′ N. lat., 123°26.73′ W. long.;
(50)38°04.11′ N. lat., 123°31.62′ W. long.;
(51)38°02.11′ N. lat., 123°31.11′ W. long.;
(52)38°00.23′ N. lat., 123°29.51′ W. long.;
(53)38°00.00′ N. lat., 123°28.72′ W. long.;
(54)37°58.07′ N. lat., 123°26.97′ W. long.;
(55)37°50.80′ N. lat., 123°24.47′ W. long.;
(56)37°44.21′ N. lat., 123°11.38′ W. long.;
(57)37°35.67′ N. lat., 123°01.86′ W. long.;
(58)37°23.42′ N. lat., 122°56.78′ W. long.;
(59)37°23.23′ N. lat., 122°53.78′ W. long.;
(60)37°13.97′ N. lat., 122°49.91′ W. long.;
(61)37°11.00′ N. lat., 122°45.61′ W. long.;
(62)37°07.00′ N. lat., 122°42.89′ W. long.;
(63)37°01.10′ N. lat., 122°37.50′ W. long.;
(64)36°57.81′ N. lat., 122°28.29′ W. long.;
(65)36°59.83′ N. lat., 122°25.17′ W. long.;
(66)36°57.21′ N. lat., 122°25.17′ W. long.;
(67)36°57.81′ N. lat., 122°21.73′ W. long.;
(68)36°56.10′ N. lat., 122°21.51′ W. long.;
(69)36°55.17′ N. lat., 122°16.94′ W. long.;
(70)36°52.06′ N. lat., 122°12.12′ W. long.;
(71)36°47.63′ N. lat., 122°07.40′ W. long.;
(72)36°47.37′ N. lat., 122°03.10′ W. long.;
(73)36°24.14′ N. lat., 121°59.45′ W. long.;
(74)36°21.82′ N. lat., 122°00.80′ W. long.;
(75)36°19.47′ N. lat., 122°05.28′ W. long.;
(76)36°14.67′ N. lat., 122°00.88′ W. long.;
(77)36°09.34′ N. lat., 121°42.61′ W. long.;
(78)36°00.00′ N. lat., 121°35.77′ W. long.;
(79)35°56.78′ N. lat., 121°32.69′ W. long.;
(80)35°52.71′ N. lat., 121°32.32′ W. long.;
(81)35°51.23′ N. lat., 121°30.54′ W. long.;
(82)35°46.07′ N. lat., 121°29.75′ W. long.;
(83)35°34.08′ N. lat., 121°19.83′ W. long.;
(84)35°31.41′ N. lat., 121°14.80′ W. long.;
(85)35°15.42′ N. lat., 121°03.47′ W. long.;
(86)35°07.21′ N. lat., 120°59.05′ W. long.;
(87)35°07.45′ N. lat., 120°57.09′ W. long.;
(88)34°44.29′ N. lat., 120°54.28′ W. long.;
(89)34°44.24′ N. lat., 120°57.62′ W. long.;
(90)34°40.04′ N. lat., 120°53.95′ W. long.;
(91)34°21.16′ N. lat., 120°33.11′ W. long.;
(92)34°19.15′ N. lat., 120°19.78′ W. long.;
(93)34°23.24′ N. lat., 120°14.17′ W. long.;
(94)34°21.47′ N. lat., 119°54.68′ W. long.;
(95)34°09.79′ N. lat., 119°44.51′ W. long.;
(96)34°07.34′ N. lat., 120°06.71′ W. long.;
(97)34°09.43′ N. lat., 120°18.34′ W. long.;
(98)34°12.50′ N. lat., 120°18.34′ W. long.;
(99)34°12.50′ N. lat., 120°26.11′ W. long.;
(100)34°14.02′ N. lat., 120°29.61′ W. long.;
(101)34°09.55′ N. lat., 120°37.83′ W. long.;
(102)34°05.35′ N. lat., 120°36.23′ W. long.;
(103)34°02.21′ N. lat., 120°36.23′ W. long.;
(104)34°02.21′ N. lat., 120°33.94′ W. long.;
(105)33°56.82′ N. lat., 120°28.30′ W. long.;
(106)33°50.40′ N. lat., 120°09.94′ W. long.;
(107)33°38.21′ N. lat., 119°59.90′ W. long.;
(108)33°35.35′ N. lat., 119°51.95′ W. long.;
(109)33°35.99′ N. lat., 119°49.13′ W. long.;
(110)33°42.74′ N. lat., 119°47.81′ W. long.;
(111)33°51.63′ N. lat., 119°52.94′ W. long.;
(112)33°51.62′ N. lat., 119°47.94′ W. long.;
(113)33°54.67′ N. lat., 119°47.94′ W. long.;
(114)33°57.84′ N. lat., 119°30.94′ W. long.;
(115)33°54.11′ N. lat., 119°30.94′ W. long.;
(116)33°54.11′ N. lat., 119°25.94′ W. long.;
(117)33°58.14′ N. lat., 119°25.94′ W. long.;
(118)33°59.31′ N. lat., 119°20.02′ W. long.;
(119)34°02.91′ N. lat., 119°15.38′ W. long.;
(120)33°59.04′ N. lat., 119°03.02′ W. long.;
(121)33°57.88′ N. lat., 118°41.69′ W. long.;
(122)33°50.89′ N. lat., 118°37.78′ W. long.;
(123)33°39.16′ N. lat., 118°18.24′ W. long.;
(124)33°35.44′ N. lat., 118°17.31′ W. long.;
(125)33°31.37′ N. lat., 118°10.39′ W. long.;
(126)33°32.71′ N. lat., 117°52.05′ W. long.;
(127)32°58.94′ N. lat., 117°20.06′ W. long.; and
(128)32°35.48′ N. lat., 117°28.83′ W. long.
(r)* * *
(6)48°01.50′ N. lat., 125°40.00′ W. long.;
(7)47°57.00′ N. lat., 125°37.00′ W. long.;
(8)47°55.50′ N. lat., 125°28.50′ W. long.;
(9)47°58.00′ N. lat., 125°25.00′ W. long.;
(10)48°00.50′ N. lat., 125°24.50′ W. long.;
(11)48°03.50′ N. lat., 125°21.00′ W. long.;
(12)48°02.00′ N. lat., 125°19.50′ W. long.;
(13)48°00.00′ N. lat., 125°21.00′ W. long.;
(14)47°58.00′ N. lat., 125°20.00′ W. long.;
(15)47°58.00′ N. lat., 125°18.00′ W. long.;
(16)47°52.00′ N. lat., 125°16.50′ W. long.;
(17)47°46.00′ N. lat., 125°06.00′ W. long.; and
(18)47°44.50′ N. lat., 125°07.50′ W. long. [FR Doc. E7-18364 Filed 9-17-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032-7032-01] RIN 0648-XC66 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2007 total allowable catch
(TAC)of pollock specified for Statistical Area 630 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 15, 2007, through 1200 hrs, A.l.t., September 18, 2007. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 28, 2007. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • FAX to 907-586-7557; • E-mail to *inseason.fakr@noaa.gov* and include in the subject line and body of the e-mail the document identifier: g63plkro3 (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: *www.regulations.gov* . Follow the instructions at that site for submitting comments. 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. NMFS closed the directed fishery for pollock in Statistical Area 630 of the GOA under § 679.20(d)(1)(iii) on August 28, 2007 (72 FR 48946, August 27, 2007). NMFS has determined that approximately 4,888 mt of pollock remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the C season allowance of pollock in Statistical Area 630, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 630 of the GOA. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached after 72 hours. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA, effective 1200 hrs, A.l.t., September 18, 2007. 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 opening of pollock in Statistical Area 630 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 11, 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. Without this inseason adjustment, NMFS could not allow the pollock in Statistical Area 630 of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until September 28, 2007. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: September 12, 2007. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-4614 Filed 9-13-07; 2:52 pm]
Connectionstraces to 38
Traces to 38 documents
U.S. Code
102 references not yet in our index
  • 9 CFR 94
  • 7 CFR 2.22
  • 14 CFR 39
  • 1 CFR 51
  • 14 CFR 135
  • 28 CFR 2
  • 18 USC 4203(a)(1)
  • 45 F.3d 837
  • 18 USC 3613A
  • 33 CFR 100
  • 33 CFR 100.536
  • 5 CFR 1320.11
  • 40 CFR 2
  • 40 CFR 9
  • 40 CFR 89.1
  • 40 CFR 89.101
  • 40 CFR 89.102
  • 40 CFR 89.108
  • 40 CFR 1039
  • 40 CFR 89.115
  • 40 CFR 89.205
  • 40 CFR 89.601
  • 40 CFR 89.611
  • 40 CFR 1039.102
  • 40 CFR 1039.104
  • 40 CFR 1039.115
  • 40 CFR 1039.125
  • 40 CFR 1039.135
  • 40 CFR 1039.205
  • 40 CFR 1039.210
  • 40 CFR 1039.225
  • 40 CFR 1039.235
  • 40 CFR 1039.245
  • 40 CFR 1039.255
  • 40 CFR 1039.501
  • 40 CFR 1039.505
  • 40 CFR 1039.605
  • 40 CFR 1039.610
  • 40 CFR 1039.625
  • 40 CFR 1039.705
+ 62 more
Citation graph
cites case law
Unknown
Interim rule and request for comments
U.S.C.§ 553
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 3501
U.S.C.§ 450
U.S.C.§ 136
U.S.C.§ 9701
C.F.R.§ 39.13
Fed. Reg.Proposed Rules
F. App'x45 F.3d 837
Cite9 CFR 94
Cite7 CFR 2.22
Cites 140 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

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

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