Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-09-20.xml --- 72 182 Thursday, September 20, 2007 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcoholic beverages: Wines, distilled spirits, and malt beverages; labeling and advertising— Alcohol content statement, 53742-53743 E7-18510 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53811 E7-18509 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Low Income Home Energy Assistance Program, 53774 E7-18580 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 53754-53755 07-4684 07-4685 07-4686 07-4687 07-4688 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Dental Program; National Defense Authorization Act changes, 53685 07-4654 NOTICES Meetings;

Sunshine Act, 53755 07-4689 Drug Drug Enforcement Administration PROPOSED RULES Controlled substances; manufacturers, distributors, and dispensers; registration: Maintenance or detoxification treatment; approved narcotic controlled substances dispensed or prescribed by qualified individual practitioners Patient limitation changes, 53734-53736 E7-18531 NOTICES Combat Methamphetamine Epidemic Act; implementation: Ephedrine, pseudoephedrine, and phenylpropanolamine— List I 2007 annual needs assessment, 53908-53911 E7-18523 List I 2008 annual needs assessment, 53911-53912 E7-18528 *Applications, hearings, determinations, etc.:* Applied Science Labs, 53796 E7-18501 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 53755 07-4701 Energy Energy Department See Southeastern Power Administration EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Delaware, 53686-53687 E7-18352 PROPOSED RULES Air pollutants, hazardous; national emission standards: Clay ceramics manufacturing, glass manufacturing, and secondary nonferrous metals processing, 53838-53870 E7-18344 Electric arc furnace steelmaking facilities, 53814-53836 E7-18343 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

California, 53743-53744 E7-18586 NOTICES Air pollution control: Citizen suits; proposed settlements— American Iron and Steel Institute et al., 53769-53770 E7-18577 Center for Biological Diversity et al., 53768-53769 E7-18573 FAA Federal Aviation Administration RULES Maintenance, preventive maintenance, rebuilding, and alteration: Major repairs and alterations; recording requirements, 53678-53680 E7-18584 Standard instrument approach procedures, 53680-53684 E7-18335 E7-18374 PROPOSED RULES Airworthiness directives:

Airbus, 53699-53701 E7-18540 Boeing, 53701-53704, 53706-53709 E7-18544 E7-18554 Bombardier, 53704-53706 E7-18539 Fokker, 53709-53711 E7-18553 NOTICES Aeronautical land-use assurance; waivers: Pellston Regional Airport, MI, 53808-53810 07-4650 FCC Federal Communications Commission RULES Radio stations; table of assignments: Arizona and New Mexico, 53688 E7-18499 Indiana, 53687-53688 E7-18500 New Mexico, 53688 E7-18495 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18465 53771-53772 E7-18466 E7-18583 Federal Highway Federal Highway Administration PROPOSED RULES Automated toll collection systems; interoperability requirements, standards, or performance specifications, 53736-53742 E7-18529 NOTICES Federal agency actions on proposed highways; judicial review claims:

Spanish Fork to Green River, UT (U.S. Route 6, I-15 to I-70), 53810-53811 E7-18545 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 53772-53773 E7-18559 Meetings; Sunshine Act, 53773 07-4683 Federal Transit Federal Transit Administration RULES Buy America requirements; end product analysis and waiver procedures, 53688-53698 E7-18355 Fish Fish and Wildlife Service RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 53882-53906 E7-18546 PROPOSED RULES Endangered and threatened species:

Findings on petitons, etc.— Polar bear, 53749-53751 07-4652 Food Food and Drug Administration PROPOSED RULES Administrative rulings and decisions: Ozone depleting substances; essential use designations; removal, 53711-53733 07-4663 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53774-53778 E7-18582 Meetings: Current good manufacturing practices; educational workshops, 53778-53779 E7-18556 Food Food Safety and Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 53752-53753 E7-18574 Government Government Ethics Office NOTICES Senior Executive Service Performance Review Board; membership, 53773-53774 E7-18518 Government Government Printing Office NOTICES Meetings:

Depository Library Council to the Public Printer, 53774 E7-18505 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53779-53780 E7-18561 Reports and guidance documents; availability, etc.:

Federal Tort Claims Act coverage for health center program grantees responding to emergencies; policy guidance, 53780-53781 E7-18562 Health center emergency management program expectations; policy guidance, 53781 E7-18560 Homeland Homeland Security Department See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES Hearings and Appeals Office conforming amendments; and Freedom of Information Act; implementation; correction, 53876-53879 E7-18522 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53792-53794 E7-18533 E7-18534 E7-18535 Mortgage and loan insurance programs:

Debenture interest rates, 53794-53795 E7-18525 Single family mortgage insurance— Risk-based premiums; announcement of planned implementation, 53872-53873 07-4651 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service RULES Income taxes: Corporate estimated tax Correction, 53684 E7-18504 E7-18506 PROPOSED RULES Income taxes: Qualified films produced by taxpayers; domestic production activities; attributable income deduction Hearing cancellation, 53742 E7-18507 Justice Justice Department See Drug Enforcement Administration RULES Organization, functions, and authority delegations:

Executive Office for Immigration Review, Director, et al., 53673-53678 E7-18526 NOTICES Pollution control; consent judgments: Bayer Health Care LLC et al., 53795 07-4646 Johnson, Randy, 53795-53796 07-4647 Meridian Resource & Exploration LLC et al., 53796 07-4648 Reid, Richard, et al., 53795 07-4664 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment; implementation, 53751 E7-18590 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Army Department, Adelphi Laboratory Center, MD, 53801-53803 E7-18587 Plants and materials; physical protection: Radioactive materials of concern security; safeguards information protection and fingerprinting and criminal history record check requirements, 53797-53801 E7-18564 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53753-53754 E7-18567 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous materials:

Fuel cell cartridges and systems; transportation onboard passenger aircraft in carry-on baggage, 53744-53749 E7-18532 SBA Small Business Administration NOTICES Disaster loan areas: North Dakota, 53803 E7-18581 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53803-53805 E7-18538 Southeastern Southeastern Power Administration NOTICES Power rates: Georgia-Alabama-South Carolina, 53755-53768 E7-18537 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53781-53784 E7-18555 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, E7-18565 E7-18570 53805-53806 E7-18576 E7-18578 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, E7-18563 53806-53808 E7-18566 E7-18569 E7-18572 E7-18585 Transportation Transportation Security Administration NOTICES Transportation Worker Identification Credential Program: Biometric reader specification and TWIC contactless smart card application, 53784-53789 07-4649 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Automation program test: Automated Commercial Environment— Truck carrier accounts; automated truck mainfest data; deployment schedule, 53789-53790 E7-18527 Tariff classification standards: Unisex footware, 53790-53792 E7-18588 Separate Parts In This Issue Part II Environmental Protection Agency, 53814-53836 E7-18343 Part III Environmental Protection Agency, 53838-53870 E7-18344 Part IV Housing and Urban Development Department, 53872-53873 07-4651 Part V Housing and Urban Development Department, 53876-53879 E7-18522 Part VI Interior Department, Fish and Wildlife Service, 53882-53906 E7-18546 Part VII Justice Department, Drug Enforcement Administration, 53908-53912 E7-18523 E7-18528 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. 72 182 Thursday, September 20, 2007 Rules and Regulations DEPARTMENT OF JUSTICE 8 CFR Parts 1003 and 1240 [Docket No. EOIR 125F; AG Order No. 2907-2007] RIN 1125-AA27 Authorities Delegated to the Director of the Executive Office for Immigration Review, and the Chief Immigration Judge AGENCY:

Executive Office for Immigration Review, Department of Justice. ACTION: Final rule. SUMMARY: This rule revises the Attorney General's regulations relating to the delegation of authority to the Director of the Executive Office for Immigration Review

(EOIR)and the Chief Immigration Judge with respect to the adjudicatory process. These rules are intended to improve the management of EOIR. DATES: This rule is effective October 22, 2007. FOR FURTHER INFORMATION CONTACT: Kevin Chapman, Acting General Counsel, Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041; telephone

(703)305-0470. SUPPLEMENTARY INFORMATION: Background On December 26, 2000, the Department of Justice (Department) published a proposed rule in the **Federal Register** at 65 FR 81434, to revise the Attorney General's delegation of management authority to officials of the Executive Office for Immigration Review (EOIR). Changes proposed by that rule would add specific information to 8 CFR on the organization of EOIR and outline the respective authorities of EOIR's Director, the Chairman of the Board of Immigration Appeals, and the Chief Immigration Judge. On November 25, 2002, the President signed into law the Homeland Security Act of 2002

(HSA)creating the new Department of Homeland Security

(DHS)and transferring the functions of the former Immigration and Naturalization Service

(INS)to the DHS. Pub. L. 107-296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002) (effective March 1, 2003). The Attorney General retains the functions of the EOIR in the Department of Justice. HSA § 1101, 6 U.S.C. 521; section 103(g) of the Immigration and Nationality Act (INA, or the Act), 8 U.S.C. 1103(g). In order to implement the transfer of functions under the HSA, the Attorney General reorganized title 8 of the Code of Federal Regulations and divided the regulations into chapters, so that chapter I contains regulations relating to the functions of the former INS (now DHS) and chapter V contains regulations relating to the functions of EOIR. 68 FR 9824 (Feb. 28, 2003); *see also* 68 FR 10349 (March 5, 2003). The regulations governing proceedings before EOIR are now contained in 8 CFR chapter V, beginning with part 1001. Portions of the proposed rule relating to the organization of the Board of Immigration Appeals (Board) and the powers delegated to the Chairman of the Board have already been incorporated into a separate final rule published by the Department on August 26, 2002, entitled *Board of Immigration Appeals: Procedural Reforms To Improve Case Management,* 67 FR 54878 (Aug. 26, 2002) (now codified at 8 CFR 1003.1). The Department does not make any further changes in this rule to the powers of the Chairman or the organization of the Board. With respect to the remaining provisions of the proposed rule relating to the organization of EOIR and the authority of the Director, the Chief Immigration Judge, and the General Counsel, this rule finalizes the provisions as proposed in that rule as final without substantial change, but makes necessary modifications to that rule to include technical changes to reflect the enactment of the HSA, including the reorganization and renumbering of 8 CFR. In addition, as discussed further below, the Department is adding additional management directives flowing from the Attorney General's 2006 review of improving the workings of the immigration hearing process before the immigration judges and the Board. Public Comments The Department allowed a 60-day public comment period on the proposed rule that ended on February 26, 2001. The Department received comments from three members of the public on the proposed rule. A few of the comments discussed sections which pertained to the Board. As mentioned above, the Department has already published a regulation relating to the organization of the Board and the powers delegated to the Chairman of the Board, and comments relating to the Board were fully discussed in that separate final rule, with one exception discussed here. One commenter objected to the proposed redesignation of the members of the Board to be known as appellate immigration judges, citing possible confusion by the public. The Department has decided not to make this change and withdraws that portion of the proposed rule. The Act provides that immigration proceedings are conducted by officials known as immigration judges, but the Act also states clearly that these officials are Department of Justice attorneys who are designated by the Attorney General to conduct such proceedings, and they are subject to the Attorney General's direction and control. *See* section 101(b)(4) of the INA (8 U.S.C. 1101(b)(4)). However, there do appear to have been at least some instances of apparent confusion over time among some observers regarding the role and status of the immigration judges. Similarly, the members of the Board are Department of Justice attorneys who serve as the Attorney General's delegates in deciding the cases that come before them. *See* 8 CFR 1003.1(a)(1), (d)(1). In their quasi-judicial roles, the immigration judges and the Board members exercise very important functions, making adjudicatory decisions and exercising discretion on behalf of the Attorney General. However, they are Executive Branch adjudicators and do not serve in purely a judicial capacity. As the Supreme Court has made clear, the immigration adjudication process (and the Board's role in that process) is an executive function that implicates not only legal and factual issues, but also important immigration policy and foreign relations interests, and the “judiciary is not well positioned to shoulder primary responsibility” for such determinations. *INS* v. *Aguirre-Aguirre,* 526 U.S. 415, 425 (1999). 1 The Department has decided not to change the title of the Board members, in order to avoid possible confusion between the key executive functions of the Board and the judicial role of the Federal courts. 1 As the Attorney General's delegate, the Board issues precedential decisions which have been accorded appropriate deference under the Supreme Court's decisions in *Chevron* v. *NRDC,* 467 U.S. 837

(1984)(deference due agency interpretation of statutes within delegated authority); *INS* v. *Aguirre-Aguirre,* 526 U.S. 415, 425

(1999)(Attorney General, and hence the Board, accorded Chevron deference); and *INS* v. *Cardoza-Fonseca,* 480 U.S. 421, 448-49

(1987)(same), as administrative interpretations of the Act. *Chevron* deference is appropriate because the Board is interpreting the Act on behalf of the Attorney General. *See also Gonzales* v. *Thomas,* 126 S. Ct. 1613 (2006). The following is a discussion of the remaining comments relating to the organization of EOIR and the authority of the Director and Chief Immigration Judge, and the Department's response. All three commenters raised concerns with the provisions that allow the setting of priorities or time frames for the resolution of cases. They expressed concern that an official could direct the outcome of a specific case by setting an unyielding completion goal which would prevent an immigration judge from taking the time necessary to adjudicate a case fairly. On this issue, one commenter believes the rule can be interpreted to abrogate the parties' right to a full and complete hearing. This commenter would have the rule recognize that only the immigration judge should determine the amount of time necessary to complete a case. One commenter asks whether the rule is intended

(a)To authorize an official to establish time frames for particular types or classes of cases which would be guidelines for the judges to follow, but permit a departure from the guidelines in individual cases when necessary; or

(b)to have an official direct a judge to cut short a particular case regardless of the judge's need to take additional time. The Department does not believe that the authority to establish time frames and guidelines ``directs'' the result of the adjudication. Time frames and guidelines are designed to ensure the timely adjudication and conclusion of proceedings, and their use is well-established in immigration procedure. For example, asylum cases have a statutory completion requirement of 180 days, pursuant to section 208(d)(5)(A)(iii) of the INA. A credible fear review by an immigration judge has a statutory completion requirement of 7 days, under section 235(b)(1)(B)(iii)(III) of the Act. In addition, the Board has an established case management system where single Board members dispose of all assigned appeals within 90 days of completion of the record on appeal, or within 180 days after an appeal is assigned to a three-member panel. 8 CFR 1003.1(e)(8)(i). Moreover, individual immigration judges set hearing calendars and prioritize cases. Within each judge's parameters for calendaring a case, that judge will take the time necessary for the case to be completed. Some cases take less time to complete, some more, and most fall within the estimated times. Experience has shown that the time frames do not ``direct the result'' of a particular case, but rather that the guidelines promote timely results. The Department shares the commenters' concern for due process and fairness in immigration proceedings. Timely adjudications ensure due process and fairness for the aliens in proceedings, as well as for the government and its citizens who have an interest in having cases adjudicated, benefits conferred, and the laws enforced. *See generally Capital Area Immigrants' Rights Coalition,* v. *U.S. Dep't of Justice* , 264 F. Supp. 2d 14 (D.D.C. 2003) (rejecting challenges to the Attorney General's reform of the Board's procedures in 2002); see also *Nash* , v. *Bowen* , 869 F.2d 675, 681 (2d Cir. 1989) (rejecting administrative law judge

(ALJ)challenge to efforts by the Social Security Administration

(SSA)to improve the quality, timeliness, and efficiency of the ALJ decision making process; “those concerns are more appropriately addressed by Congress or by courts through the usual channels of judicial review in Social Security cases. The bottom line in this case is that it was entirely within the Secretary's discretion to adopt reasonable administrative measures in order to improve the decision making process.'') (citations omitted). Another commenter takes issue with § 1003.0(b)(2), which allows the Director to delegate his authority to others. This commenter is specifically concerned with the Director's ability to delegate his authority to “any other EOIR employee,” arguing that such a delegation is too broad. The Department disagrees with this comment and will maintain the regulation as proposed. EOIR is comprised of three adjudicating components as well as certain administrative components and functions. These administrative components and programs are managed by assistant directors and other senior level management officials. On occasion, as the Director shall decide, these officials may be in the best position to respond to a particular delegation of the Director's authority. The Department expects that the Director, who is ultimately responsible for the supervision of EOIR, is best able to delegate his authority and should not be restricted to only a few agency officials. One commenter objected to the General Counsel's now being ``co-equal'' with the Deputy Director. The commenter expresses concern that the General Counsel is on ``an equal managerial basis with its second in command.'' The Department directs the reader to § 1003.0(d) and (e). The language is clear that the Deputy Director ``shall advise and assist . . . in the management of EOIR,'' while the General Counsel, serving as chief legal counsel of EOIR, ``shall provide legal advice and assistance to the Director [and] Deputy Director''. The Department believes the language delineates the distinction in duties and responsibilities appropriately. Finally, one commenter proposed a change to the definition of immigration court in § 1003.9(d) arguing that the definition was inaccurate and that the term “local sites” should be changed to “hearing location.” Currently, there are 54 immigration courts nationwide that create or maintain records of proceedings and serve as locations where proceedings are held before immigration judges. There are also other hearing locations in detail cities or other hearing sites such as correctional facilities where immigration hearings are held before an immigration judge. These other hearing locations are all serviced by an administrative control immigration court and do not serve as locations where documents and correspondence pertaining to a record of proceeding can be filed. Therefore these facilities do not meet the definition of “immigration court” even though hearings can be held at locations that are designated by the Office of the Chief Immigration Judge for administrative and public convenience. As the commenter correctly pointed out, state detention facilities, where hearings are held before an immigration judge, would not meet the definition of “immigration court” since these facilities do not create or maintain records of proceedings. The Department will therefore maintain the definition of immigration court as proposed in order to avoid any confusion with other hearing locations where documents and correspondence pertaining to records of proceedings are not accepted. The Attorney General's Management Review of the Immigration Hearing Process On January 9, 2006, the Attorney General directed a comprehensive review of the Immigration Courts and the Board of Immigration Appeals. This review was undertaken in response to concerns about the quality of decisions being issued by the immigration judges and the Board and about reports of intemperate behavior by some immigration judges. The Deputy Attorney General and the Associate Attorney General assembled a review team, which over the course of several months conducted hundreds of interviews, administered an online survey, and analyzed thousands of documents to assess the EOIR adjudicative process. On August 9, 2006, the Attorney General announced that the review was complete, and he directed that a series of measures be taken to improve adjudications by the immigration judges and the Board. EOIR has already been implementing most of those initiatives through administrative and management actions, although several of the initiatives require changes to the existing regulations and are being implemented through separate rulemaking actions. The following discussion reviews some of the internal management initiatives arising from the Attorney General's review. Although all of the following changes are being implemented through internal management changes within EOIR, this final rule has been revised to include a brief summary of these key initiatives as being among the Director's specific responsibilities, as a permanent reflection of these changes which will continue to be implemented over time. Among the Attorney General's key priorities was to improve the existing processes for dealing with fraud and abuse in the immigration process. One administrative step to further this goal is the appointment of an anti-fraud officer in EOIR who will be in a position to respond to concerns about instances of fraud arising in some of the hundreds of thousands of cases being adjudicated each year by the immigration judges and the Board, providing for a single point of contact for coordination (both within EOIR and in communications with other interested agencies). U.S. Citizenship and Immigration Services (USCIS), a component of DHS, has established an Office of Fraud Detection and National Security with specific responsibility for identifying instances of fraud among the applications for immigration benefits filed with USCIS, and U.S. Immigration and Customs Enforcement

(ICE)has ongoing enforcement efforts against aliens who have submitted fraudulent documents or who seek immigration benefits by fraud or misrepresentation. The United States Attorneys have also successfully prosecuted, or obtained indictments against, numerous individuals and rings that have engaged in widespread immigration fraud (in some cases involving hundreds of instances of fraud in separate cases perpetrated by the same conspirators). Although the immigration judges and the Board are authorized to respond to such fraud on a case-by-case basis, 2 there is also a need for a more systematic response to identified instances of fraud, particularly where there are indications of wide-scale organized efforts to engage in immigration fraud. This final rule has been revised to include a new provision for the General Counsel of EOIR to designate an anti-fraud officer to serve as a point of contact and coordination with respect to instances of fraud arising in administrative proceedings before EOIR. 2 *See, e.g., Ye* v. *U.S. Dep't of Justice* , 489 F.3d 517 (2d Cir. 2007) (upholding adverse credibility finding where the immigration judge noted 23 striking similarities in form and substance between an alien's asylum affidavit and another applicant's affidavit submitted in a separate asylum case, advised the alien of his concern about the similarities, arranged for DHS to provide her with a redacted copy of the affidavit submitted in the other case, gave the alien several opportunities to address the similarities and provide any innocent explanation, and the alien failed to respond to the immigration judge's concerns). The final rule also includes new general provisions relating to training, support, and review of the quality of the adjudicatory process, reflecting several of the directives contained in the Attorney General's memorandum of August 9, 2006. Among the Attorney General's other specific directives in the August 9 memorandum were: #1—Performance appraisals for immigration judges and Board members #2—Evaluation of newly-appointed immigration judges and Board members within 2 years #3—Examination in immigration law for newly-appointed immigration judges and Board members #4—Improved training for immigration judges and Board members #5—Improved training and guidance for EOIR staff #6—Improved on-bench reference materials and decision templates #7—Mechanisms to detect poor conduct and quality #11—Complaint procedures In order to summarize and reflect these new initiatives, for the information of participants in immigration proceedings and the general public, this final rule adds several brief new paragraphs to the existing description of the duties of the Director of EOIR in 8 CFR 1003.0(b)(1), as follows: • Adding a new para

(v)to “Provide for performance appraisals for immigration judges and Board members while fully respecting their roles as adjudicators, including a process for reporting adjudications that reflect temperament problems or poor decisional quality” (with respect to Attorney General directives #1 and #7) • Adding a new para

(vi)to “Administer an examination for newly-appointed immigration judges and Board members with respect to their familiarity with key principles of immigration law before they begin to adjudicate matters, and evaluate the temperament and skills of each new immigration judge or Board member within 2 years of appointment” (with respect to Attorney General directives #2 and #3) • Adding a new para

(vii)to “Provide for comprehensive, continuing training and support for Board members, immigration judges, and EOIR staff in order to promote the quality and consistency of adjudications” (with respect to Attorney General directives #4, #5, and #6) • Adding a new para

(viii)to “Implement a process for receiving, evaluating, and responding to complaints of inappropriate conduct by EOIR adjudicators” (with respect to Attorney General directive #11) Regulatory Requirements Administrative Procedure Act The provisions of this rule, in general, finalize without substantive change a proposed rule previously published for public notice and comment. This final rule also incorporates certain management directives relating to the appointment of an anti-fraud officer, and new general provisions relating to training, support, and review of the quality of the adjudicatory process, reflecting several of the directives contained in the Attorney General's memorandum of August 9, 2006. All of these changes are a matter of agency organization, management, or personnel and do not require prior notice and comment, and accordingly they are being included in this final rule relating to EOIR. *See* 5 U.S.C. 553(a)(2) (exempting “a matter relating to agency management or personnel”); Id. § 553(b)(A) (exempting “rules of agency organization, procedure, or practice”). Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and, by approving it, certifies that it will affect only Department employees, individuals in immigration proceedings before the EOIR, and practitioners who appear before EOIR. Therefore, this rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule because there are no new or revised record keeping or reporting requirements. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. This rule is limited to agency organization, management and personnel as described by Executive Order 12866 § 3(d)(3) and, therefore, is not a “regulation” or “rule” as defined by this Executive Order. Accordingly, this action has not been reviewed by the Office of Management and Budget. Executive Order 13132 This rule 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. Therefore, in accordance with section 6 of Executive Order 13132, the Department of Justice has determined that this rule does not have sufficient federalism implications to warrant a federalism summary impact statement. Executive Order 12988 This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. Congressional Review Act This action pertains to agency management, personnel and organization and does not substantially affect the rights or obligations of non-agency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects 8 CFR Part 1003 Administrative practice and procedure, Aliens, Immigration, Legal Services, Organization and function (Government agencies). 8 CFR Part 1240 Administrative practice and procedure and Aliens. Accordingly, parts 1003 and 1240 of chapter V of title 8 of the Code of Federal Regulations are amended as follows: PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 1. The authority citation for 8 CFR part 1003 continues to read as follows: Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 106-386, 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328. 2. Revise § 1003.0 to read as follows: § 1003.0 Executive Office for Immigration Review.

(a)*Organization.* Within the Department of Justice, there shall be an Executive Office for Immigration Review (EOIR), headed by a Director who is appointed by the Attorney General. The Director shall be assisted by a Deputy Director and by a General Counsel. EOIR shall include the Board of Immigration Appeals, the Office of the Chief Immigration Judge, the Office of the Chief Administrative Hearing Officer, and such other staff as the Attorney General or Director may provide.

(b)*Powers of the Director.* —

(1)*In general.* The Director shall manage EOIR and its employees and shall be responsible for the direction and supervision of the Board, the Office of the Chief Immigration Judge, and the Office of the Chief Administrative Hearing Officer in the execution of their respective duties pursuant to the Act and the provisions of this chapter. Unless otherwise provided by the Attorney General, the Director shall report to the Deputy Attorney General and the Attorney General. The Director shall have the authority to:

(i)Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities;

(ii)Direct the conduct of all EOIR employees to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases; to direct that the adjudication of certain cases be deferred; to regulate the assignment of adjudicators to cases; and otherwise to manage the docket of matters to be decided by the Board, the immigration judges, the Chief Administrative Hearing Officer, or the administrative law judges;

(iii)Provide for appropriate administrative coordination with the other components of the Department of Justice, with the Department of Homeland Security, and with the Department of State;

(iv)Evaluate the performance of the Board of Immigration Appeals, the Office of the Chief Immigration Judge, the Office of the Chief Administrative Hearing Officer, and other EOIR activities, make appropriate reports and inspections, and take corrective action where needed;

(v)Provide for performance appraisals for immigration judges and Board members while fully respecting their roles as adjudicators, including a process for reporting adjudications that reflect temperament problems or poor decisional quality;

(vi)Administer an examination for newly-appointed immigration judges and Board members with respect to their familiarity with key principles of immigration law before they begin to adjudicate matters, and evaluate the temperament and skills of each new immigration judge or Board member within 2 years of appointment;

(vii)Provide for comprehensive, continuing training and support for Board members, immigration judges, and EOIR staff in order to promote the quality and consistency of adjudications;

(viii)Implement a process for receiving, evaluating, and responding to complaints of inappropriate conduct by EOIR adjudicators; and

(ix)Exercise such other authorities as the Attorney General may provide.

(2)*Delegations.* The Director may delegate the authority given to him by this part or by the Attorney General to the Deputy Director, the General Counsel, the Chairman of the Board of Immigration Appeals, the Chief Immigration Judge, the Chief Administrative Hearing Officer, or any other EOIR employee.

(c)*Limit on the Authority of the Director.* The Director shall have no authority to adjudicate cases arising under the Act or regulations and shall not direct the result of an adjudication assigned to the Board, an immigration judge, the Chief Administrative Hearing Officer, or an Administrative Law Judge; provided, however, that nothing in this part shall be construed to limit the authority of the Director under paragraph

(b)of this section.

(d)*Deputy Director.* The Deputy Director shall advise and assist the Director in the management of EOIR and the formulation of policy and guidelines. Unless otherwise limited by law or by order of the Director, the Deputy Director shall exercise the full authority of the Director in the discharge of his or her duties.

(e)*General Counsel.* Subject to the supervision of the Director, the General Counsel shall serve as the chief legal counsel of EOIR. The General Counsel shall provide legal advice and assistance to the Director, Deputy Director, and heads of the components within EOIR, and shall supervise all legal activities of EOIR not related to adjudications arising under the Act or this chapter.

(1)*Professional standards.* The General Counsel shall administer programs to protect the integrity of immigration proceedings before EOIR, including administering the disciplinary program for attorneys and accredited representatives under subpart G of this part.

(2)*Fraud issues.* The General Counsel shall designate an anti-fraud officer who shall—

(i)Serve as a point of contact relating to concerns about possible fraud upon EOIR, particularly with respect to matters relating to fraudulent applications or documents affecting multiple removal proceedings, applications for relief from removal, appeals, or other proceedings before EOIR;

(ii)Coordinate with investigative authorities of the Department of Homeland Security, the Department of Justice, and other appropriate agencies with respect to the identification of and response to such fraud; and

(iii)Notify the EOIR disciplinary counsel and other appropriate authorities with respect to instances of fraud, misrepresentation, or abuse pertaining to an attorney or accredited representative.

(f)*Citizenship Requirement for Employment.*

(1)An application to work at EOIR, either as an employee or a volunteer, must include a signed affirmation from the applicant that he or she is a citizen of the United States of America. If requested, the applicant must document United States citizenship.

(2)The Director of EOIR may, by explicit written determination and to the extent permitted by law, authorize the appointment of an alien to an EOIR position when necessary to accomplish the work of EOIR. Subpart B—Office of the Chief Immigration Judge 3. Revise the heading of Subpart B to read as set forth above. 4. Revise § 1003.9 to read as follows: § 1003.9 Office of the Chief Immigration Judge.

(a)*Organization.* Within the Executive Office for Immigration Review, there shall be an Office of the Chief Immigration Judge (OCIJ), consisting of the Chief Immigration Judge, the immigration judges, and such other staff as the Director deems necessary. The Attorney General shall appoint the Chief Immigration Judge. The Director may designate immigration judges to serve as Deputy and Assistant Chief Immigration Judges as may be necessary to assist the Chief Immigration Judge in the management of the OCIJ.

(b)*Powers of the Chief Immigration Judge.* Subject to the supervision of the Director, the Chief Immigration Judge shall be responsible for the supervision, direction, and scheduling of the immigration judges in the conduct of the hearings and duties assigned to them. The Chief Immigration Judge shall have the authority to:

(1)Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities;

(2)Provide for appropriate training of the immigration judges and other OCIJ staff on the conduct of their powers and duties;

(3)Direct the conduct of all employees assigned to OCIJ to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases, to direct that the adjudication of certain cases be deferred, to regulate the assignment of immigration judges to cases, and otherwise to manage the docket of matters to be decided by the immigration judges;

(4)Evaluate the performance of the Immigration Courts and other OCIJ activities by making appropriate reports and inspections, and take corrective action where needed;

(5)Adjudicate cases as an immigration judge; and

(6)Exercise such other authorities as the Director may provide.

(c)*Limit on the Authority of the Chief Immigration Judge.* The Chief Immigration Judge shall have no authority to direct the result of an adjudication assigned to another immigration judge, provided, however, that nothing in this part shall be construed to limit the authority of the Chief Immigration Judge in paragraph

(b)of this section.

(d)*Immigration Court.* The term Immigration Court shall refer to the local sites of the OCIJ where proceedings are held before immigration judges and where the records of those proceedings are created and maintained. 5. Revise § 1003.10 to read as follows: § 1003.10 Immigration judges.

(a)*Appointment.* The immigration judges are attorneys whom the Attorney General appoints as administrative judges within the Office of the Chief Immigration Judge to conduct specified classes of proceedings, including hearings under section 240 of the Act. Immigration judges shall act as the Attorney General's delegates in the cases that come before them.

(b)*Powers and duties.* In conducting hearings under section 240 of the Act and such other proceedings the Attorney General may assign to them, immigration judges shall exercise the powers and duties delegated to them by the Act and by the Attorney General through regulation. In deciding the individual cases before them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgment and discretion and may take any action consistent with their authorities under the Act and regulations that is appropriate and necessary for the disposition of such cases. Immigration judges shall administer oaths, receive evidence, and interrogate, examine, and cross-examine aliens and any witnesses. Subject to §§ 1003.35 and 1287.4 of this chapter, they may issue administrative subpoenas for the attendance of witnesses and the presentation of evidence. In all cases, immigration judges shall seek to resolve the questions before them in a timely and impartial manner consistent with the Act and regulations.

(c)*Review.* Decisions of immigration judges are subject to review by the Board of Immigration Appeals in any case in which the Board has jurisdiction as provided in 8 CFR 1003.1.

(d)*Governing standards.* Immigration judges shall be governed by the provisions and limitations prescribed by the Act and this chapter, by the decisions of the Board, and by the Attorney General (through review of a decision of the Board, by written order, or by determination and ruling pursuant to section 103 of the Act). PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES 6. The authority citation for 8 CFR part 1240 continues to read as follows: Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681); 8 CFR part 2. Subpart A—Removal Proceedings § 1240.1 [Amended] 7. Amend § 1240.1 by removing the first and second sentences of paragraph (a)(2). Dated: September 12, 2007. Alberto R. Gonzales, Attorney General. [FR Doc. E7-18526 Filed 9-19-07; 8:45 am] BILLING CODE 4410-30-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 43 [Docket No. FAA-2007-28631; Amendment No. 43-41] RIN 2120-AJ11 Recording of Major Repairs and Major Alterations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends instructions to aviation maintenance providers regarding submittal of FAA Form 337, Major Repair and Alteration, for either major repair or major alteration; or for extended-range fuel tanks installed within the passenger compartment or a baggage compartment. This change clarifies the mailing instructions when submitting Form 337 to the FAA. The intent of this action is to amend the regulation to ensure mailing requirements are clear and accurate. DATES: This amendment becomes effective September 20, 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: Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. 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. The FAA is issuing this rulemaking under the authority set forth in 49 U.S.C. 44701(a)(5). This regulation is within the scope of that authority because the Administrator is charged with promoting safe flight of civil aircraft by, among other things, prescribing regulations and minimum standards for practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security. Background On September 9, 1987, the FAA published a final rule entitled “Aircraft Identification and Retention of Fuel System Modification Records,” (52 FR 34096). Among other changes, this rule amended part 43, Appendix B, by revising the introductory text of paragraph

(a)and adding a new paragraph (d). This rule provided instructions so major alterations for fuel tanks and system modifications would be segregated from other major repairs and alterations. The new paragraph

(d)provided instructions for disposition of the Form 337, Major Repair and Alteration, whenever extended-range fuel tanks are installed within the passenger compartment or a baggage compartment. As part of those instructions, paragraph (c)(2) of Appendix B is referenced for distribution of Form 337. The FAA has found that since adding paragraph (d), there has been a decline in Form 337s received for extended-range fuel tanks. Review of part 43, Appendix B revealed a wrong address. As currently written, paragraph (c)(2) directs individuals to send a copy of Form 337 to an incorrect address. Any FAA Form 337 that describes a modification to an aircraft fuel system or that shows additional tanks installed, should be mailed to the FAA, Aircraft Registration Branch, AFS-751, P.O. Box 25724, Oklahoma City, OK. All other FAA Form 337s should be mailed to the FAA, Aircraft Registration Branch, AFS-750, P.O. Box 25504, Oklahoma City, OK. The change in this final rule will clarify and correct the mailing instructions and does not affect any other requirements in part 43. Reason for Final Rule This final rule amends the mailing instructions for FAA Form 337 in part 43, Appendix B, paragraphs

(c)and (d). The change will allow submission of FAA Form 337 to the correct address. The intent of this action is to amend the regulation to ensure that instructions for submitting this form are clear and accurate. Justification for Immediate Adoption Because the circumstances described herein warrant immediate action, the Administrator finds that notice and public comment under 5 U.S.C. 553(b) is impracticable and contrary to the public interest. Further, the Administrator finds that good cause exists under 5 U.S.C. 553(d) for making this rule effective in less than 30 days after publication in the **Federal Register** . The amendment ensures FAA's commitment to the Anti Drug Abuse Act of 1988, Subtitle E, FAA Drug Enforcement Assistance Act of 1988. Paperwork Reduction Act Information collection requirements associated with this final rule have been previously approved by the Office of Management and Budget

(OMB)under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. section 3507(d)), and have been assigned OMB Control Number 2120-0020. An agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid OMB control number. International Compatibility The FAA has determined that a review of the Convention on International Civil Aviation Standards and Recommended Practices is not warranted because there is not a comparable rule under ICAO standards. Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: Since this final rule merely clarifies FAA procedures, the expected outcome will be a minimal impact with positive net benefits, and a regulatory evaluation was not prepared. FAA has, therefore, determined that this final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule merely revises an incorrect mailing address; the expected outcome will have only a minimal impact on any small entity affected by this rulemaking action. Therefore, as the FAA Administrator, I certify that this rule will not have a significant economic impact on a substantial number of small entities. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and has determined that it will respond to a domestic safety objective and not considered an unnecessary obstacle to trade. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $128.1 million in lieu of $100 million. This final rule does not contain such a mandate. Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by— 1. Searching the Department of Transportation's electronic Docket Management System

(DMS)Web page ( *http://dms.dot.gov/search* ); 2. Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* ; or 3. Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the amendment number or docket number of this rulemaking. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact your local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. You can find out more about SBREFA on the Internet at *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/* . List of Subjects in 14 CFR Part 43 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends part 43 of Title 14, Code of Federal Regulations as follows: PART 43—MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND ALTERATIONS 1. The authority citation for part 43 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707, 44711, 44713, 44717, 44725. 2. Appendix B is amended by revising paragraphs

(c)and

(d)to read as follows: Appendix B to Part 43—Recording of Major Repairs and Major Alterations

(c)Except as provided in paragraph

(d)of this appendix, for a major repair or major alteration made by a person authorized in § 43.17, the person who performs the major repair or major alteration and the person authorized by § 43.17 to approve that work shall execute an FAA Form 337 at least in duplicate. A completed copy of that form shall be—

(1)Given to the aircraft owner; and

(2)Forwarded to the Federal Aviation Administration, Aircraft Registration Branch, AFS-750, Post Office Box 25504, Oklahoma City, OK 73125, within 48 hours after the work is inspected.

(d)For extended-range fuel tanks installed within the passenger compartment or a baggage compartment, the person who performs the work and the person authorized to approve the work by § 43.7 shall execute an FAA Form 337 in at least triplicate. A completed copy of that form shall be—

(1)Placed on board the aircraft as specified in § 91.417 of this chapter;

(2)Given to the aircraft owner; and

(3)Forwarded to the Federal Aviation Administration, Aircraft Registration Branch, AFS-751, Post Office Box 25724, Oklahoma City, OK 73125, within 48 hours after the work is inspected. Issued in Washington, DC on August 27, 2007. James J. Ballough, Director, Flight Standards Service. 10 [FR Doc. E7-18584 Filed 9-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30570; Amdt. No. 3236] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This rule amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes in the National Airspace System, such as the commissioning of new navigational facilities, adding of new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective September 20, 2007. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 20, 2007. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. 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/code_of_federal_regulations/ibr_locations.html* . *Availability* —All SIAPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:

(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of Title 14 of the Code of Federal Regulations. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAP and the corresponding effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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

(GPS)RWY 23, Amdt 1 Deadhorse, AK, Deadhorse, ILS OR LOC/DME RWY 5, Amdt 2 Deadhorse, AK, Deadhorse, RNAV

(GPS)RWY 5, Amdt 1 Deadhorse, AK, Deadhorse, RNAV

(GPS)RWY 23, Amdt 1 Deadhorse, AK, Deadhorse, LOC/DM BC RWY 23, Amdt 11 Deadhorse, AK, Deadhorse, VOR/DME RWY 5, Amdt 2 Deadhorse, AK, Deadhorse, VOR/DME RWY 23, Amdt 4 Deadhorse, AK, Deadhorse, VOR RWY 5, Amdt 4 Deadhorse, AK, Deadhorse, VOR RWY 23, Amdt 6 Deadhorse, AK, Deadhorse, Takeoff Minimums and Obstacle DP, Amdt 1 Kenai, AK, Kenai Muni, RNAV

(GPS)RWY 1L, Amdt 1 Kenai, AK, Kenai Muni, RNAV

(GPS)RWY 19R, Amdt 1 Kenai, AK, Kenai Muni, VOR/DME RWY 1L, Amdt 7 Kenai, AK, Kenai Muni, VOR RWY 19R, Amdt 18 Kenai, AK, Kenai Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Nome, AK, Nome, ILS OR LOC/DME Y RWY 28, Amdt 3 Nome, AK, Nome, ILS OR LOC/DME Z RWY 28, Amdt 3 Nome, AK, Nome, LOC/DME BC RWY 10, Amdt 3 St Johns, AZ, St Johns Industrial Air Park, VOR/DME-A, Amdt 2 St Johns, AZ, St Johns Industrial Air Park, RNAV

(GPS)RWY 14, Orig Bishop, CA, Eastern Sierra Rgnl, LDA/DME RWY 16, Orig Middletown, DE, Summit, NDB-A, Amdt 7 Chicago/Aurora, IL, Aurora Muni, ILS OR LOC RWY 33, Orig Chicago/Aurora, IL, Aurora Muni, RNAV

(GPS)RWY 33, Amdt 1 Chicago/Aurora, IL, Aurora Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Fort Scott, KS, Fort Scott Muni, NDB RWY 18, Amdt 12 Hagerstown, MD, Hagerstown Regional/Richard A. Henson Fld, ILS OR LOC RWY 9, Orig Hagerstown, MD, Hagerstown Regional/Richard A. Henson Fld, LOC RWY 9, Orig, CANCELLED Portland, ME, Portland Intl Jetport, RADAR-1, Orig, CANCELLED Charlotte, MI, Fitch H. Beach, RNAV

(GPS)RWY 20, Orig Bemidji, MN, Bemidji Regional, ILS OR LOC/DME RWY 25, Orig Columbus/W Pt/Starkville, MS, Golden Triangle Rgnl, ILS OR LOC RWY 18, Amdt 7 Columbus/W Pt/Starkville, MS, Golden Triangle Rgnl, VOR/DME OR GPS-E, Amdt 5A, CANCELLED Columbus/W Pt/Starkville, MS, Golden Triangle Rgnl, VOR OR GPS-D, Amdt 5A, CANCELLED Elizabeth City, NC, Elizabeth City CG Air Station/Regional, ILS OR LOC RWY 10, Amdt 1 Manville, NJ, Central Jersey Regional, RNAV

(GPS)RWY 7, Orig Manville, NJ, Central Jersey Regional, GPS RWY 7, Orig-A, CANCELLED Manville, NJ, Central Jersey Regional, RNAV

(GPS)RWY 25, Orig Manville, NJ, Central Jersey Regional, Takeoff Minimums and Obstacle DP, Amdt 3 New York, NY, John F. Kennedy Intl, ILS OR LOC RWY 31R, Amdt 15 Okmulgee, OK, Okmulgee Regional, RNAV

(GPS)RWY 18, Amdt 1 Okmulgee, OK, Okmulgee Regional, Takeoff Minimums and Obstacle DP, Amdt 1 Watonga, OK, Watonga Regional, RNAV

(GPS)RWY 17, Orig Watonga, OK, Watonga Regional, VOR/DME-A, Amdt 3 Watonga, OK, Watonga Regional, GPS RWY 17, Orig, CANCELLED Watonga, OK, Watonga Regional, Takeoff Minimums and Textual DP, Amdt 1 New Castle, PA, New Castle Muni, RNAV

(GPS)RWY 5, Amdt 1 New Castle, PA, New Castle Muni, RNAV

(GPS)RWY 23, Amdt 1 Pittsburgh, PA, Allegheny County, VOR-A, Orig Pittsburgh, PA, Allegheny County, Takeoff Minimums and Obstacle DP, Amdt 8 Pittsburgh, PA, Allegheny County, RNAV

(GPS)RWY 5, Amdt 2, CANCELLED Pittsburgh, PA, Allegheny County, VOR RWY 5, Amdt 10, CANCELLED North Kingstown, RI, Quonset State, ILS OR LOC RWY 16, Amdt 9 North Kingstown, RI, Quonset State, RNAV

(GPS)RWY 16, Orig North Kingstown, RI, Quonset State, RNAV

(GPS)RWY 34, Orig North Kingstown, RI, Quonset State, GPS RWY 34, Amdt 1A, CANCELLED Lexington-Parsons, TN, Beech River Rgnl, Takeoff Minimums and Obstacle DP, Orig Austin, TX, Lakeway Airpark, RNAV

(GPS)RWY 16, Orig Austin, TX, Lakeway Airpark, VOR/DME-A, Amdt 1 Austin, TX, Lakeway Airpark, GPS RWY 16, Orig-B, CANCELLED Bonham, TX, Jones Field, RNAV

(GPS)Rwy 35, Orig Dallas, TX, Addison, Takeoff Minimums and Obstacle DP, Amdt 5 Dallas, TX, Dallas Love Field, Takeoff Minimums and Obstacle DP, Amdt 15 Dallas-Fort Worth, TX, Dallas-FT Worth Intl, CONVERGING ILS RWY 13R, Amdt 6A Dallas-Fort Worth, TX, Dallas-FT Worth Intl, ILS OR LOC RWY 13R, Amdt 7A Dallas-Fort Worth, TX, Dallas-FT Worth Intl, RNAV

(GPS)Y RWY 13R, Amdt 1A Dallas-Fort Worth, TX, Dallas-FT Worth Intl, RNAV

(GPS)Y RWY 31R, Amdt 1A Dallas-Fort Worth, TX, Dallas-FT Worth Intl, RNAV

(RNP)Z RWY 13R, Orig-A Dallas-Fort Worth, TX, Dallas-FT Worth Intl, RNAV

(RNP)Z RWY 31L, Orig-A Fort Worth, TX, Fort Worth Spinks, Takeoff Minimums and Obstacle DP, Amdt Houston, TX, Pearland Rgnl, RNAV

(GPS)Rwy 32, Amdt 2 Houston, TX, Pearland Rgnl, VOR-B, Amdt 1 Houston, TX, Pearland Rgnl, Takeoff Minimums and Obstacle DP, Amdt 3 Lancaster, TX, Lancaster, Takeoff Minimums and Obstacle DP, Amdt 1 Mc Kinney, TX, Collin County Regional at McKinney, Takeoff Minimums and Obstacle DP, Orig Nacogdoches, TX, A L Mangham Jr Regional, ILS OR LOC RWY 36, Amdt 3 Logan, UT, Logan-Cache, ILS OR LOC/DME RWY 17, Orig Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, ILS OR LOC RWY 4, Amdt 16 Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, RNAV

(GPS)RWY 4, Orig Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, RNAV

(GPS)RWY 22, Orig Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, VOR RWY 4, Amdt 12 Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, GPS RWY 22, Orig-B, CANCELLED Lynchburg, VA, Lynchburg Rgnl/Preston Glenn Fld, Takeoff Minimums and Obstacle DP, Amdt 7 Manassas, VA, Manassas Rgnl/Harry P. Davis Field, Takeoff Minimums and Obstacle DP, Amdt 3 Melfa, VA, Accomack County, RNAV

(GPS)RWY 3, Amdt 1 Melfa, VA, Accomack County, RNAV

(GPS)RWY 21, Orig Melfa, VA, Accomack County, Takeoff Minimums and Obstacle DP, Amdt 1 Tappahannock, VA, Tappahannock-Essex County, RNAV

(GPS)RWY 10, Orig Tappahannock, VA, Tappahannock-Essex County, RNAV

(GPS)RWY 28, Orig Tappahannock, VA, Tappahannock-Essex County, Takeoff Minimums and Obstacle DP, Orig Fond Du Lac, WI, Fond Du Lac County, LOC/DME RWY 36, Orig Fond Du Lac, WI, Fond Du Lac County, SDF RWY 36, Amdt 6B, CANCELLED Effective 20 DEC 2007 Kobuk, AK, Kobuk, RNAV

(GPS)RWY 9, Orig Kobuk, AK, Kobuk, RNAV

(GPS)RWY 27, Orig Kobuk, AK, Kobuk, Takeoff Minimums and Obstacle DP, Orig The FAA published the following Amendment in Docket No. 30567 Amdt No. 3233 to Part 97 of the Federal Aviation Regulations (Vol. 72, FR No. 172, page 51170, dated, 06 SEP 2007) Under Section 97.15 effective 25 OCT 2007, the Standard Instrument Approach Procedures listed below are hereby corrected to be effective for December 20, 2007. Kobuk, AK, Kobuk, RNAV

(GPS)RWY 9, Orig Kobuk, AK, Kobuk, RNAV

(GPS)RWY 27, Orig Kobuk, AK, Kobuk, Takeoff Minimums and Obstacle DP, Orig [FR Doc. E7-18335 Filed 9-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30569; Amdt. No. 3235] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective September 20, 2007. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 20, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. 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/code_of_federal_regulations/ibr_locations.html* . *Availability* —All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry. J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone:

(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the **Federal Register** expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the SIAPs, the associated Takeoff Minimums, and ODPs. This amendment also identifies the airport and its location, the procedure, and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center

(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided. Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure before adopting these SIAPs, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on September 7, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35, 97.37 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, LDA w/GS, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, MLS, TLS, GLS, WAAS PA, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; § 97.35 COPTER SIAPs, § 97.37 Takeoff Minima and Obstacle Departure Procedures. Identified as follows: * * * Effective Upon Publication Date State City Airport FDC No. Subject 04/19/07 MN St Paul St Paul Downtown Holman Fld 7/8689 ILS RWY 32, AMDT 4. 08/21/07 NY Niagara Falls Niagara Falls Intl 7/4069 TKOF MINS AND OBSTACLE DP, AMDT 2. 08/21/07 ME Sanford Sanford Regional 7/4131 TKOF MINS AND OBSTACLE DP, AMDT 2. 08/29/07 IA Le Mars Le Mars Muni 7/4988 TKOF MINS AND OBSTACLE DP, AMDT 1A. 08/29/07 WI Waukesha Waukesha County 7/4989 TKOF MINS AND OBSTACLE DP, AMDT 5. 08/29/07 OH Waverly Pike County 7/4990 TKOF MINS AND OBSTACLE DP, ORIG. 08/29/07 WI Viroqua Viroqua Muni 7/4991 TKOF MINS AND OBSTACLE DP, ORIG. 08/29/07 WI Milwaukee General Mitchell International 7/4992 TKOF MINS AND OBSTACLE DP, AMDT 5. 08/29/07 OK Woodward West Woodward 7/4993 TKOF MINS AND OBSTACLE DP, AMDT 1A. 08/29/07 TX Bridgeport Bridgeport Muni 7/4994 TKOF MINS AND OBSTACLE DP, AMDT 1A. 08/29/07 TX Midland Midland Airpark 7/4995 TKOF MINS AND OBSTACLE DP, AMDT 2A. 08/29/07 TX Corpus Christi Corpus Christi Intl 7/4996 TKOF MINS AND OBSTACLE DP, ORIG-A. 08/29/07 TX Graham Graham Muni 7/4999 TKOF MINS AND OBSTACLE DP, AMDT 2A. 08/29/07 OH Gallipolis Gallia-Meigs Regional 7/5000 TKOF MINS AND OBSTACLE DP. 08/29/07 WI Richland Center Richland 7/5001 TKOF MINS AND OBSTACLE DP, AMDT 1. 08/30/07 GA Cordele Crisp County-Cordele 7/5255 NDB OR GPS RWY 10, AMDT 4B. 08/30/07 GA Winder Winder-Barrow 7/5258 NDB OR GPS RWY 31, AMDT 8B. 08/30/07 GA Winder Winder-Barrow 7/5259 LOC RWY 31, AMDT 8B. 08/30/07 GA Winder-Barrow Winder 7/5261 VOR/DME OR GPS-A, AMDT 9B. 08/30/07 MS Aberdeen/Amory Monroe County 7/5460 VOR OR GPS RWY 18, AMDT 6B. 09/04/07 AZ Chandler Stellar Airpark 7/5784 TKOF MINS AND OBSTACLE DP, AMDT 2. [FR Doc. E7-18374 Filed 9-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9347] RIN 1545-AY22 Corporate Estimated Tax; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains a correction to final regulations that were published in the **Federal Register** on Tuesday, August 7, 2007 (72 FR 44338) providing guidance to corporations with respect to estimated tax requirements. DATES: This correction is effective September 20, 2007. FOR FURTHER INFORMATION CONTACT: Timothy Sheppard at

(202)622-4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations (TD 9347) that is the subject of this correction are under section 6655 of the Internal Revenue Code. Need for Correction As published, these regulations (TD 9347) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the final regulations (TD 9347), that was the subject of FR Doc. E7-14946, is corrected as follows: On page 44347, column 1, in the preamble, under the paragraph heading “Effect on other Documents”, paragraph 5, line 7, the language, “rational underlying the conclusion in” is corrected to read “rationale underlying the conclusion in”. LaNita Van Dyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Office of Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-18506 Filed 9-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9347] RIN 1545-AY22 Corporate Estimated Tax; Correcting Amendment AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to final regulations that were published in the **Federal Register** on Tuesday, August 7, 2007 (72 FR 44338) providing guidance to corporations with respect to estimated tax requirements. DATES: This correction is effective September 20, 2007. FOR FURTHER INFORMATION CONTACT: Timothy Sheppard at

(202)622-4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations (TD 9347) that is the subject of this correction are under section 6655 of the Internal Revenue Code. Need for Correction As published, these regulations (TD 9347) contains an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment: PART 1—INCOME TAXES 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * § 1.6655-2 [Corrected] 2. Section § 1.6655-2(g)(2) *Example.* is amended by removing the language “installment period in 2008, ABC's is” and adding the language “installment period in 2008, ABC is” in its place. LaNita Van Dyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Office of Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-18504 Filed 9-19-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [DoD-2006-OS-0209] RIN 0720-AB02 TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2006; TRICARE Dental Program AGENCY: Office of the Secretary, DoD. ACTION: Final rule. SUMMARY: This final rule implements section 713 of the National Defense Authorization Act for Fiscal Year 2006 (NDAA for FY06), Public Law 109-163. The rule provides eligibility for survivor benefits under the TRICARE Dental Program

(TDP)to include the active duty spouse of a member who dies while on active duty for a period of more than 30 days who subsequently separates from active duty during the three-year transitional survivor period. DATES: *Effective Date:* September 20, 2007. ADDRESSES: TRICARE Management Activity, Skyline 5, Suite 810, 5111 Leesburg Pike, Falls Church, VA 22041. FOR FURTHER INFORMATION CONTACT: Col. Gary C. Martin, Office of the Assistant Secretary of Defense (Health Affairs), TRICARE Management Activity, telephone

(703)681-0039. SUPPLEMENTARY INFORMATION: I. Summary of Final Rule Provisions Prior to section 713 of the FY 06 NDAA, a surviving spouse who is a member of the armed forces on active duty for a period of more than 30 days at the time the other active duty military member spouse dies, and who subsequently separates from active duty, was ineligible for the TRICARE Dental program

(TDP)survivor benefit. The surviving active duty spouse was ineligible because he or she was not enrolled in the program at the time of the spouse's death. Active duty members are not eligible for enrollment in the TDP. There are many dual military couples in the armed forces and the authority provided by section 713 of the NDAA for FY06 directs the Department to expand the eligibility for survivor benefits under the TDP to include the active duty spouse of a member who dies while on active duty for a period of more than 30 days who subsequently separates from active duty during the three-year survivor period. II. Review of Public Comments We provided a 60 day comment period on the interim final rule which was published in the **Federal Register** on November 17, 2006 (71 FR 66871). We received no public comments. III. Regulatory Procedures Executive Order

(EO)12866 Executive Order 12866 requires that a comprehensive regulatory impact analysis be performed on any economically significant regulatory action, defined as one that would result in an annual effect of $100 million or more on the national economy or which would have other substantial impacts. The Regulatory Flexibility Act

(RFA)requires that each Federal agency prepare, and make available for public comment, a regulatory flexibility analysis when the agency issues a regulation which would have a significant impact on a substantial number of small entities. This rule is not an economically significant regulatory action and will not have a significant impact on a substantial number of small entities for purposes of the RFA, thus this final rule is not subject to any of these requirements. This rule, although not economically significant under Executive Order 12866, is a significant rule under Executive Order 12866 and has been reviewed by the Office of Management and Budget. The changes set forth in this final rule involve an expansion of TRICARE benefits. Paperwork Reduction Act This rule will not impose additional information collection requirements on the public under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511). We have examined the impact(s) of the final rule under Executive Order 13132 and it does not have policies that have federalism implications that would 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, therefore, consultation with State and local officials is not required. List of Subjects in 32 CFR Part 199 Dental program, Dental health, Health care, Health insurance, Military personnel. For the reasons set out in the preamble, the Department of Defense amends 32 CFR part 199 as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. 2. Section 199.13 is amended by revising paragraphs (c)(3)(ii)(E)( *2* ), to read as follows: § 199.13 TRICARE Dental Program.

(c)* * *

(3)* * *

(ii)* * *

(E)* * * ( *2* ) *Continuation of eligibility.* Eligible dependents of active duty members while on active duty for a period of more than 30 days and eligible dependents of members of the Ready Reserve (i.e., Selected Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143 and 10144(b) respectively), shall be eligible for continued enrollment in the TDP for up to three

(3)years from the date of the member's death, if, on the date of the death of the member, the dependent is enrolled in the TDP, or is not enrolled by reason of discontinuance of a former enrollment under paragraphs (c)(3)(ii)(E)( *4* )( *ii* ) and (c)(3)(ii)(E)( *4* )( *iii* ) of this section, or is not enrolled because the dependent was under the minimum age for enrollment at the time of the member's death, or is not qualified for enrollment because the dependent is a spouse who is a member of the armed forces on active duty for a period of more than 30 days but subsequently separates or is discharged from active duty. This continued enrollment is not contingent on the Selected Reserve or Individual Ready Reserve member's own enrollment in the TDP. During the three-year period of continuous enrollment, the government will pay both the government and the beneficiary's portion of the premium share. Dated: September 13, 2007. L.M. Bynum, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 07-4654 Filed 9-19-07; 8:45 am]

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