Rules and Regulations. Notice of proposed rulemaking

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BILLING CODE 3510-22-S 72 183 Friday, September 21, 2007 Proposed Rules DEPARTMENT OF COMMERCE Bureau of Economic Analysis 15 CFR Part 806 [Docket No. 070301044-7045-01] RIN 0691-AA64 Direct Investment Surveys: BE-12, 2007 Benchmark Survey of Foreign Direct Investment in the United States AGENCY: Bureau of Economic Analysis, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: This proposed rule would amend regulations concerning the reporting requirements for the BE-12, Benchmark Survey of Foreign Direct Investment in the United States.

The BE-12 survey is conducted once every 5 years and covers virtually the entire universe of foreign direct investment in the United States in terms of value. The benchmark survey will be conducted for 2007. To address the current needs of data users while at the same time keeping the respondent burden as low as possible, BEA proposes modification, addition, or deletion of several items on the survey forms and changes in the reporting criteria. Changes proposed by BEA in the reporting requirements in this proposed rule are:

(a)Increasing the exemption level for reporting on the BE-12(LF) long form from $125 million to $175 million;

(b)increasing the exemption level for reporting on the BE-12(SF) short form from $10 million to $40 million; and

(c)increasing the exemption level for reporting on the BE-12 Bank form from $10 million to $15 million. In addition, BEA proposes to amend Form BE-12(X) by:

(1)re-naming it the Form BE-12 Claim for Not Filing and

(2)deleting several questions, which will be moved to a new Form BE-12 Mini. The Claim for Not Filing would be completed only by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by BEA concerning their reporting status. The BE-12 Mini is an abbreviated form for reporting U.S. affiliates with total assets, sales or gross operating revenues, and net income

(loss)less than or equal to $40 million. DATES: Comments on the proposed rules will receive consideration if submitted in writing on or before 5 p.m. November 20, 2007. ADDRESSES: You may submit comments, identified by RIN 0691-AA64, and referencing the agency name (Bureau of Economic Analysis), by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. For agency, select “Commerce Department—all.” • *E-mail: David.Galler@bea.gov* . • *Fax:* Office of the Chief, Direct Investment Division,

(202)606-5318. • *Mail:* Office of the Chief, Direct Investment Division, U.S. Department of Commerce, Bureau of Economic Analysis, BE-50, Washington, DC 20230. • *Hand Delivery/Courier:* Office of the Chief, Direct Investment Division, U.S. Department of Commerce, Bureau of Economic Analysis, BE-50, Shipping and Receiving, Section M100, 1441 L Street NW., Washington, DC 20005. *Public Inspection:* Comments may be inspected at BEA's offices, 1441 L Street, NW., Room 7005, between 8:30 a.m. and 5 p.m., Eastern Time Monday through Friday. FOR FURTHER INFORMATION CONTACT: David H. Galler, Chief, Direct Investment Division (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone

(202)606-9835. SUPPLEMENTARY INFORMATION: This proposed rule would amend 15 CFR 806.17 to set forth the reporting requirements for the BE-12, 2007 Benchmark Survey of Foreign Direct Investment in the United States, and 15 CFR 806.18 to list the OMB control number for this survey. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Description of Changes The BE-12 benchmark survey is a mandatory survey and is conducted once every five years by BEA under the authority of the International Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108), hereinafter, “the Act.” BEA will send the survey to potential respondents in March 2008; responses will be due by May 31, 2008. BEA maintains a continuing dialogue with respondents and with data users, including its own internal users, to ensure that, as much as possible, the required data serve their intended purposes and are available from existing records, that instructions are clear, and that unreasonable burdens are not imposed. In reaching decisions on what questions to include in the survey, BEA considered the Government's need for the data, the burden imposed on respondents, the quality of the likely responses (e.g., whether the data are readily available on respondents' books), and BEA's experience in previous benchmark and related annual surveys. To reduce respondent burden, particularly for small companies, BEA proposes the following changes to the Code of Federal Regulations:

(1)Increase the exemption level for reporting on the BE-12(LF) long form from $125 million to $175 million;

(2)increase the exemption level for reporting on the BE-12(SF) short form from $10 million to $40 million; and

(3)increase the exemption level for reporting on the BE-12 Bank form from $10 million to $15 million. In addition, BEA proposes to amend Form BE-12(X) by:

(1)Re-naming it the Form BE-12 Claim for Not Filing and

(2)deleting several questions, which will be moved to a new Form BE-12 Mini. The Claim for Not Filing would be completed only by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by BEA concerning their reporting status. The BE-12 Mini is a new abbreviated form for reporting U.S. affiliates with total assets, sales or gross operating revenues, and net income

(loss)less than or equal to $40 million. U.S. affiliates with assets, sales, and net income

(loss)less than or equal to $15 million would be required to report only selected items on the BE-12 Mini. In addition to these changes in the reporting criteria, BEA proposes several additions and subtractions of questions in order to respond to current needs of data users, while keeping the respondent burden roughly constant. Among the additions, BEA proposes to add questions to the BE-12(LF) long form, BE-12(SF) short form, and BE-12 Bank form to:

(1)Collect detail on the broad occupational structure of employment,

(2)identify companies that engage in cross-border services transactions, and

(3)identify the financial reporting standards used to compile and report the survey. For the BE-12(LF) long form, BEA proposes to add questions to collect additional detail on the composition of external finances, trade, and research and development. For the BE-12(SF) short form, BEA proposes to add questions to collect sales of goods, sales of services, and investment income for majority-owned U.S. affiliates, including sales of services to U.S. persons and to foreign persons. For the BE-12 Bank form, BEA proposes to add questions to make it easier to integrate data collected for banks with data collected for nonbank U.S affiliates. The items proposed to be collected on this form include those needed to calculate value added as well as expenditures for property, plant, and equipment; sales of goods; and sales of services to the foreign parent group(s), to foreign affiliates owned by the U.S. affiliate, and to other foreign persons. To offset the burden imposed by these additional questions, BEA proposes to discontinue collecting information on U.S. trade in goods by product, which had been collected on the BE-12(LF) long form, and to reduce the amount of detail collected for minority-owned U.S. affiliates on the BE-12(SF) short form and BE-12 Bank form. In addition, questions on services transactions between U.S. affiliates and their foreign parent group(s) would be dropped from the BE-12 survey because collection of this information has been shifted to BEA's surveys of cross-border transactions in services and intangible assets (the BE-120, BE-125, and BE-185). Survey Background The Bureau of Economic Analysis (BEA), U.S. Department of Commerce, will conduct the survey under the authority of the International Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108), hereinafter, “the Act.” Section 4(b) of the Act provides that with respect to foreign direct investment in the United States, the President shall conduct a benchmark survey covering year 1980, a benchmark survey covering year 1987, and benchmark surveys covering every fifth year thereafter. In conducting surveys pursuant to this subsection, the President shall, among other things and to the extent he determines necessary and feasible—

(1)Identify the location, nature, and magnitude of, and changes in the total investment by any parent in each of its affiliates and the financial transactions between any parent and each of its affiliates;

(2)Obtain

(A)Information on the balance sheet of parents and affiliates and related financial data,

(B)income statements, including the gross sales by primary line of business (with as much product line detail as is necessary and feasible) of parents and affiliates in each country in which they have significant operations, and

(C)related information regarding trade, including trade in both goods and services, between a parent and each of its affiliates and between each parent or affiliate and any other person;

(3)Collect employment data showing both the number of United States and foreign employees of each parent and affiliate and the levels of compensation, by country, industry, and skill level;

(4)Obtain information on tax payments by parents and affiliates by country; and

(5)Determine, by industry and country, the total dollar amount of research and development expenditures by each parent and affiliate, payments or other compensation for the transfer of technology between parents and their affiliates, and payments or other compensation received by parents or affiliates from the transfer of technology to other persons. In Section 3 of Executive Order 11961, as amended by Executive Orders 12318 and 12518, the President delegated the responsibility for performing functions under the Act concerning direct investment to the Secretary of Commerce, who has redelegated it to BEA. The benchmark surveys are BEA's censuses, intended to cover the universe of foreign direct investment in the United States in terms of value, and are BEA's most comprehensive surveys of such investment in terms of subject matter. Foreign direct investment in the United States is defined as the ownership or control, directly or indirectly, by one foreign person (foreign parent) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including a branch. The purpose of the benchmark survey is to obtain universe data on the financial and operating characteristics of U.S. affiliates, and on positions and transactions between U.S. affiliates and their foreign parent groups (which are defined to include all foreign parents and foreign affiliates of foreign parents). These data are needed to measure the size and economic significance of foreign direct investment in the United States, measure changes in such investment, and assess its impact on the U.S. economy. Such data are generally found in enterprise-level accounting records of respondent companies. These data are used to derive current universe estimates of direct investment from sample data collected in other BEA surveys in nonbenchmark years. In particular, they would serve as benchmarks for the quarterly direct investment estimates included in the U.S. international transactions and national income and product accounts, and for annual estimates of the foreign direct investment position in the United States and of the operations of the U.S. affiliates of foreign companies. As proposed, the survey would consist of a number of report forms and a claim for not filing. The amount and type of data required to be reported will vary according to the size of the U.S. affiliate, whether it is a bank or a nonbank, and whether or not it is majority-owned by foreign direct investors. The report forms that would be used in the survey consist of the following: 1. Form BE-12(LF) long form—Report for a majority-owned nonbank U.S. affiliate (a majority-owned U.S. affiliate is one in which the combined direct and indirect ownership interest of all foreign parents of the U.S. affiliate exceeds 50 percent) with total assets, sales or gross operating revenues, or net income greater than $175 million (positive or negative); 2. Form BE-12(SF) short form—Report for

(1)a majority-owned nonbank U.S. affiliate with total assets, sales or gross operating revenues, or net income greater than $40 million (positive or negative), but not greater than $175 million (positive or negative), and

(2)a minority-owned nonbank U.S. affiliate (owned 50 percent or less) with total assets, sales or gross operating revenues, or net income greater than $40 million (positive or negative); 3. Form BE-12 Bank—Report for a U.S. affiliate that is a bank; and 4. Form BE-12 Mini—Report for a nonbank U.S. affiliate with total assets, sales or gross operating revenues, and net income (positive or negative) less than or equal to $40 million. The Form BE-12 Claim for Not Filing will be provided for response by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by BEA concerning their reporting status. Executive Order 12866 This proposed rule has been determined to be not significant for purposes of E.O. 12866. Executive Order 13132 This proposed rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under E.O. 13132. Paperwork Reduction Act This proposed rule contains a new collection-of-information requirement subject to review and approval by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act (PRA). The requirement has been submitted to OMB for approval as a reinstatement, with change, of a previously approved collection for which approval has expired under OMB control number 0608-0042. BEA proposes to amend Form BE-12(X) by:

(1)Re-naming it the Form BE-12 Claim for Not Filing and

(loss)less than or equal to $40 million. U.S. affiliates with assets, sales, and net income

(loss)less than or equal to $15 million would be required to report only selected items on the BE-12 Mini. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the Paperwork Reduction Act unless that collection displays a currently valid OMB control number. The BE-12 survey, as proposed, is expected to result in the filing of reports from approximately 18,550 respondents. The respondent burden for this collection of information is estimated to vary from 20 minutes to 715 hours per response, with an average of 11.3 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Thus, the total respondent burden for the survey is estimated at 209,650 hours (18,550 times 11.3 hours average burden). Comments are requested concerning:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. Comments should be addressed to: Director, Bureau of Economic Analysis (BE-1), U.S. Department of Commerce, Washington, DC 20230; FAX: 202-606-5311; and to the Office of Management and Budget, O.I.R.A., Paperwork Reduction Project 0608-0042, Attention PRA Desk Officer for BEA, via e-mail at *pbugg@omb.eop.gov* , or by FAX at 202-395-7245. Regulatory Flexibility Act The Chief Counsel for Regulation, Department of Commerce, has certified to the Chief Counsel for Advocacy, Small Business Administration, under provisions of the Regulatory Flexibility Act (5 U.S.C. 605(b)) that this proposed rulemaking, if adopted, will not have a significant economic impact on a substantial number of small entities. The changes proposed in this rule are discussed in the preamble and are not repeated here. A BE-12 report is required of any U.S. company in which a foreign person owned or controlled, directly or indirectly, 10 percent or more of the voting securities if an incorporated U.S. business enterprise, or an equivalent interest if an unincorporated U.S. business enterprise. Most small business are not foreign owned and therefore would not be required to submit a BE-12 survey. However, for those small business that are foreign owned, the reporting burden is estimated to be small. To minimize the reporting burden on smaller U.S. companies that are foreign owned and are required to report, BEA would increase the exemption level for reporting on the BE-12(SF) short form from $10 million to $40 million and would implement a new abbreviated form, Form BE-12 Mini for those companies with total assets, sales or gross operating revenues, and net income less than or equal to $40 million (positive or negative). To further reduce reporting burden for smaller companies, for those respondents who are majority-owned nonbank U.S. companies with total assets, sales, and net income between $40 million and $175 million (positive or negative), BEA would require these companies to report on the BE-12(SF) short form. Because few small businesses are impacted by this rule, and because those small businesses that are impacted are subject to only minimal recordkeeping burdens, the Chief Counsel for Regulation certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 15 CFR Part 806 International transactions, Economic statistics, Foreign investment in the United States, Penalties, Reporting and recordkeeping requirements. Dated: September 17, 2007. J. Steven Landefeld, Director, Bureau of Economic Analysis. For the reasons set forth in the preamble, BEA proposes to amend 15 CFR part 806 as follows: PART 806—DIRECT INVESTMENT SURVEYS 1. The authority citation for 15 CFR part 806 continues to read as follows: Authority: 5 U.S.C. 301; 22 U.S.C. 3101—3108; and E.O. 11961 (3 CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3 CFR, 1981 Comp., p. 173), and E.O. 12518 (3 CFR, 1985 Comp., p. 348). 2. Sections 806.17 and 806.18 are revised to read as follows: § 806.17 Rules and regulations for BE-12, 2007 Benchmark Survey of Foreign Direct Investment in the United States. A BE-12, Benchmark Survey of Foreign Direct Investment in the United States will be conducted covering 2007. All legal authorities, provisions, definitions, and requirements contained in § 806.1 through § 806.13 and § 806.15(a) through

(g)are applicable to this survey. Specific additional rules and regulations for the BE-12 survey are given in this section.

(a)*Response required.* A response is required from persons subject to the reporting requirements of the BE-12, 2007 Benchmark Survey of Foreign Direct Investment in the United States, contained in this section, whether or not they are contacted by BEA. Also, a person, or their agent, contacted by BEA about reporting in this survey, either by sending them a report form or by written inquiry, must respond pursuant to § 806.4. This may be accomplished by:

(1)Filing the properly completed BE-12 report—Form BE-12(LF), Form BE-12(SF), Form BE-12 Mini, or Form BE-12 Bank, by May 31, 2008, as required;

(2)Completing and returning the Form BE-12 Claim for Not Filing by the due date of the survey; or

(3)Certifying in writing, by the due date of the survey, to the fact that the person is not a U.S. affiliate of a foreign person and not subject to the reporting requirements of the BE-12 survey.

(b)*Who must report* . A BE-12 report is required for each U.S. affiliate, that is, for each U.S. business enterprise in which a foreign person (foreign parent) owned or controlled, directly or indirectly, 10 percent or more of the voting securities in an incorporated U.S. business enterprise, or an equivalent interest in an unincorporated U.S. business enterprise, at the end of the business enterprise's fiscal year that ended in calendar year 2007. A BE-12 report is required even if the foreign person's ownership interest in the U.S. business enterprise was established or acquired during the 2007 reporting year. Beneficial, not record, ownership is the basis of the reporting criteria.

(c)*Forms to be filed* . (1)—Form BE-12(LF) long form must be completed by a U.S. affiliate that was majority-owned by one or more foreign parents (for purposes of this survey, a “majority-owned” U.S. affiliate is one in which the combined direct and indirect ownership interest of all foreign parents of the U.S. affiliate exceeds 50 percent), if:

(i)It is not a bank and is not owned directly or indirectly by a U.S. bank holding company or financial holding company, and

(ii)On a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the following three items for the U.S. affiliate (not just the foreign parent's share), was greater than $175 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2007:

(A)Total assets (do not net out liabilities);

(B)Sales or gross operating revenues, excluding sales taxes; or

(C)Net income after provision for U.S. income taxes.

(2)Form BE-12(SF) short form must be completed by a U.S. affiliate if:

(i)It is not a bank and is not owned directly or indirectly by a U.S. bank holding company or financial holding company, and

(ii)On a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the three items listed in paragraph (c)(1)(ii) of this section for a majority-owned U.S. affiliate (not just the foreign parent's share), was greater than $40 million (positive or negative) but none of these items was greater than $175 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2007.

(iii)On a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the three items listed in paragraph (c)(1)(ii) of this section for a minority-owned U.S. affiliate (not just the foreign parent's share), was greater than $40 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2007. (A “minority-owned” U.S. affiliate is one in which the combined direct and indirect ownership interest of all foreign parents of the U.S. affiliate is 50 percent or less.)

(3)Form BE-12 Mini must be completed by a U.S. affiliate if:

(i)It is not a bank, and is not owned directly or indirectly by a U.S. bank holding company or financial holding company, and

(ii)On a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, none of the three items listed in paragraph (c)(1)(ii) of this section for a U.S. affiliate (not just the foreign parent's share), was greater than $40 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2007.

(4)Form BE-12 Bank must be completed by a U.S. affiliate if:

(i)The U.S. affiliate is a bank. For purposes of the BE-12 survey, a “bank” is a business entity engaged in deposit banking or closely related functions, including commercial banks, Edge Act corporations engaged in international or foreign banking, U.S. branches and agencies of foreign banks whether or not they accept domestic deposits, savings and loans, savings banks, bank holding companies and financial holding companies under the Gramm-Leach-Bliley Act, including all subsidiaries or units of a bank holding company or financial holding company, and

(ii)On a fully consolidated basis any one of the three items listed in paragraph (c)(1)(ii) of this section for a U.S. affiliate (not just the foreign parent's share), was greater than $15 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2007.

(5)Form BE-12 Claim for Not Filing will be provided for response by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by BEA concerning their reporting status.

(d)*Aggregation of real estate investments.* All real estate investments of a foreign person must be aggregated for the purpose of applying the reporting criteria. A single report form must be filed to report the aggregate holdings, unless written permission has been received from BEA to do otherwise. Those holdings not aggregated must be reported separately on the same type of report that would have been required if the real estate holdings were aggregated.

(e)*Due date.* A fully completed and certified Form BE-12(LF), BE-12(SF), BE-12 Mini, BE-12 BANK, or Form BE-12 Claim for Not Filing is due to be filed with BEA not later than May 31, 2008. § 806.18 OMB control numbers assigned to the Paperwork Reduction Act.

(a)*Purpose.* This section will comply with the requirements of section 3507(f) of the Paperwork Reduction Act

(PRA)which requires agencies to display a current control number assigned by the Director of OMB for each agency information collection requirement.

(b)*Display.* 15 CFR section where identified and described Current OMB control No. 806.1 through 806.17 0608-0020 0024 0032 0004 0035 0030 0009 0023 0034 0042 0053 [FR Doc. E7-18592 Filed 9-20-07; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA-302P] RIN 1117-AB14 Record Requirements for Chemical Distributors AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Notice of Proposed Rulemaking (NPRM). SUMMARY: In March 2006, Congress enacted the Combat Methamphetamine Epidemic Act of 2005, which mandates that regulated sellers of scheduled listed chemical products self-certify with DEA before they are allowed to sell these products at retail. DEA is proposing to revise its recordkeeping requirements to include a requirement that manufacturers, distributors, and importers obtain and maintain the certification number issued by DEA to regulated sellers in their records of sales. This change will ensure that registrants verify that the regulated sellers to whom they distribute have successfully completed the mandatory self-certification process imposed by the CMEA for sales of scheduled listed chemical products. DATES: Written comments must be postmarked, and electronic comments must be sent, on or before November 20, 2007. ADDRESSES: To ensure proper handling of comments, please reference “Docket No. DEA-302” on all written and electronic correspondence. Written comments being sent via regular mail should be sent to the Deputy Assistant Administrator, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, VA 22301. Comments may be directly sent to DEA electronically by sending an electronic message to *dea.diversion.policy@usdoj.gov* . Comments may also be sent electronically through *http://www.regulations.gov* using the electronic comment form provided on that site. An electronic copy of this document is also available at the *http://www.regulations.gov* Web site. DEA will accept attachments to electronic comments in Microsoft word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept any file format other than those specifically listed here. *Posting of Public Comments:* Please note that all comments received are considered part of the public record and made available for public inspection online at *http://www.regulations.gov* and in the Drug Enforcement Administration's public docket. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all the personal identifying information you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted online or made available in the public docket. Personal identifying information and confidential business information identified and located as set forth above will be redacted and posted online and placed in the Drug Enforcement Administration's public docket file. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537; telephone:

(202)307-7297. SUPPLEMENTARY INFORMATION: DEA's Legal Authority DEA implements the Comprehensive Drug Abuse Prevention and Control Act of 1970, often referred to as the Controlled Substances Act

(CSA)and the Controlled Substances Import and Export Act (21 U.S.C. 801-971), as amended. DEA publishes the implementing regulations for these statutes in Title 21 of the Code of Federal Regulations (CFR), parts 1300 to 1399. These regulations are designed to ensure that there is a sufficient supply of controlled substances for medical, scientific, and other legitimate purposes and to deter the diversion of controlled substances to illegal purposes. The CSA mandates that DEA establish a closed system of control for manufacturing, distributing, and dispensing controlled substances. Any person who manufactures, distributes, dispenses, imports, exports, or conducts research or chemical analysis with controlled substances must register with DEA (unless exempt) and comply with the applicable requirements for the activity. The CSA as amended also requires DEA to regulate the manufacture, distribution, retail sale, import, and export of chemicals that may be used to manufacture controlled substances illegally. Listed chemicals that are classified as List I chemicals are important to the manufacture of controlled substances. Those classified as List II chemicals may be used to manufacture controlled substances. On March 9, 2006, the President signed the Combat Methamphetamine Epidemic Act of 2005 (CMEA), which is Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Pub. L. 109-177). CMEA amends the CSA by adding new provisions related to the importation, production, and sale of ephedrine, pseudoephedrine, and phenylpropanolamine, their salts, optical isomers, and salts of optical isomers, and products that contain any of the three chemicals. Products that contain any of the three chemicals and which may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act as a nonprescription drug (an “over-the-counter” drug) are defined as scheduled listed chemical products (21 U.S.C. 802(45)). Ephedrine, pseudoephedrine, and phenylpropanolamine are List I chemicals because they are used in, and important to, the illegal manufacture of methamphetamine, a Schedule II controlled substance. Products containing these List I chemicals also have legitimate medical uses. Ephedrine is used in some products for treating asthma. Pseudoephedrine, a decongestant, is a common ingredient in cold and allergy medications. In November 2000, the Food and Drug Administration

(FDA)issued a public health advisory concerning phenylpropanolamine and requested that all drug companies discontinue marketing products containing phenylpropanolamine due to risk of hemorrhagic stroke. In response, many companies voluntarily reformulated their products to exclude phenylpropanolamine. Subsequently, on December 22, 2005, FDA published a Notice of Proposed Rulemaking (70 FR 75988) proposing to categorize all over-the-counter nasal decongestants and weight control drug products containing phenylpropanolamine preparations as Category II, nonmonograph, i.e., not generally recognized as being safe for human consumption. Most products containing phenylpropanolamine intended for humans have been withdrawn from the market, but phenylpropanolamine is still sold by prescription for veterinary uses. CMEA Requirements CMEA regulates the sale of scheduled listed chemical products at retail, including the sale of those products by regulated sellers. CMEA defines regulated seller to mean a retail distributor (including a pharmacy or a mobile retail vendor) (21 U.S.C. 802(46)). Retail distributor means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor relating to drug products containing pseudoephedrine or phenylpropanolamine are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales (21 U.S.C. 802(49)). Mobile retail vendor means a person or entity that makes sales at retail from a stand that is intended to be temporary, or is capable of being moved from one location to another, whether the stand is located within or on the premises of a fixed facility (such as a kiosk at a shopping center or an airport) or whether the stand is located on unimproved real estate (such as a lot or field leased for retail purposes) (21 U.S.C. 802(47)). [Note that mail order distributors are not regulated sellers.] As of September 30, 2006, regulated sellers that wish to sell scheduled listed chemical products at retail must comply with the requirements in CMEA for product placement and packaging, recordkeeping, sales limits, and employee training and must self-certify to DEA that they are in compliance prior to selling the products. When a regulated seller self-certifies, DEA issues a self-certification certificate (DEA Form 598) which includes a certification number. The expiration date of the self-certification is printed on the self-certification certificate. Self-certifications must be renewed annually if the regulated seller continues to sell scheduled listed chemical products. Regulated sellers are not required to register with DEA although many regulated sellers may be DEA registrants because they also handle controlled substances. Note that self-certification is independent of DEA registration; the fact that an entity is a DEA registrant does not negate the requirement that the entity self-certify with DEA and receive a self-certification certificate. Proposed Rule DEA is proposing to revise 21 CFR 1310.06(a) to require that those DEA registrants who distribute scheduled listed chemical products to regulated sellers verify that the regulated seller to whom they are distributing the products has certified to DEA that the regulated seller is in compliance with the requirements for retail sales of scheduled listed chemical products. The registrant who distributes the products must also maintain the certification number as part of the sales record. This proposal is consistent with the current rule, which requires registrants to ensure that their customers are eligible to purchase listed chemicals and to record their DEA numbers, where applicable. Collecting DEA and certification numbers assists registrants to know their customers and to be certain that the customers are purchasing the products for legitimate purposes. This requirement will primarily affect distributors, although some manufacturers and importers may sell directly to regulated sellers. Under current § 1310.06, registrants are required to include the following in their sales records: • The name, address, and if applicable, the DEA number of each party to the transaction. • The date of the transaction. • The name, quantity, and form of packaging of the listed chemical. • The method of transfer. • The type of identification used by the purchaser and any unique number on that identification. DEA is proposing to add the certification number of the purchaser to the list of information that must be maintained in sales records. Normal business records can be used to meet this requirement if they include the required information. Because mail order distributors are not subject to self-certification, DEA is not requiring registrants to collect any additional information from these firms. Under the existing rule, if the mail order distributor is a DEA registrant, the DEA number must be collected as part of the sales record. Regulatory Certifications Regulatory Flexibility Act The Deputy Assistant Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act requires agencies to determine whether proposed rules would have a significant economic impact on a substantial number of small entities. DEA expects that some of the distributors subject to this rule will be small entities. The burden associated with the rule, however, is de minimis. Registrants will simply have to ask their purchasers for their DEA certification number and keep that number in their records. For firms that receive orders electronically and maintain electronic records, as many do, the certification number can simply be added to the customer's master record that is associated with individual orders. If the same customer orders multiple times during a year, the information could be collected only once a year because certifications will generally be valid for a year; initial certifications may have longer validity periods. Because the time required to collect the information and maintain the record is minimal, the Deputy Assistant Administrator has determined that this action does not require a regulatory flexibility analysis. Executive Order 12866 The Deputy Assistant Administrator further certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 § 1(b). It has been determined that this rulemaking is a significant regulatory action and, therefore, has been reviewed by the Office of Management and Budget. Paperwork Reduction Act The Paperwork Reduction Act requires agencies to estimate the burden imposed by recordkeeping and reporting. The records required under this proposed rule are standard business records. While many DEA-registered distributors may maintain the self-certification number of regulated sellers which purchase scheduled listed chemical products from them, some may not. DEA believes that the additional information that registrants would be required to collect once a year imposes a minimal burden that can be met by simply adding the item to the order form. DEA invites comment regarding whether the inclusion in distributors' records of the self-certification numbers of regulated sellers purchasing scheduled listed chemical products imposes a burden which should be quantified. The Department of Justice, Drug Enforcement Administration, has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and clearance in accordance with review procedures of the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. All comments and suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Mark W. Caverly, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments regarding the information-collection aspects of this rule should address one or more of the following four points:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* New collection.

(2)*Title of the Form/Collection:* [Insert title same as above and on OMB 83-I].

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection* : *Form Number:* None. Office of Diversion Control, Drug Enforcement Administration. U.S. Department of Justice.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* Business or other for-profit. *Other:* None. *Abstract:* Title 21, United States Code, Section 830, and Title 21, Code of Federal Regulations, part 1314 require that any person who is a regulated seller of scheduled listed chemical products to self-certify to DEA that it has trained its staff in the requirements for selling scheduled listed chemical products and is in compliance with DEA regulations. To ensure that persons distributing scheduled listed chemical products sell only to regulated sellers who are eligible to sell them, DEA is requiring distributors to collect and retain the certification number DEA issues to regulated sellers when they self-certify.

(5)An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: DEA estimates that 38,926 persons will respond to this collection annually, with each response taking an estimated 2 minutes. DEA estimated the number of responses as follows. As of August 6, 2007, 75,721 regulated sellers had self-certified to DEA. Of those, 39,917 certifications were filed by 103 chains. There were, therefore, 36,804 regulated sellers who filed as individual regulated sellers. For regulated sellers that belonged to chains that filed certifications for their stores, DEA assumed that the chain held the master list and would provide the self-certification numbers of each self-certified location to distributors from whom the chain orders scheduled listed chemical products. Thirty of the self-certified chains are also registered as chemical or controlled substance distributors; these chains, therefore, do not need to take any additional action to provide information to the distributor. The number of regulated sellers who would need to provide the self-certification number to a distributor is the 36,804 individual regulated sellers plus the 73 chains that do not serve as their owner distributors. In addition, DEA assumes that 2,049 controlled substance and chemical distributors would have to collect the information. This estimate is conservative because not all of these distributors handle scheduled listed chemical products.

(6)An estimate of the total public burden (in hours) associated with the collection: DEA estimates that this collection will take 1,298 hours annually. If additional information is required contact: Lynn Bryant, Department Clearance Officer, Information Management and Security Staff, Justice Management Division, Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Executive Order 12988 This regulation meets the applicable standards set forth in §§ 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. Executive Order 13132 This rulemaking does not preempt or modify any provision of State law; nor does it impose enforcement responsibilities on any State; nor does it diminish the power of any State to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. 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 $120,000,000 or more (adjusted for inflation) in any one year, and 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. Congressional Review Act This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act). 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 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. List of Subjects in 21 CFR Part 1310 Drug traffic control, Exports, Imports, Reporting and recordkeeping requirements. For the reasons set out above, 21 CFR part 1310 is proposed to be amended as follows: PART 1310—RECORDS AND REPORTS OF LISTED CHEMICALS AND CERTAIN MACHINES 1. The authority citation for part 1310 continues to read as follows: Authority: 21 U.S.C. 802, 827(h), 830, 871(b), 890. 2. Section 1310.06 is proposed to be amended by revising paragraph

(a)introductory text and by adding (a)(6) to read as follows: § 1310.06 Content of records and reports.

(a)Each record required by § 1310.03 shall include all of the following:

(6)For distributions of scheduled listed chemical products to regulated sellers, the regulated seller's (i.e., the purchaser's) DEA certification number issued in accordance with section 1314.40(b) of this chapter. Dated: September 12, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. E7-18530 Filed 9-20-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-142695-05] RIN 1545-BF00 Employee Benefits—Cafeteria Plans; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking. SUMMARY: This document contains a correction to a notice of proposed rulemaking (REG-142695-05) that was published in the **Federal Register** on Monday, August 6, 2007 (72 FR 43938) providing guidance on cafeteria plans. FOR FURTHER INFORMATION CONTACT: Mireille T. Khoury at

(202)622-6080 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The correction notice that is the subject of this document is under section 125 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking (REG-142695-05) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of proposed rulemaking (REG-142695-05), which was the subject of FR Doc. E7-14827, is corrected as follows: On page 43942, column 1, in the preamble, under the paragraph heading “ *Nonqualified Benefits* ”, line 10, the language “Sess. 29, reprinted in 1996 U.S.C.C.A.N.” is corrected to read “Sess. 296, reprinted in 1996 U.S.C.C.A.N.”. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-18608 Filed 9-20-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-128224-06] RIN 1545-BF80 Section 67 Limitations on Estates or Trusts; Hearing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Change of location for public hearing. SUMMARY: This document provides a change of location for a public hearing on proposed regulations providing guidance on which costs incurred by estates or non-grantor trusts are subject to the 2-percent floor for miscellaneous itemized deductions under section 67(a). DATES: The public hearing is being held on Wednesday, November 14, 2007, at 10 a.m. ADDRESSES: The public hearing was originally being held in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. The hearing location has changed. The public hearing will be held in room 2615, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: LaNita Van Dyke,

(202)622-3215 or Richard Hurst at *Richard.A.Hurst@irscounsel.treas.gov* . SUPPLEMENTARY INFORMATION: The subject of the public hearing is a notice of proposed rulemaking (REG-128224-06) that was published in the **Federal Register** on Friday, July 27, 2007 (72 FR 41243). The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons, who submit outlines and written comments by October 24 and 25, 2007 respectively, may present oral comments at the hearing. A period of 10 minutes is allotted to each person for presenting oral comments. The IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-18607 Filed 9-20-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-142695-05] RIN 1545-BF00 Employee Benefits—Cafeteria Plans; Hearing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Change of location for public hearing. SUMMARY: This document provides a change of location for a public hearing on proposed regulations providing guidance on cafeteria plans. DATES: The public hearing is being held on Thursday, November 15, 2007, at 10 a.m. ADDRESSES: The public hearing was originally being held in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. The hearing location has changed. The public hearing will be held in room 2615, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: LaNita Van Dyke,

(202)622-3215 or Oluwafunmilayo Taylor,

(202)622-7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: The subject of the public hearing is a notice of proposed rulemaking (REG-142695-05) that was published in the **Federal Register** on Monday, August 6, 2007 (72 FR 43938). The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons, who submit outlines and written comments by October 25 and November 5, 2007 respectively, may present oral comments at the hearing. A period of 10 minutes is allotted to each person for presenting oral comments. The IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-18606 Filed 9-20-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 [Docket No. 070717357-7399-01] RIN 0648-AV77 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce ACTION: Advance notice of proposed rulemaking (ANPR). SUMMARY: NMFS announces that it is considering and seeking public comment on the potential implementation of management measures in the Federal American lobster ( *Homarus americanus* ) fishery compatible with recommendations for Federal action as specified in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP). These management measures may include: 100 percent mandatory dealer reporting requirements for Federal American lobster dealers; implementation of an American lobster maximum size limit (maximum carapace length restriction) in several Lobster Management Areas (LMA); and, revision to the definition of a V-notch for protection of egg-bearing female American lobsters in several LMAs in the Federal American lobster fishery. NMFS is considering implementation of these management measures based on ISFMP actions taken by the Commission in response to recommendations provided in the most recent peer-reviewed lobster stock assessment, completed by the Commission in December 2005. DATES: Comments must be received by October 22, 2007. ADDRESSES: Written comments should be sent to Harold Mears, State, Federal and Constituent Programs Office, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. Comments may also be sent via e-mail to *LobsterJuly07@noaa.gov* , via fax

(978)281-9117 or via the Federal e-Rulemaking portal at *www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Robert Ross, Fishery Management Specialist,

(978)281-9234, fax

(978)281-9117, e-mail *bob.ross@noaa.gov* . SUPPLEMENTARY INFORMATION: American lobsters are managed within the framework of the Commission. In 1999, NMFS transferred its Federal lobster fishery regulations from the New England Fishery Management Council (Council) to the Commission (64 FR 68228, dated December 6, 1999). The logic was straightforward, since 80 percent of the lobster fishery occurs in state waters, Federal action alone could no longer ensure that the Council process could prevent overfishing. The Commission is a deliberative body comprised of representatives both from the Atlantic coastal states and the Federal Government. The Commission serves to develop fishery conservation and management strategies for certain coastal species and coordinates the efforts of the states and Federal Government toward concerted sustainable ends. The Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) 16 U.S.C. 5101 *et seq.* , directs the Federal Government to support the management efforts of the Commission. Additionally, to the extent the Federal Government seeks to regulate a Commission species, the regulations must be

(1)compatible with the effective implementation of an ISFMP developed by the Commission, and

(2)consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 *et seq.* ). These Federal regulations are promulgated pursuant to the Atlantic Coastal Act and are codified at 50 CFR part 697. The Commission set forth the foundation of its American Lobster ISFMP in Amendment 3 to the ISFMP (Amendment 3), approved in December 1997. However, the Commission's American lobster management strategy is neither predicated upon a single measure nor is it contained within a single document. Rather, the structure is based on facilitating ongoing adaptive management with necessary elements implemented over time. The intent of Amendment 3 is to achieve a healthy American lobster resource and to develop a management regime that provides for sustained harvest, maintains opportunities for participation, and provides for the cooperative development of conservation measures by all stakeholders. In short, Amendment 3 was envisioned to provide much of the framework upon which future lobster management to be set forth in later addenda would be based. In particular, Amendment 3 employed a participatory management approach by creating the seven lobster management areas, each with its own lobster conservation management team

(LCMT)comprised of industry members. Amendment 3 tasked the LCMTs with providing recommendations for area-specific management measures to the Board to meet the lobster egg production and effort reduction goals of the ISFMP. Eleven addenda to Amendment 3 have been approved since 1999, including Addendum X to Amendment 3 (Addendum X), approved in February 2007, and Addendum XI to Amendment 3 (Addendum XI), approved in May 2007. The measures proposed in this ANPR, and the recommendation by the Commission for the Federal Government to implement complementary regulations to those measures, are contained in Addenda X and XI. The purpose of Addenda I through IX to Amendment 3 was summarized in a previous ANPR published in the **Federal Register** on December 18, 2006 (71 FR75705). The actions specified in this document are based on actions taken by the Commission as a result of information contained in the most recent peer-reviewed lobster stock assessment completed by the Commission in December 2005. The 2005 lobster stock assessment reported that the American lobster resource presents a mixed picture for the three stocks of American lobster. The assessment indicated that there is stable abundance for the offshore Georges Bank

(GBK)stock, and much of the Gulf of Maine

(GOM)stock, and decreased abundance and recruitment, yet continued high fishing mortality rates, for the SNE stock and in Statistical Area 514 (Massachusetts Bay and Stellwagen Bank) in the GOM stock. In addition, echoing recommendations from the 2000 stock assessment, the 2005 assessment report stated that the scientific and statistical data available for lobster assessments are woefully inadequate for the management needs of the fishery, and that the primary limitation on the ability to manage lobster is limited data. One of the key recommendations of the 2005 assessment report was the need for implementation of a standardized mandatory reporting system for American lobster. Based on the 2005 stock assessment recommendations, a standardized mandatory reporting system for American lobster was incorporated in Addendum X. Addendum X establishes a coast-wide reporting and data collection program that includes both dealer and harvester reporting requirements. Specifically, the addendum requires states to implement, by January 1, 2008, 100 percent mandatory dealer reporting consistent with protocols under the Atlantic Coastal Cooperative Statistics Program (ACCSP) found at *http://www.accsp.org/cfstandards.htm* , and a reporting requirement for at least 10 percent of harvesters. Addendum X also includes recommendations for complementary Federal action. A review of 3,217 American lobster vessel permits indicates that an estimated 2,000 Federal lobster permit holders (62 percent of all Federal lobster fishing vessels) are subject to mandatory reporting requirements by virtue of regulations pertinent to other Federally managed fisheries. Thus, NMFS is already achieving the 10 percent target for the harvesting sector specified in Addendum X, and intends no further requirements for vessel reporting at this time. Conversely, review of reporting requirements for 505 Federally permitted lobster dealers indicates that of these, 356 Federal lobster dealers or approximately 70 percent, are currently obligated to report lobster sales by virtue of regulations for other Federally managed fisheries. Therefore, NMFS announces that it is considering and seeking public comment on implementation of Federal regulations that would extend full mandatory reporting coverage to the remaining 30 percent of Federal lobster dealer permit holders not already encompassed by existing Federal regulations. Of particular concern in the 2005 assessment report is the SNE stock, where depleted stock abundance and poor recruitment of juvenile lobsters, coupled with high fishing mortality rates, led the stock assessment and peer review panel to recommend additional harvest restrictions for SNE. The SNE stock extends from the waters south of Cape Cod, Massachusetts to the waters off North Carolina, and encompasses all of Lobster Conservation Management Areas

(Area)4, 5, and 6, and part of Area 2 and 3. According to the assessment, in SNE, 61-72 percent of the fishable stock is made up of new entrants into the legal fishery, and the 2005 stock assessment report noted concern that the fishery is too dependent on these new recruits. Based on recommendations in the 2005 assessment report, the Commission, in May 2007, approved Addendum XI that specifies additional lobster management measures for the SNE stock. Addendum XI also includes recommendations for complementary Federal action. Specific to this regulatory action, Addendum XI requires impacted states to implement a maximum legal carapace size limit of 5-1/4 inches (13.34 centimeters (cm)) in all SNE nearshore Areas (Area 2, 4, 5, and 6) by July 1, 2008, and implement a maximum legal carapace size limit of 7 inches (17.78 cm) in the offshore Area 3, and subsequently decreasing over a two year period to 6-3/4 inches (17.15 cm) by July 1, 2010. In addition to the maximum size limit, Addendum XI modifies the current V-notch definition in SNE. Current Federal regulations prohibit possession of a female lobster bearing a V-shaped notch on its tail. The current Federal standard V-notch definition in SNE is defined to be any female lobster that bears a straight sided triangular cut, without setal hairs, a least 1/4 inch (0.64 cm) deep, and tapering to a point. This standard V-notch definition is likely to protect notched lobsters until they molt or shed their exoskeleton for the first time after notching. Addendum XI modifies the V-notch definition to be any female lobster that bears a notch or indentation at least 1/8th inch (0.32 cm) deep, with or without setal hairs. This modified V-notch definition may protect notched lobsters for up to two molt cycles, a period that may span three or more years. This Notice announces and seeks public comment on NMFS' intention to implement a lobster maximum legal carapace size limits and modified V-notch definition compatible with those specified in Addendum XI. Classification This ANPR has been determined to be not significant for the purposes of Executive Order 12866. Authority: 16 U.S.C. 5101 *et seq.* Dated: September 14, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7-18589 Filed 9-20-07; 8:45 am] BILLING CODE 3510-22-S 72 183 Friday, September 21, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 17, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(FGP)offers credit guarantees to facilitate the financing of U.S. manufactured goods and services to improve or establish agriculture infrastructure in emerging markets. Sales under FGP are considered normal commercial sales. The FGP makes available export credit guarantees to encourage U.S. private sector financing of foreign purchase of U.S. goods and services on credit terms. The Foreign Agricultural Service

(FAS)will collect information in a letter format via mail or facsimile. *Need and Use of the Information:* FAS will collect information to determine eligibility for FGP benefits and to ensure CCC that all participants have a business office in the U.S. and are not debarred or suspended from participating in government programs. FAS will use the application to determine a project's eligibility for FGP coverage and to determine the impact on U.S. agricultural trade. The information requested will provide CCC with adequate information to meet statutory requirements. If the information were not collected, CCC would be unable to determine if export sales under the FGP would be eligible for coverage or if coverage conformed to program requirements. *Description of Respondents:* Business or Other For-Profit. *Number of Respondents:* 5. *Frequency of Responses:* Recordkeeping; Reporting; On Occasion. *Total Burden Hours:* 329. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-18610 Filed 9-20-07; 8:45 am] BILLING CODE 3410-10-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 17, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(1)Describe trends in beef cow-calf health and management practices,

(2)evaluate management factors related to beef quality assurance,

(3)describe recordkeeping practices on cow-calf operations,

(4)determine producer awareness of bovine viral diarrhea

(BVD)and management practices used for BVD control,

(5)describe current biosecurity practices and producer motivation for implementing or not implementing biosecurity practices, and

(6)determine the prevalence and antimicrobial resistance patterns of potential food-safety pathogens. This information will help the United States detect trends in the management, production, and health status of the Nation's beef industry over time. *Description of Respondents:* Business or Other For-Profit. *Number of Respondents:* 4,000. *Frequency of Responses:* Reporting: On Occasion. *Total Burden Hours:* 12,742. On July 13, 2007, the 60-day notice was published as 0579-0079 the agency has decided to submit this as a new collection under 0579-New. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-18611 Filed 9-20-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 18, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Agricultural Marketing Service *Title:* Generic Fruit Crops, Marketing Order Administration Branch. *OMB Control Number:* 0581-0189. *Summary of Collection:* Industries enter into a marketing order program under the Agricultural Marketing Agreement Act

(AMAA)of 1937, as amended by U.S.C. 601-674. Marketing Order programs provide an opportunity for producers of fresh fruits in specified production areas, to work together to solve marketing problems that cannot be solved individually. Order regulations help ensure adequate supplies of high quality product and adequate returns to producers. Under the market orders, producers and handlers are nominated by their respective peers and serve as representatives on their respective committees/boards. *Need and Use of the Information:* The information collected is essential to provide the respondents the type of service they request. The committees and boards have developed forms as a means for persons to file required information relating to supplies, shipments, and dispositions of their respective commodities. The information is used only by the authorized committees employees and representatives of USDA including AMS, Fruit and Vegetable Programs' regional and headquarters' staff to administer the marketing order programs. *Description of Respondents:* Business or Other For-Profit; Farms. *Number of Respondents:* 16,043. *Frequency of Responses:* Recordkeeping; Reporting; On Occasion, Quarterly; Biennially; Weekly; Semi-Annually; Monthly; Annually. *Total Burden Hours:* 8,460. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E7-18659 Filed 9-20-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 18, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(FAS)information on:

(1)The quantity of a reportable commodity to be sold to a foreign buyer;

(2)the country of destination; and

(3)the marketing year of shipment. The authority to collect this information is found at 7 CFR Part 20 and the Agricultural Trade Act of 1978 (7 U.S.C. 5712). *Need and Use of the Information:* The collected information is needed because it provides up-to-date market data for making rational export policy decisions to prevent market disruptions. FAS reports the information to the public so that all market participants can be aware of such sales and can evaluate the effects of exports on supply and demand estimates of production, prices, and sales. If the information is not collected, the Department would not be in compliance with the statutes and not fulfilling the objectives of the export sales reporting program. *Description of Respondents:* Business or Other For-Profit. *Number of Respondents:* 340. *Frequency of Responses:* Reporting: Quarterly; Weekly. *Total Burden Hours:* 42,947. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-18660 Filed 9-20-07; 8:45 am] BILLING CODE 3410-10-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 18, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal and Plant Health Inspection Service *Title:* Importation Of Animal & Poultry, Animal/Poultry Products, Certain Animal Embryos, Semen, And Zoological Animals. *OMB Control Number:* 0579-0040. *Summary of Collection:* Title 21 U.S.C. 117, Animal Industry Act of 1884, authorizes the Secretary to prevent, control and eliminate domestic diseases such as brucellosis and tuberculosis, as well as to take actions to prevent and to manage exotic diseases such as foot-and-mouth disease and rinderpest. To fulfill this mission the Animal and Plant Health Inspection Service (APHIS) collects pertinent information from those individuals who import animals and poultry, animal and poultry products, zoological animals, or animal germplasm into the United States. APHIS will collect information using several forms. *Need and Use of the Information:* APHIS will collect information on the origin of the animal or product to be imported, the health status of the animal to be imported and whether the animal or product was temporarily offloaded in another country during its journey to the United States. This vital information helps APHIS to ensure that these imports do not introduce exotic animal diseases into the United States. If the information was not collected it would cripple or destroy APHIS ability to protect the United States form exotic animal disease incursions. *Description of Respondents:* Business or other for-profit; Farms; Individuals or households; Federal Government; State, Local or Tribal Government. *Number of Respondents:* 77,976. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 326,125. Animal and Plant Health Inspection Service *Title:* Communicable Diseases in Horses. *OMB Control Number:* 0579-0127. *Summary of Collection:* Title 21, U.S.C. 117 Animal Industry Act of 1884 authorizes the Secretary to prevent, control and eliminate domestic diseases such as equine infectious anemia, as well as to take action to prevent and to manage exotic diseases such as contagious equine metritis and other foreign animal diseases. The Animal and Plant Health Inspection Service (APHIS) regulates the importation and interstate movement of animals and animal products, and conducts various other activities to protect the health of the nation's livestock and poultry. The regulations in 9 CFR 75.4 govern the interstate movement of equines that have tested positive to an official test for EIA and provide for the approval of laboratories, diagnostic facilities, and research facilities. *Need and Use of the Information:* The information collected from forms, APHIS VS 10-11, Equine Infectious Anemia Laboratory Test, 10-12, Equine Infectious Anemia Supplemental Investigation and 1-27, Permit for the Movement of Restricted Animals, will be used to prevent the spread of equine infectious anemia. Regulations require the use of an official EIA test, a certificate for the interstate movement of an EIA reactor, and proper identification of the reactor, as well as recordkeeping by accredited and State veterinarians; laboratory, diagnostic, and research facility personnel; and stockyard personnel. Without the information it would be impossible for APHIS to effectively regulate the interstate movement of horses infected with EIA. *Description of Respondents:* Farms; Business Or Other For-Profit; State, Local And Tribal Government. *Number of Respondents:* 10,000. *Frequency of Responses:* Recordkeeping; Reporting: On Occasion. *Total Burden Hours:* 174,330. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E7-18662 Filed 9-20-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—WIC Breastfeeding Peer Counseling Study AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the WIC Breastfeeding Peer Counseling Study. This study will assess the implementation of the Loving Support peer counseling program in State and local WIC agencies across the country. DATES: Written comments must be received on or before November 20, 2007. ADDRESSES: Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Steven Carlson, Director, Office of Analysis, Nutrition and Evaluation, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 1014, Alexandria, VA 22302. Comments may also be submitted via fax to the attention of Steven Carlson at 703-305-2576 or via email to *Steve.Carlson@fns.usda.gov* . All written comments will be open for public inspection at the office of the Food and Nutrition Service during regular business hours (8:30 a.m. to 5 p.m., Monday through Friday) at Room 1014, 3101 Park Center Drive, Alexandria, Virginia 22302. All responses to this notice will be summarized and included in the request for OMB approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of this information collection should be directed to Steven Carlson at 703-305-2017. SUPPLEMENTARY INFORMATION: *Title:* WIC Breastfeeding Peer Counseling Study. *OMB Number:* Not yet assigned. *Form Number:* N/A. *Expiration Date:* Not yet determined. *Type of Request:* New collection of information. *Abstract:* Beginning in Fiscal Year 2004 and continuing through to the present, Congress appropriated about $15 million per year for States to support breastfeeding peer counseling in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Prior research has suggested that peer counseling may increase breastfeeding duration rates, and is associated with positive outcomes in minority groups that have proven difficult for WIC to support in the initiation and continuation of breastfeeding. A primary objective of the WIC Breastfeeding Peer Counseling Study is to assess the implementation of the Loving Support peer counseling program, specifically developed for WIC, in the 86 States and Indian Tribal Organizations that have accepted peer counseling funds, and in a sample of 40 local WIC agencies and organizations that collaborate with these agencies, and in 20 local WIC clinics. *Affected Public:* Multiple respondents may be required to complete each data collection instrument. At the State level, respondents include State WIC directors, State WIC breastfeeding and peer counseling coordinators, and State budget officers. At the local level, respondents will include staff at the local WIC agency, including the local WIC director, local breastfeeding and peer counselor coordinators, budget officer, peer counselors, and the person that manages the local WIC agency database; local WIC clinic director or supervisor, local WIC clinic peer counseling coordinator or supervisor, and peer counselors; and the contact person for an agency or organization that collaborates on the local WIC Loving Support peer counseling program. *Estimated Number of Respondents:* 618 total. This includes directors of 86 State WIC agencies who will complete a web-based survey, likely with the aid of 86 State breastfeeding or peer counseling coordinators and 86 State WIC budget officers. Interviews at the local WIC agency will include 40 local WIC directors, 40 local WIC breastfeeding or peer counselor coordinators, 40 local WIC budget officers, 40 local WIC agency database managers; and an average of two peer counselors per local WIC agency (80 peer counselors). Forty individuals representing organizations that collaborate with local WIC agencies (e.g., hospitals) will also be interviewed. Interviews at 20 local clinics will be held with 20 local WIC clinic directors or supervisors, 20 local WIC clinic peer counselor coordinators or supervisors, and an average of two peer counselors per local WIC clinic (40 peer counselors). Estimated Time per Response Respondent Number Number of responses per respondent Minutes Total minutes State WIC Director 86 1 60 5,160 State Breastfeeding or Peer Counselor Coordinator 86 1 60 5,160 State budget officer 86 1 30 2,580 Local WIC Agency Director 40 1 60 2,400 Local WIC Breastfeeding or Peer Counselor Coordinator 40 1 90 3,600 Local budget officer 40 1 30 1,200 Local WIC Agency Database Manager 40 1 30 1,200 Peer Counselors 80 1 30 2,400 Local WIC Clinic Director or Supervisor 20 1 60 1,200 Local WIC Clinic Peer Counselor Coordinator or Supervisor 20 1 60 1,200 Peer Counselors 40 1 30 1,200 Liaison/contact person in an organization collaborating with WIC local agencies on peer counseling 40 1 60 2,400 Total Respondent Burden 29,700 *Number of Responses per Respondent:* Each instrument will be administered once to each respondent. *Estimated Total Annual Burden on Respondents:* 495 hours *Estimated Time per Response:* 0.80 of an hour or 48 minutes Dated: September 11, 2007. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E7-18700 Filed 9-20-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2007-0031] Codex Alimentarius Commission: Meeting of the Codex Committee on Nutrition and Foods for Special Dietary Uses AGENCY: Office of the Under Secretary for Food Safety, USDA. ACTION: Notice of public meeting and request for comments. SUMMARY: The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture

(USDA)and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services

(HHS)are sponsoring a public meeting on September 25, 2007. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States positions that will be discussed at the 29th Session of the Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) of the Codex Alimentarius Commission (Codex), which will be held in Bad Neuenahr-Ahrweiler, Germany on November 12-November 16, 2007. In addition, an *Ad Hoc* Working Group on the Revision of the Standard for Gluten-Free Foods will meet on November 10, 2007. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 29th Session of CCNFSDU and to address items on the agenda. DATES: The public meeting is scheduled for Tuesday, September 25, 2007, from 1 p.m. to 4 p.m. ADDRESSES: The public meeting will be held in the Auditorium (1A003), Food and Drug Administration, Harvey Wiley Federal Building, 5100 Paint Branch Parkway, College Park, MD. Parking is adjacent to this building and will be available at no charge to individuals who pre-register by the date below (See Pre-Registration). In addition, the College Park metro station is across the street. Codex documents related to the 29th Session of the CCNFSDU will be accessible via the World Wide Web at the following address: *http://www.codexalimentarius.net/current.asp.* *Pre-Registration* : To gain admittance to this meeting, individuals must present a photo ID for identification and also *are required to pre-register* . In addition, no cameras or videotaping equipment will be permitted in the meeting room. To pre-register, please send the following information to this e-mail address ( *nancy.crane@fda.hhs.gov* ) by *September 20, 2007:* : —Your Name. —Organization. —Mailing Address. —Phone number. —E-mail address. *For Further Information About the 29th Session of the CCNFSDU Contact* : Nancy Crane, Assistant to the U.S. Delegate to the CCNFSDU, Office of Nutritional Products, Labeling and Dietary Supplements, Center for Food Safety and Applied Nutrition, FDA, 5100 Paint Branch Parkway (HFS-800), College Park, MD 20740, Phone:

(301)436-1450, Fax:

(301)436-2636, E-mail: *nancy.crane@fda.hhs.gov* . *For Further Information About the Public Meeting Contact* : Edith Kennard, Staff Officer, U.S. Codex Office, Food Safety and Inspection Service (FSIS), Room 4861, South Building, 1400 Independence Avenue SW., Washington, DC 20250, Phone:

(202)720-5261, Fax:

(202)720-3157, E-mail: *edith.kennard@fsis.usda.gov* . SUPPLEMENTARY INFORMATION: Background The Codex Alimentarius (Codex) was established in 1963 by two United Nations organizations, the Food and Agriculture Organization and the World Health Organization. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure that fair practices are used in trade. The Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) was established to study specific nutritional problems assigned to it by the Commission and advise the Commission on general nutritional issues; to draft general provisions as appropriate, concerning the nutritional aspects of all foods; to develop standards, guidelines, or related texts for foods for special dietary uses, in cooperation with other committees when necessary; and to consider, amend if necessary, and endorse provisions on nutritional aspects proposed for inclusion in Codex standards, guidelines, and related texts. The Committee is hosted by the Federal Republic of Germany. Issues to be Discussed at the Public Meeting The following items on the Agenda for the 29th Session of the Committee will be discussed during the public meeting: • Matters Referred to the Committee from Other Codex Bodies. • Guidelines for Use of Nutrition Claims: Draft Table of Conditions for Nutrient Contents: (Part B, containing provisions on Dietary Fibre). • Draft Revised Standard for Gluten-Free Foods. • Proposed Draft Revision of the Advisory List of Nutrient Compounds for Use in Foods for Special Dietary Uses Intended for Use by Infants and Young Children. • Proposed Draft Recommendations on the Scientific Basis of Health Claims. • Application of Risk Analysis Principles by the Committee on Nutrition and Foods for Special Dietary Uses. • Discussion Paper on the Proposals for Additional or Revised Nutrient Reference Values for Labelling Purposes. • Discussion Paper on the Production and Processing Standards Regarding the Nutritional Quality and Safety of Foods. • Discussion Paper on the Proposal for New Work to Amend the Codex General Principles for the Addition of Essential Nutrients. Each issue listed will be fully described in documents distributed, or to be distributed, by the German Secretariat prior to the Meeting. Members of the public may access copies of these documents at *http://www.codexalimentarius.net/current.asp* . Public Meeting At the September 25, 2007, public meeting, draft U.S. positions on these agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 29th session of CCNFSDU, Dr. Barbara Schneeman, at *CCNFSDU@fda.hhs.gov* . Written comments should state that they relate to activities of the 29th Session of the CCNFSDU. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2007_Notices_Index/* . FSIS will also make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC on: September 18, 2007. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. E7-18718 Filed 9-20-07; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2007-0034] Codex Alimentarius Commission: First Session of the Codex Ad Hoc Intergovernmental Task Force on Antimicrobial Resistance AGENCY: Office of the Under Secretary for Food Safety, USDA. ACTION: Notice of public meeting. SUMMARY: The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Food and Drug Administration

(FDA)are sponsoring a public meeting on September 24, 2007, to discuss the agenda items coming before the First Session of the Codex *Ad Hoc* Intergovernmental Task Force on Antimicrobial Resistance

(AMR)and to present draft U.S. positions on the agenda items. The First Session on AMR will be held in Seoul, Korea, October 23-26, 2007. The Under Secretary and FDA recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be discussed at this forthcoming session on AMR. DATES: The public meeting is scheduled for Monday, September 24, 2007, from 2 p.m. to 4 p.m. ADDRESSES: The public meeting will be held in Room 107A Whitten Building, 1400 Independence Avenue, SW., Washington, DC (Please enter USDA at the Whitten Building Entrance. If taking Metro, exit on the Mall side of the Smithsonian stop). Documents related to the First Session of the AMR Task Force will be accessible via the World Wide Web at the following address: *http://www.codexalimentarius.net/current.asp.* *For Further Information About the First Session on AMR Contact* : U.S. Delegate, Dr. David White, Director, National Antimicrobial Resistance Monitoring System (NARMS), FDA, Center for Veterinary Medicine, Office of Research, 8401 Muirkirk Rd., Laurel, MD 20798, Tel:

(301)210-4181, E-mail: *david.white@fda.hhs.gov.* *For Further Information About the Public Meeting Contact* : Edith Kennard, Staff Officer, U.S. Codex Office, Food Safety and Inspection Service (FSIS), Room 4861, South Building, 1400 Independence Avenue, SW., Washington, DC 20250, Phone:

(202)720-5261, Fax:

(FAO)and the World Health Organization (WHO). Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure that fair practices are used in trade. The Codex *Ad Hoc* Intergovernmental Task Force on Antimicrobial Resistance was established by the 29th Session of the Codex Alimentarius Commission in 2006. The Task Force is to develop science-based guidance to assess the risks to human health associated with the presence in food and feed (including aquaculture) of antimicrobial resistant microorganisms and antimicrobial resistance genes and the transmission through food and feed of antimicrobial resistant microorganisms and antimicrobial resistance genes. The Task Force is also to develop appropriate risk management advice based on that assessment to reduce such risk. The Task Force, which is hosted by the Republic of Korea, is to complete its work within four sessions. Issues To Be Discussed at the Public Meeting The following items on the agenda for the First Session on AMR will be discussed during the September 24, 2007, public meeting: • Matters Referred to the Committee from Other Codex Bodies. • Review of the Work by FAO, WHO and the World Organisation for Animal health

(OIE)on Antimicrobial Resistance. • Consideration of the Elaboration of Standards, Guidelines or Other Texts on Antimicrobial Resistance (comments submitted in response to Circular Letter 2006/38-AMR). Each issue listed will be fully described in documents distributed, or to be distributed, by the Korean Secretariat to the Meeting. Members of the public may access copies of these documents at *http://www.codexalimentarius.net/current.asp.* Public Meeting At the September 24, 2007, public meeting, draft U.S. positions on these agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate on AMR, Dr. David White, at *david.white@fda.hhs.gov* . Written comments should state that they relate to activities of the First Session of the Task Force on AMR. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2007_Notices_Index/.* FSIS will also make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC on: September 17, 2007. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. E7-18719 Filed 9-20-07; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2007-0035] National Advisory Committee on Microbiological Criteria for Foods AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice of public meeting. SUMMARY: This notice announces that the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) will hold public meetings of the full Committee and subcommittees on September 24-28, 2007. The Committee will discuss:

(1)Assessment of the food safety importance of *Mycobacterium avium subspecies paratuberculosis,*

(2)Determination of the most appropriate technologies for the Food Safety and Inspection Service

(FSIS)to adopt in performing routine and baseline microbiological analyses, and

(3)Parameters for inoculated-pack challenge study protocols. DATES: The full Committee will hold an open meeting on Friday, September 28, from 9 a.m. to 12:45 p.m. The Subcommittee on Assessment of the Food Safety Importance of *Mycobacterium avium subspecies paratuberculosis* will hold an open meeting on Monday, September 24, 2007, from 8:30 a.m. to 5 p.m. The Subcommittee on Determination of the Most Appropriate Technologies for the FSIS to Adopt in Performing Routine and Baseline Microbiological Analyses will hold open meetings on Monday, September 24, 2007, from 1:30 p.m. to 5 p.m, and on Tuesday, September 25 and Wednesday, September 26 from 8:30 a.m. to 5 p.m. The Subcommittee on parameters for Inoculated-Pack Challenge Study Protocols will hold open meetings on Wednesday, September 26 and Thursday, September 27, from 8:30 a.m. to 5 p.m. ADDRESSES: The September 24-27, 2007, subcommittee meetings will be held at the Aerospace Center, 901 D. Street, SW., Rooms 369-371, Washington, DC 20024. The September 28, 2007, full Committee meeting will be held in the conference room at the south end of the U.S. Department of Agriculture

(USDA)cafeteria located in the South Building, 1400 Independence Avenue, SW., Washington, DC 20250. All documents related to the full Committee meeting will be available for public inspection in the FSIS Docket Room, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 2534 South Building, Washington, DC 20250, between 8:30 a.m. and 4:30 p.m., Monday through Friday, as soon as they become available. The NACMCF documents will also be available on the Internet at *http://www.fsis.usda.gov/regulations/2007_Notices_Index/.* FSIS will finalize an agenda on or before the meeting dates and post it on the FSIS Web page at *http://www.fsis.usda.gov/News/Meetings_&_Events/. * Please note that the meeting agenda is subject to change due to the time required for Committee discussions; thus, sessions could start or end earlier or later than anticipated. Please plan accordingly if you would like to attend a particular session or participate in a public comment period. Also, the official transcript of the September 28, 2007, full Committee meeting, when it becomes available, will be kept in the FSIS Docket Room at the above address and will also be posted on *http://www.fsis.usda.gov/About/NACMCF_Meetings/.* The mailing address for the contact person is: Karen Thomas-Sharp, U.S. Department of Agriculture, FSIS, Office of Public Health Science, 1400 Independence Avenue, SW., 333 Aerospace Center, Washington, DC 20250-3766. FOR FURTHER INFORMATION CONTACT: Persons interested in making a presentation, submitting technical papers, or providing comments at the September 28, plenary session should contact Karen Thomas-Sharp, phone

(202)690-6620, fax

(202)690-6334, e-mail: *Karen.thomas-sharp@fsis.usda.gov* or at the mailing address above. Persons requiring a sign language interpreter or other special accommodations should notify Mrs. Thomas-Sharp by September 17, 2007. SUPPLEMENTARY INFORMATION: Background The NACMCF was established in 1988, in response to a recommendation of the National Academy of Sciences for an interagency approach to microbiological criteria for foods, and in response to a recommendation of the U.S. House of Representatives Committee on Appropriations, as expressed in the Rural Development, Agriculture, and Related Agencies Appropriation Bill for fiscal year 1988. The charter for the NACMCF is available for viewing on the FSIS Internet Web page at *http://www.fsis.usda.gov/About/NACMCF_Charter/.* The NACMCF provides scientific advice and recommendations to the Secretary of Agriculture and the Secretary of Health and Human Services on public health issues relative to the safety and wholesomeness of the U.S. food supply, including development of microbiological criteria and review and evaluation of epidemiological and risk assessment data and methodologies for assessing microbiological hazards in foods. The Committee also provides scientific advice and recommendations to the Centers for Disease Control and Prevention and the Departments of Commerce and Defense. Dr. Richard Raymond, Under Secretary for Food Safety, U. S. Department of Agriculture, is the Committee Chair; Dr. Robert E. Brackett, Director of the Food and Drug Administration's Center for Food Safety and Applied Nutrition (CFSAN), is the Vice-Chair; and Gerri Ransom, FSIS, is the Executive Secretary. At the subcommittee meetings the week of September 24-27, 2007 the groups will discuss: • Assessment of the food safety importance of *Mycobacterium avium subspecies paratuberculosis,* • The determination of the most appropriate technologies for the FSIS adopt in performing routine and baseline microbiological analyses, and • Parameters for inoculated pack challenge study protocols. Documents Reviewed by NACMCF FSIS intends to make available to the public all materials that are reviewed and considered by NACMCF regarding its deliberations. Generally, these materials will be made available as soon as possible after the full Committee meeting. Further, FSIS intends to make these materials available in electronic format on the FSIS Web page, as well as in hard copy format in the FSIS Docket Room. Often, an attempt is made to make the materials available at the start of the full Committee meeting when sufficient time is allowed in advance to do so. *Disclaimer:* NACMCF documents and comments posted on the FSIS Web site are electronic conversions from a variety of source formats. In some cases, document conversion may result in character translation or formatting errors. The original document is the official, legal copy. In order to meet the electronic and information technology accessibility standards in section 508 of the Rehabilitation Act, NACMCF may add alternate text descriptors for non-text elements (graphs, charts, tables, multimedia, etc.). These modifications only affect the online copies of the documents. Copyrighted documents will not be posted on the FSIS Web site, but will be available for inspection in the FSIS Docket Room. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2007_Notices_Index/.* FSIS will also make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC on: September 18, 2007. Alfred V. Almanza, Administrator. [FR Doc. E7-18699 Filed 9-20-07; 8:45 am] BILLING CODE 3410-DM-P \ DEPARTMENT OF AGRICULTURE Forest Service Plumas County Resource Advisory Committee

(RAC)AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: The Plumas County Resource Advisory Committee

(RAC)will hold a meeting on September 21, 2007, in Quincy, CA. The purpose of the meeting is to review applications for Cycle 7 funding and select projects to be recommended to the Plumas or Lassen National Forest Supervisor for calendar year 2008 funding consideration. The funding is available under the Title II provisions of the Secure Rural Schools and Community Self-Determination Act of 2000. *Date & Address:* The meeting will take place from 9-4 at the Mineral Building-Plumas/Sierra County Fairgrounds, 208 Fairgrounds Road, Quincy, CA. FOR FURTHER INFORMATION CONTACT: Or for special Lee Anne Schramel Taylor, Forest Coordinator, USDA, Plumas National Forest, P.O. Box 11500/159 Lawrence Street, Quincy, CA 95971;

(530)283-7850; or by e-mail *eataylor@fs.fed.us.* SUPPLEMENTARY INFORMATION: Agenda items for the September 21 meeting include:

(1)Forest Service Update;

(2)Future Legislation Potential; and

(3)Recommendations for funding distribution, potentially including current Cycle 6 projects not yet approved. The meetings are open to the public and individuals may address the Committee after being recognized by the Chair. Other RAC information including previous meeting agendas and minutes may be obtained at *http://www.fs.fed.us/payments.* Dated: September 13, 2007. Fred J. Krueger, Public Services Staff Officer. [FR Doc. 07-4661 Filed 9-20-07; 8:45 am]

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