Unknown. Final rule

7,595 words·~35 min read·/register/2007/10/02/07-4857

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-10-02.xml --- 72 190 Tuesday, October 2, 2007 Contents AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 56041-56044 07-4775 Meetings: International Food and Agriculture Development Board, 56045 E7-19396 Agricultural Agricultural Marketing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56047 E7-19418 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56045-56047 E7-19437 E7-19439 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 56096-56102 E7-19431 E7-19452 E7-19460 E7-19463 E7-19466 E7-19469 E7-19471 E7-19473 E7-19475 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 56075 E7-19392 Immunization Practices Advisory Committee, 56076 E7-19393 Infectious Diseases Scientific Counselors Board, 56076 E7-19403 Coast Guard Coast Guard RULES Drawbridge operations: North Carolina, 56013 E7-19414 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Cumberland River, Clarksville, TN, 56014-56015 07-4857 PROPOSED RULES Drawbridge operations:

Louisiana, 56025-56027 E7-19422 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 56061 07-4883 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56061-56062 E7-19424 E7-19425 Defense Defense Department RULES Non-Federal entities authorized to operate on DoD installations; support standardization, 56011-56013 E7-19449 PROPOSED RULES Non-Federal entities authorized to operate installations; procedures and support, 56021-56025 E7-19446 NOTICES Meetings:

Scientific Advisory Board, 56062 07-4850 Privacy Act; systems of records, 56062-56071 E7-19427 E7-19428 E7-19430 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* ISP Freetown Fine Chemicals, 56102 E7-19360 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56071-56072 E7-19435 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Meetings:

U.S. Government Representative to Commission for Environmental Cooperation— National and Governmental Advisory Committees, 56073 E7-19416 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings; Sunshine Act, 56074 07-4892 FAA Federal Aviation Administration RULES IFR altitudes, 56009-56010 E7-19238 NOTICES Meetings: Air Traffic Procedures Advisory Committee, 56121 E7-19413 FCC Federal Communications Commission RULES Organization, functions, and authority delegations:

Public Safety Broadband Licensee governing board, 56015-56016 E7-19445 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 56074 E7-19444 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 56072-56073 E7-19387 Federal Highway Federal Highway Administration NOTICES Meetings: Automated toll collection systems; interoperability requirements, standards, or performance specifications, 56121-56122 E7-19409 Federal Railroad Federal Railroad Administration NOTICES Environmental statements; availability, etc.:

California High Speed Train System from Bay Area to Central Valley, CA, 56122 07-4854 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56122-56123 E7-19420 Environmental statements; notice of intent: Bergen and Hudson Counties, NJ; Northern Branch Corridor, 56123-56126 E7-19434 Los Angeles, CA; Crenshaw-Prairie Transit Corridor; transit improvements, 56126-56128 E7-19415 Maricopa County, AZ; high-capacity transit improvements in I-10 West Corridor, 56128-56130 E7-19417 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:

Incidental take permits— Livingston Parish, LA; red-cockaded woodpecker, 56082-56083 E7-19402 Endangered and threatened species permit applications, determinations, etc., 56079-56082 E7-19400 E7-19401 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56076-56078 E7-19350 E7-19411 Meetings: Science Board, 56078-56079 E7-19349 Reports and guidance documents; availability, etc.: Swine respiratory disease claims; effectiveness studies; recommended study design and evaluation, 56079 E7-19412 Forest Forest Service NOTICES Appealable decisions; legal notice:

Northern Region, 56047-56048 07-4847 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Organization, functions, and authority delegations: Office of Resources and Technology, 56074-56075 07-4859 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs: Single family mortgage insurance— Defaulted mortgages; revisions, 56156-56161 E7-19459 Industry Industry and Security Bureau RULES Export administration regulations:

Commerce Control List— India: export and reexport license requirements, 56010-56011 E7-19359 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Polyethylene terephthalate film, sheet, and strip from— Korea, 56048-56052 E7-19423 Countervailing duties: Dynamic random access memory semiconductors from— Korea, 56052-56053 E7-19433 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56094-56096 E7-19440 E7-19442 Labor Labor Department See Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56102 E7-19344 Senior Executive Service Performance Review Board; membership, 56103 07-4853 Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Custer County, SD; Dacotah Cement Dewey Conveyor Project, 56083-56084 E7-19406 Merit Merit Systems Protection Board NOTICES Senior Executive Service Performance Review Board; membership, 56104 E7-19347 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56084-56093 E7-19375 E7-19376 E7-19377 E7-19379 National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56104-56105 E7-19388 National Highway National Highway Traffic Safety Administration PROPOSED RULES Vehicle identification number requirements, 56027-56036 E7-18925 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56130-56132 07-4796 National National Institute for Literacy NOTICES Meetings:

Advisory Board, 56105-56106 E7-19380 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 56016-56018 07-4855 07-4856 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 56036-56040 E7-19421 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Union Oil Co. of California et al.; Cook Inlet, AK; open water seismic operations; beluga whales, Steller sea lions, etc., 56053-56058 E7-19438 Meetings:

Gulf of Mexico Fishery Management Council, 56059 E7-19372 Mid-Atlantic Fishery Management Council, 56059-56060 E7-19371 New England Fishery Management Council, 56060 E7-19369 North Pacific Fishery Management Council, 56060-56061 E7-19370 National Park National Park Service NOTICES Environmental statements; availability, etc.: Great Smoky Mountains National Park, NC, 56093-56094 E7-19429 National Science National Science Foundation NOTICES Meetings: Computer and Information Science and Engineering Advisory Committee, 56106 E7-19355 Education and Human Resources Advisory Committee, 56106 E7-19356 International Science and Engineering Advisory Committee, 56106 E7-19357 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 56106-56107 07-4881 Overseas Overseas Private Investment Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 56107 07-4870 Personnel Personnel Management Office PROPOSED RULES Reemployment rights: Federal employees detailed and transferred to international organizations, 56019-56021 E7-19447 Presidential Presidential Documents PROCLAMATIONS Mexico; duty elimination for certain goods under the North American Free Trade Agreement (Proc. 8180), 56169-56173 07-4905 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.:

Continuance of certain Federal advisory committees (EO 13446), 56175-56178 07-4906 Interagency Adult Education Working Group; establishment (EO 13445), 56163-56167 07-4890 Courts-Martial Manual, United States; amendments (EO 13447), 56179-56239 07-4907 Reclamation Reclamation Bureau NOTICES Meetings: Colorado River Basin Salinity Control Advisory Council, 56094 E7-18751 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 56107-56108 E7-19408 Investment Company Act of 1940:

Claymore Exchange-Traded Fund Trust, et al., 56108-56109 E7-19385 Meetings; Sunshine Act, 56109-56110 E7-19384 Reports and guidance documents; availability, etc.: Public Alert: Unregistered Soliciting Entities (PAUSE) program, 56110-56111 E7-19343 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 56112-56114 E7-19361 New York Stock Exchange LLC, 56114-56115 E7-19362 Philadelphia Stock Exchange, Inc., 56116-56120 E7-19398 E7-19404 SBA Small Business Administration NOTICES Disaster loan areas:

Idaho, 56120 E7-19391 Missouri, 56120 E7-19395 Montana, 56120-56121 E7-19397 Oklahoma, 56121 E7-19390 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56132 E7-19366 Senior Executive Service Performance Review Board; membership, 56132-56134 E7-19381 E7-19382 E7-19383 Veterans Veterans Affairs Department PROPOSED RULES Compensation, pension, burial, and related benefits:

Payments to beneficiaries who are eligible for more than one benefit, 56136-56154 E7-19280 NOTICES Meetings: Former Prisoners of War Advisory Committee, 56134 07-4849 Veterans’ Advisory Committee on Education, 56134 07-4848 Veterans Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56103-56104 E7-19331 Separate Parts In This Issue Part II Veterans Affairs Department, 56136-56154 E7-19280 Part III Housing and Urban Development Department, 56156-56161 E7-19459 Part IV Executive Office of the President, Presidential Documents, 56163-56167 07-4890 Part V Executive Office of the President, Presidential Documents, 56169-56173, 56175-56239 07-4905 07-4906 07-4907 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 190 Tuesday, October 2, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 30573; Amdt. No. 470] IFR Altitudes; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule. SUMMARY: This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

DATES: *Effective Date:* 0901 UTC, October 25, 2007. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AMCAFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:

(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points

(COPs)for Federal airways, jet routes, or direct routes as prescribed in part 95. The Rule The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System, are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;

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

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 95 Airspace, Navigation (air). Issued in Washington, DC, on September 24, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective at 0901 UTC, October 25, 2007. 1. The authority citation for part 95 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44719, 44721. PART 95—[AMENDED] 2. Part 95 is amended to read as follows: Revisions to IFR Altitudes & Changeover Points Amendment 470 Effective Date October 25, 2007 From To MEA MAA § 95.4000 High Altitude RNAV Routes § 95.4024 RNAV Route Q24 Is Amended to Read in Part LAKE CHARLES, LA VORTAC PAYTN, AL FIX #*20000 45000 *18000—GPS MEA #DME/DME/IRU MEA § 95.4035 RNAV Route Q35 Is Added to Read KIMBERLY, OR VORTAC CORKR, AZ FIX *29000 45000 *DME/DME/IRU MEA CORKR, AZ FIX DRAKE, AZ VORTAC *22000 45000 *DME/DME/IRU MEA From To MEA § 95.6001 Victor Routes—U.S. § 95.6012 VOR Federal Airway V12 Is Amended to Read in Part NAPOLEON, MO VORTAC FRANC, MO FIX 3000 FRANC, MO FIX COLUMBIA, MO VOR/DME 2600 COLUMBIA, MO VOR/DME STITH, MO FIX *2600 *2100—MOCA STITH, MO FIX FORISTELL, MO VORTAC 2600 § 95.6258 VOR Federal Airway V258 Is Amended to Read in Part BECKLEY, WV VORTAC ZOOMS, WV FIX *10000 *6200—MOCA ZOOMS, WV FIX ROANOKE, VA VORTAC 6300 § 95.6316 VOR Federal Airway V316 Is Amended to Read in Part IRONWOOD, MI VORTAC SAWYER, MI VOR/DME *6000 *3600—MOCA § 95.6519 VOR Federal Airway V519 Is Amended to Read in Part BLUEFIELD, WV VORTAC BECKLEY, WV VORTAC *9000 *6300—MOCA [FR Doc. E7-19238 Filed 10-1-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 070824480-7482-01] RIN 0694-AE13 Authorization Validated End-User: Addition of India as an Eligible Destination AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: In this final rule, the Bureau of Industry and Security

(BIS)amends the Export Administration Regulations

(EAR)to add India as an eligible destination for exports, reexports and transfers under Authorization Validated End-User (VEU). BIS established Authorization VEU in a final rule published in the **Federal Register** . DATES: This rule is effective October 2, 2007. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. ADDRESSES: You may submit comments, identified by RIN 0694-AE13 (VEU India), by any of the following methods: *E-mail: publiccomments@bis.doc.gov.* Include “RIN 0694-AE13 (VEU India)” in the subject line of the message. *Fax:*

(202)482-3355. Please alert the Regulatory Policy Division, by calling

(202)482-2440, if you are faxing comments. *Mail or Hand Delivery/Courier:* Sheila Quarterman, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: RIN 0694-AE13 (VEU India). Send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to David Rostker, Office of Management and Budget (OMB), by e-mail to *David_Rostker@omb.eop.gov* , or by fax to

(202)395-7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. Comments on this collection of information should be submitted separately from comments on the final rule (i.e. RIN 0694-AE13 (VEU India))—all comments on the latter should be submitted by one of the three methods outlined above. FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User Review Committee, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044; by telephone

(202)482-6105; or by e-mail to *mrithmir@bis.doc.gov.* SUPPLEMENTARY INFORMATION: Background BIS amended the EAR in a final rule on June 19, 2007 (72 FR 33646) by creating a new authorization for “validated end-users”

(VEUs)located in eligible destinations to which eligible items (commodities, software and technology, except those controlled for missile technology or crime control reasons) may be exported, reexported or transferred without a license. This authorization is set forth in section 748.15 of the EAR. This final rule designates India in section 748.15 of the EAR as an eligible destination for exports, reexports and transfers under Authorization VEU. Designating India as an eligible destination under Authorization VEU builds upon the advances made in the U.S.-India High Technology Cooperation Group

(HTCG)and the Next Steps in Strategic Partnership (NSSP). Excellent cooperation in these fora has enabled the United States to reduce controls on the export of certain dual-use items to India. Making India a destination eligible for Authorization VEU is the logical next step in U.S.- India bilateral collaboration in high-technology trade. Authorization VEU is intended to further streamline U.S.-India trade in dual-use technologies. It will authorize the export, reexport and transfer of certain controlled U.S. technology without a license to end-users engaged in civilian end-uses in India who have demonstrated their ability to use sensitive items responsibly. As India continues to demonstrate its commitment to harmonize its export controls with those of the major multilateral control regimes, BIS anticipates that more end-users and items will be approved for Authorization VEU. This final rule amends paragraph

(b)of section 748.15 of the EAR to add India as an eligible destination for exports, reexports and transfers of dual-use items under Authorization VEU. Since August 21, 2001, the Export Administration Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by the Notice of August 15, 2007 (72 FR 46137, August 16, 2007), has continued the EAR in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222. Rulemaking 1. This final rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This regulation involves collections previously approved by the OMB under control number 0694-0088, “Multi-Purpose Application”, which carries a burden hour estimate of 58 minutes to prepare and submit form BIS-748; and for recordkeeping, reporting and review requirements in connection with Authorization Validated End-User, which carries an estimated burden of 30 minutes per submission. This rule is expected to result in a decrease in license applications submitted to BIS. Total burden hours associated with the Paperwork Reduction Act and Office and Management and Budget control number 0694-0088 are not expected to increase significantly as a result of this rule. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Therefore, this regulation is issued in final form. Although there is not formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sheila Quarterman, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects in 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. Accordingly, part 748 of the Export Administration Regulations (15 CFR Parts 730-799) is amended as follows: PART 748—[AMENDED] 1. The authority citation for 15 CFR Part 748 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). 2. Section 748.15 is amended by adding paragraph (b)(2) to read as follows: § 748.15 Authorization Validated End-User (VEU).

(b)* * *

(2)India. Dated: September 25, 2007. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. E7-19359 Filed 10-1-07; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 213 [DOD-2006-OS-0107] RIN 0790-AI18 Support for Non-Federal Entities Authorized To Operate on DoD Installations AGENCY: Department of Defense. ACTION: Final rule. SUMMARY: This rule establishes policy and assigns responsibilities under DoD Directive 5124.8 for standardizing support to non-Federal entities authorized to operate on DoD installations. It designates the Secretary of the Army as the DoD executive agent for support to Boy Scout and Girl Scout local councils and organizations in areas outside of the United States; support for the national Boy Scout jamboree; the annual DoD audit of the American Red Cross

(ARC)accounts and the subsequent report to Congress; and necessary ARC deployment support. It also designates the Secretary of the Air Force as the DoD executive agent for conducting the Armed Forces Entertainment program. It will have minimal impact on the public. DATES: *Effective Date:* This rule is effective November 1, 2007. FOR FURTHER INFORMATION CONTACT: Pam Crespi, 703-602-5004. SUPPLEMENTARY INFORMATION: On April 18, 2007 (72 FR 19411) the Department of Defense published a proposed rule for public comment. No comments were received. Executive Order 12866, “Regulatory Planning and Review” This regulatory action is not a significant regulatory action, as defined by Executive Order 12866 and does not:

(1)Have an annual effect to the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4) The regulatory action does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) The regulatory action is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. The rule establishes policy and assigns executive agent responsibilities but taken cumulatively, those changes would not have a significant impact on a substantial number of small entities. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) The regulatory action does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, “Federalism” The regulatory action does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:

(1)The States;

(2)The relationship between the National Government and the States; or

(3)The distribution of power and responsibilities among the various levels of government. List of Subjects in 32 CFR Part 213 Federal buildings and facilities. Accordingly, 32 CFR part 213 is added to read as follows: PART 213—SUPPORT FOR NON-FEDERAL ENTITIES AUTHORIZED TO OPERATE ON DOD INSTALLATIONS Sec. 213.1 Purpose. 213.2 Applicability and scope. 213.3 Definition. 213.4 Policy. 213.5 Responsibilities. Authority: 10 U.S.C. 2554 and 2606. § 213.1 Purpose.

(a)Authorizes 32 CFR part 212.

(b)Establishes policy and assigns responsibilities under DoD Directive 5124.8 1 for standardizing support to non-Federal entities authorized to operate on DoD installations. 1 Copies may be obtained at *http://www.dtic.mil/whs/directives/* .

(c)Designates the Secretary of the Army as the DoD Executive Agent (DoD EA) according to DoD Directive 5101.1: 2 2 Copies may be obtained at *http://www.dtic.mil/whs/directives/* .

(1)For DoD support to the Boy Scouts of America

(BSA)and Girl Scouts of the United States of America (GSUSA) local councils and organizations in areas outside of the United States 10 U.S.C. 2606. DoD support will also cover the periodic national jamboree according to 10 U.S.C. 2606.

(2)To perform the annual audit of the American Red Cross

(ARC)accounts and to prepare and submit the annual report to Congress according to 36 U.S.C. 300110.

(3)To provide the ARC with the necessary deployment support.

(d)Designates the Secretary of the Air Force as the DoD EA responsible for conducting the Armed Forces Entertainment

(AFE)program. § 213.2 Applicability and scope. This part:

(a)Applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the “DoD Components”) and non-Federal entities authorized to operate on DoD installations.

(b)Shall not revise, modify, or rescind any Memorandum of Understanding

(MOU)between a non-Federal entity and the U.S. Government or the Department of Defense or their implementing arrangements in existence as of the effective date of this Directive. Additionally, the Directive shall not revise, modify, or rescind any MOU between the Department of Justice

(DoJ)and the Department of Defense that is in existence as of the effective date of this Directive. Any such agreements shall, as they expire, come up for renewal, or as circumstances otherwise permit, be revised to conform to this Directive and any implementing guidance.

(c)Does not apply to banks or credit unions addressed in DoD Directive 1000.11 3 or the Civil Air Patrol according to 10 U.S.C. 2554, 2606 and 9441. 3 Copies may be obtained at *http://www.dtic.mil/whs/directives/.* § 213.3 Definition. *Non-federal entities.* A non-Federal entity is generally a self-sustaining, non-Federal person or organization, established, operated, and controlled by any individual(s) acting outside the scope of any official capacity as officers, employees, or agents of the Federal Government. This Directive addresses only those entities that may operate on DoD installations with the express consent of the installation commander or higher authority under applicable regulations. Non-Federal entities may include elements of state, interstate, Indian tribal, and local government, as well as private organizations. § 213.4 Policy. It is DoD policy that:

(a)DoD support for non-Federal entities shall be in accordance with relevant statutes as well as DoD 5500.7-R 4 . In accordance with DoD 5500.7-R and to avoid preferential treatment, DoD support should be uniform, recognizing that non-Federal entity support of Service members and their families can be important to their welfare. 4 Copies may be obtained at *http://www.dtic.mil/whs/directives/.*

(b)Under DoD Directive 5124.8 procedures shall be established as Instructions and agreements for the operation of non-Federal entities on DoD installations and for the prohibition of official sanction, endorsement, or support by the DoD Components and officials, except as authorized by DoD 5500.7-R and applicable law. Instructions and agreements must be compatible with the primary mission of the Department and provide for Congressionally authorized support to non-Federal entities on DoD installations.

(c)In accordance with DoD 5500.7-R, installation commanders or higher authority may authorize, in writing, logistical support for events, including fundraising events, sponsored by non-Federal entities covered by this part.

(d)Installation commanders or higher authority may coordinate with non-Federal entities in order to support appropriated or nonappropriated fund activities on DoD installations, so long as the support provided by the non-Federal entities does not compete with appropriated or nonappropriated fund activities.

(e)Non-Federal entities are not entitled to sovereign immunity and the privileges given to Federal entities and instrumentalities. § 213.5 Responsibilities.

(a)The Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)), under the Under Secretary of Defense for Personnel and Readiness, shall:

(1)Be responsible for implementing all policy matters and Office of the Secretary of Defense oversight of non-Federal entities on DoD installations.

(2)Develop procedures and execute any necessary agreements to implement policy for the operation of non-Federal entities on DoD installations.

(3)Assign responsibilities to the DoD Components to accomplish specific oversight and administrative responsibilities with respect to non-Federal entities operating on DoD installations.

(4)Oversee the activities of the designated DoD EA, assessing the need for continuation, currency, effectiveness, and efficiency of the DoD EA according to 10 U.S.C. 2554 and 2606. Make recommendations for establishment of additional DoD EA assignments and arrangements as necessary.

(b)The Secretary of the Army, as the designated DoD EA, and according to 10 U.S.C. 2554 and 2606, shall:

(1)Perform the audit of the annual ARC accounts and prepare and submit the annual report according to 36 U.S.C. 300110 and this part.

(2)Coordinate support to the BSA and GSUSA according to DoD Instruction 1015.9 5 and this part. 5 Copies may be obtained at *http://www.dtic.mil/whs/directives/.*

(3)Provide necessary deployment support to ARC according to an approved DoD and ARC MOU. Initially, the Army will cover costs, except those paid by the ARC. The Army will then be reimbursed, upon its request, by the entity directly benefiting from the ARC support.

(4)Designate a point of contact to coordinate matters regarding the DoD EA responsibilities, functions, and authorities.

(c)The Secretary of the Air Force, as the designated DoD EA with responsibility for conducting the AFE program, shall administer the AFE program according to 10 U.S.C. 2554 and 2606, DoD Instruction 1330.13 6 , and this part to include the following: 6 Copies may be obtained at *http://www.dtic.mil/whs/directives/.*

(1)Annually determine with the other DoD Components and the PDUSD(P&R) the scope of the program.

(2)Budget, fund, and maintain accountability for approved appropriated fund expenses. Develop and implement supplemental guidance to identify allowable expenses and reimbursements.

(3)Provide centralized services for selecting, declining, scheduling, and processing entertainment groups for overseas.

(4)Designate a point of contact to coordinate matters regarding the DoD EA responsibilities, functions, and authorities. Dated: September 26, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-19449 Filed 10-1-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-07-095] Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), at Scotts Hill, NC AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. Beginning November 1, 2007, until January 31, 2008, this deviation allows the drawbridge to remain closed-to-navigation each day from 6:30 p.m. to 6 a.m., from 9 a.m. to 11 a.m., and from 1 p.m. to 4 p.m., to facilitate sandblasting and painting operations. In addition, commercial vessel openings will be provided at night if at least three hours notice is given by calling

(910)686-0635 or via marine radio on Channel 13. DATES: This deviation is effective from 6:30 p.m. on November 1, 2007 to 6 a.m. on January 31, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is

(757)398-6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management Specialist, Fifth Coast Guard District, at

(757)398-6629. SUPPLEMENTARY INFORMATION: The Figure Eight Swing Bridge has a vertical clearance in the closed position to vessels of 20 feet, above mean high water (MHW). Also, the vertical clearance in this location is limited to 85 feet, above MHW, by the overhead power line. The Figure Eight Homeowners Association (the bridge owner) has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.821(a)(3) to close the drawbridge to navigation to facilitate sandblasting, cleaning and painting of the bridge superstructure. To facilitate this operation, the Figure Eight Swing Bridge will be maintained in the closed-to-navigation position each day beginning November 1, 2007, until January 31, 2008, from 6:30 p.m. to 6 a.m., from 9 a.m. to 11 a.m., and from 1 p.m. to 4 p.m. In addition, commercial vessel openings will be provided at night if at least three hours notice is given by calling

(910)686-0635 or via marine radio on Channel 13. At all other times, the drawbridge will operate in accordance with 33 CFR 117.821(a)(3). In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. We have analyzed this temporary deviation under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f). The environmental impact that this temporary deviation will have is minimal because of the drawbridge being closed to vessels to perform routine repair and maintenance will not result in a change in functional use, or an impact on a historically significant element or setting. Dated: September 21, 2007. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E7-19414 Filed 10-1-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. CGD08-07-010] RIN 1625-AA11 Regulated Navigation Area; Cumberland River, Clarksville, TN AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is extending the time period for a Regulated Navigation Area

(RNA)on the Cumberland River

(CMR)mile marker

(MM)126 to mile marker MM 127. All vessel traffic transiting beneath the R. J. Corman Railroad Bridge at MM 126.5 is restricted to the right descending bank

(RDB)on the CMR and tows transiting this RNA cannot be wider than 80 feet or longer than 800 feet, excluding the length of the tow boat. The original RNA ended August 2, 2007. This rule extends the ongoing RNA from September 4 to October 31, 2007. DATES: This temporary rule is effective from 4 p.m. on August 31, 2007 through 11:30 a.m. October 31, 2007. ADDRESSES: The Coast Guard is not soliciting comments on this temporary RNA. However, you may mail comments and related material to Coast Guard Sector Ohio Valley, 600 Martin Luther King Drive, Louisville, KY 40202, attention: Prevention Department. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at Coast Guard Sector Ohio Valley between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LCDR Phillip Ison, Coast Guard Sector Ohio Valley, telephone

(502)779-5448. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard originally established this RNA on April 17, 2007. We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 United States Code

(USC)553(b)(B), the Coast Guard finds that good cause exists for not publishing a NPRM and under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective immediately. The R. J. Corman Railroad Bridge on the Cumberland River was struck by a barge and was severely damaged. Repairs to this bridge have not been completed. This RNA continues to be needed to prevent further damage to the bridge and to protect vessels transiting under the bridge. Background and Purpose On March 29, 2007 at approximately 11:15 p.m., the R. J. Corman Railroad Bridge, located at MM 126.5 on the Cumberland River

(CMR)was struck by a barge being pushed by a towing vessel. The bridge sustained extensive damage. The Coast Guard set a safety zone at 7 p.m. on March 30, 2007 on the CMR from MM 126 through MM 127 halting all vessel traffic until the structural integrity of the bridge was evaluated. The operator of the bridge reported to the Coast Guard that the bridge damage was isolated to the left descending bank

(LDB)bridge pier of the bridge above the waterline. The bridge operator also informed the Coast Guard that vessels could safely transit under the bridge on the right descending bank

(RDB)of the CMR. The Coast Guard is restricting vessel movements to the RDB and is limiting tow sizes to ensure that vessels pass safely under the bridge and do not cause additional damage to the bridge. Bridge repairs were estimated to have been completed by early August 2007; however, repair work will not be completed until late October 2007. Discussion of Rule The Coast Guard is establishing a Regulated Navigation Area

(RNA)on the CMR mile marker

(MM)126 to mile marker MM 127. All vessel traffic transiting beneath the R. J. Corman Railroad Bridge at MM 126.5 is restricted to the RDB on the CMR and tows transiting this RNA cannot be wider than 80 feet or longer than 800 feet, excluding the length of the tow boat. This RNA is effective from 4 p.m. on August 31, 2007 through 11:30 a.m. October 31, 2007. This RNA may be cancelled earlier if the Coast Guard determines that it is safe for vessel traffic to transit under the bridge span adjacent to the LDB. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. Commercial vessel traffic including tow and barge traffic is being allowed to move through this RNA and this RNA will be cancelled when the Coast Guard determines that it is safe to open traffic to both sides of the R. J. Corman Railroad Bridge. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This RNA will not have an impact on a substantial number of small entities because this rule will not significantly impact the regular flow of commercial vessel traffic conducting business within the RNA. Further, the RNA will not have a significant impact because it will be in place for a limited period of time. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to Coast Guard Sector Ohio Valley at the address listed under ADDRESSES explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please contact Sector Ohio Valley at

(502)779-5412. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule does not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. This rule fits in paragraph (34)(g) because it is a regulated navigation area. A preliminary “Environmental Analysis Check List” is available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08-826 to read as follows: § 165.T08-826 Cumberland River, TN-regulated navigation area.

(a)The following is a Regulated Navigation Area (RNA): all waters of the Cumberland River

(CMR)from MM 126 CMR to MM 127 CMR.

(b)Within the RNA described in paragraph (a), vessels are restricted to the right descending bank

(RDB)of the Cumberland River and tows cannot be wider than 80 feet or longer than 800 feet, excluding the length of the tow boat.

(c)This rule is effective from 4 p.m. on August 31, 2007 through 11:30 a.m. October 31, 2007. Dated: September 7, 2007. J.H. Korn, Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist. [FR Doc. 07-4857 Filed 10-1-07; 8:45am]

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