Unknown. Interim rule with request for comments

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-10-05.xml --- 72 193 Friday, October 5, 2007 Contents AID Agency for International Development NOTICES Meetings: Voluntary Foreign Aid Advisory Committee, 56981 E7-19687 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.:

Nonregulated status determinations— Pioneer Hi-Bred International, Inc.; soybean genetically engineered for tolerance to glyphosate and acetolactate synthase-inhibiting herbicides, 56981-56983 E7-19801 Army Army Department NOTICES Meetings: Western Hemisphere Institute for Security Cooperation Board of Visitors, 56992 07-4947 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-19505 57034-57035 E7-19506 Medicare:

Inpatient hospital deductible and hospital and extended care services coinsurance amounts (2008 CY), 57035-57037 07-4911 Part A premium; uninsured aged and certain disabled individuals who have exhausted other entitlement (CY 2008), 57037-57039 07-4909 Part B; monthly actuarial rates, premium rate, and annual deductible for calendar year 2008, 57039-57047 07-4910 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57047-57048 07-4943 Coast Guard Coast Guard RULES Drawbridge operations:

Louisiana, 56898 07-4860 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Long Beach Harbor, Long Beach CA, 56898-56901 E7-19675 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Appomattox River, Hopewell, VA, 56972-56974 E7-19676 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57053-57054 E7-19674 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E7-19716 56983-56984 E7-19717 Copyright Copyright Royalty Board, Library of Congress PROPOSED RULES Noncommercial educational broadcasting; copyrighted works use; statutory license rates and terms Correction, 57101 Z7-18939 Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56990-56992 07-4950 07-4951 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

Dana Corp., 57069-57070 E7-19723 Hanes Brands Inc., 57070 E7-19726 Hutchinson Technology, 57070 E7-19725 Information Systems Network, 57070-57071 E7-19722 Labor surplus areas classification: Annual list, 57071-57072 E7-19707 Energy Energy Department See Energy Efficiency and Renewable Energy Office NOTICES Reports and guidance documents; availability, etc.: National Electric Transmission Congestion Study, 56992-57028 E7-19731 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Hydrogen Storage Engineering Center of Excellence; pre-solicitation meeting, 57028-57029 E7-19689 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: North Carolina, 56914-56920 E7-19317 Pennsylvania, 56911-56914 E7-19516 Toxic substances: Significant new uses— Mercury, 56903-56911 E7-19705 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: North Carolina, 56974 E7-19318 Pennsylvania, 56975 E7-19517 NOTICES Environmental statements; availability, etc.:

Agency comment availability, 57029-57030 E7-19719 Agency weekly receipts, 57030-57031 E7-19720 Solid wastes: Municipal solid waste landfill permit programs— Various States, 57031-57032 E7-19704 FAA Federal Aviation Administration RULES Airworthiness directives: Alpha Aviation Design Ltd., 56890-56891 E7-19501 DG Flugzeugbau GmbH, 56891-56894 E7-19682 Standard instrument approach procedures, 56894-56896 E7-19240 PROPOSED RULES Aircraft: Automatic dependent surveillance- broadcast; out performance requirements to support air traffic control service, 56947-56972 07-4938 Airworthiness directives:

Honeywell, 56945-56947 E7-19684 NOTICES Exemption petitions; summary and disposition, 57096 E7-19669 FCC Federal Communications Commission RULES Radio services, special: Private land mobile services— 800 MHz band; public safety communications improvement; waiver petitions, 56923-56926 E7-19641 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 57032-57033 07-4967 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Various States, 56920-56923 E7-19681 PROPOSED RULES Flood elevation determinations: Various States, 56975-56979 E7-19680 NOTICES Disaster and emergency areas: Missouri, 57054 E7-19679 Federal Law Federal Law Enforcement Training Center NOTICES Meetings: Office of State and Local Training Advisory Committee, 57052 07-4958 Federal Motor Federal Motor Carrier Safety Administration NOTICES Grants and cooperative agreements; availability, etc.: Border Enforcement Program, 57096 E7-19677 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57097-57099 E7-19678 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve Banks (Regulation A):

Primary and secondary credit; rates decrease Correction, 56889-56890 E7-19691 NOTICES Banks and bank holding companies: Change in bank control, 57033 E7-19693 Formations, acquisitions, and mergers, 57033 E7-19694 Fish Fish and Wildlife Service RULES Migratory bird permits: Migratory birds removal from buildings, 56926-56929 E7-19712 PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Polar bear, 56979-56980 07-4946 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Polysulfated glycosaminoglycan, 56896 E7-19729 Ractopamine, 56896-56898 E7-19732 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56990-56992 07-4950 07-4951 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Ethanol production, differentiating grain inputs and standardized testing of ethanol production co-products; USDA role, 56945 E7-19733 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57033-57034 E7-19724 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57048-57049 E7-19721 Reports and guidance documents; availability, etc.:

Reimbursement of Travel and Subsistence Expenses toward Living Organ Donations Program; eligibility criteria, 57049-57052 E7-19747 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Federal Law Enforcement Training Center Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 57054-57056 E7-19664 E7-19665 E7-19766 Homeless assistance; excess and surplus Federal properties, 57056-57057 E7-19443 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance:

Pueblo of Tesuque Indian Reservation, NM, 57057-57062 E7-19740 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Meetings: Blackstone River Valley National Heritage Corridor Commission, 57057 07-4942 International International Trade Administration NOTICES Antidumping: Stainless steel bar from— Germany, 56985 E7-19710 Grants and cooperative agreements; availability, etc.: China and India; U.S. Electronic Education Fairs, 56985-56986 E7-19734 International International Trade Commission NOTICES Import investigations:

Polyethylene terephthalate film, sheet, and strip from— Various countries, 57068-57069 E7-19683 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Meetings: Job Corps Advisory Committee, 57069 E7-19645 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Lander and Eureka Counties, NV: Cortez Hills Expansion Project, 57062-57063 E7-19696 Vernal, UT; non-wilderness study area lands with wilderness characteristics, 57063-57064 E7-19706 Environmental statements; notice of intent:

Uintah County, UT; Natural Buttes Area Gas Development Project, 57064-57065 E7-19692 Environmental statements; record of decision: Western United States and Alaska; vegetation treatments using herbicides on public lands, 57065 E7-19699 Recreation management restrictions, etc.: Nye County, NV; permanent closure to target shooting, 57065-57067 E7-19698 Recapture Canyon, UT; off-highway vehicle use; closure, 57067 E7-19700 Survey plat filings: Colorado, 57067-57068 E7-19708 Library Library of Congress See Copyright Royalty Board, Library of Congress Merit Merit Systems Protection Board RULES Practice and procedures:

Homeland Security Department human resources management system, 56883-56889 E7-19574 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56990-56992 07-4950 07-4951 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands pacific cod, 56933-56934 07-4955 Pacific cod, 56934-56935 07-4956 Atlantic coastal fisheries cooperative management— American lobster, 56935-56944 E7-19713 Atlantic highly migratory species— Atlantic swordfish, 56929-56933 E7-19715 Marine mammals:

Commercial fishing authorizations— Atlantic Large Whale take reduction plan, 57104-57194 07-4904 NOTICES Endangered and threatened species: Critical habitat designations— Puget Sound, WA; five rockfish species, 56986-56990 E7-19743 Meetings: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 56990 E7-19718 National Science National Science Foundation NOTICES Meetings: Equal Opportunities in Science and Engineering Commitee; correction, 57074-57075 E7-19656 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Bayer Pharmaceuticals Corp., 57076-57077 E7-19688 Meetings: Medical Uses of Isotopes Advisory Committee, 57077-57078 E7-19685 *Applications, hearings, determinations, etc.:* Omaha Public Power District, 57075-57076 07-4939 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57072-57074 E7-19695 Postal Postal Service RULES Domestic Mail Manual: Lithium batteries; revised mailing standards, 56901-56903 E7-19051 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 57078 E7-19709 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 57078-57081 E7-19670 Financial Industry Regulatory Authority, Inc., 57081-57083 E7-19673 NASDAQ Stock Market LLC, 57083-57087 E7-19672 E7-19697 National Stock Exchange, Inc., 57087-57089 E7-19671 State State Department NOTICES Reports and guidance documents; availability, etc.: Diversity Immigrant Visa Program; registration instructions, 57089-57096 E7-19730 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Ontario Central Railroad Corp., 57099 E7-19714 Railroad operation, acquisition, construction, etc.:

Canadian Pacific Railway, 57099 E7-19601 Georgia Midland Railroad, Inc., 57099-57100 E7-19491 Thrift Thrift Supervision Office NOTICES Receiver appointments: Netbank, Alpharetta, GA, 57100 07-4957 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Meetings:

Women Veterans Advisory Committee, 57100 07-4944 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 57104-57194 07-4904 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. 72 193 Friday, October 5, 2007 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Parts 1201, 1210, and 1215 Interim Regulatory Changes Regarding Department of Homeland Security Personnel System AGENCY:

Merit Systems Protection Board. ACTION: Interim rule with request for comments. SUMMARY: The Merit Systems Protection Board (MSPB or “the Board”) is revising its regulations to clarify the procedures applicable to MSPB processing and adjudication of cases arising under the Department of Homeland Security's new human resources management system established pursuant to the Homeland Security Act of 2002. As is discussed below, these revisions to the Board's regulations are necessary to reconcile the Board's regulations and procedures with final regulations published by the Department of Homeland Security

(DHS)and the Office of Personnel Management

(OPM)on February 1, 2005, at 70 FR 5272. DATES: This rule is effective on November 5, 2007. Written comments should be submitted on or before November 5, 2007. ADDRESSES: Send or deliver comments to the Office of Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419; fax:

(202)653-7130; or e-mail: *mspb@mspb.gov.* FOR FURTHER INFORMATION CONTACT: Matthew D. Shannon, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419;

(202)653-7200; fax:

(202)653-7130; or e-mail: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: On November 25, 2002, the President signed into law H.R. 5005, the Homeland Security Act of 2002 (Pub. L. 107-296), which established DHS and authorized the DHS Secretary and OPM Director to jointly establish a new human resources management system within DHS. Pursuant to this grant of authority, on February 20, 2004, DHS and OPM published proposed regulations (69 FR 8030) for this new human resources system. Thereafter, on February 1, 2005, DHS and OPM published final regulations (70 FR 5272) implementing the new DHS personnel system. Afterwards, the National Treasury Employees Union, American Federation of Government Employees, National Federation of Federal Employees, National Association of Agriculture Employees, and Metal Trades Department of the AFL-CIO, which collectively represent approximately 50,000 DHS bargaining unit employees, challenged portions of the regulations governing labor-management relations, adverse actions, and the appeals process. One of the provisions of the DHS regulations that was challenged is 5 CFR 9701.706(k)(6), which changes the standard by which the Board may mitigate penalties imposed by DHS. Pursuant to that provision, an arbitrator, adjudicating official or the Board may not modify such a penalty unless it is so disproportionate to the basis for the action as to be wholly without justification. The U.S. District Court for the District of Columbia enjoined the mitigation provision. *NTEU* v. *Chertoff* , 385 F.Supp.2d 1, 32-33 (D.D.C.), modification denied by, 394 F.Supp.2d 137 (D.D.C. 2005). A panel of the U.S. Court of Appeals for the D.C. Circuit reversed on this issue, holding that the question of the mitigation standard's legality was not ripe for judicial review. *NTEU* v. *Chertoff* , 452 F.3d 839, 855 (D.C. Cir. 2006). Therefore, the MSPB's regulations include that mitigation standard. Subparts F and G of the final DHS/OPM regulations concern adverse actions and appeals and will have a significant effect on the way the MSPB processes and adjudicates appeals of adverse actions by DHS employees. In addition to limiting the types of cases that may be appealed to the Board, the final DHS/OPM regulations make many changes in how the Board will process and adjudicate appeals by DHS employees, including: Shortened filing deadlines; Streamlined and limited discovery procedures; New settlement procedures; Limitations on the right to a hearing; Summary judgment and limitation of issues; Time limits within which the Board must issue decisions; Procedures for Board review of a decision of the DHS Mandatory Removal Panel (MRP); and, Changes in certain standards of review. In order to accommodate these substantive and procedural changes with the least possible confusion and delay, the Board determined to publish the following interim amendments to its regulations. Specifically, these changes involve amendments to 5 CFR part 1201 and the promulgation of new regulations applicable only to appeals, petitions for review, and requests for review of MRP decisions brought by DHS employees. These new DHS-specific regulations are being published in a revised 5 CFR part 1210. The regulations previously found in 5 CFR part 1210 have been moved, redesignated as 5 CFR part 1215, and are otherwise not changed. A brief summary of the changes contained herein is as follows: 1201.3(a)(19) and

(20)are amended and 1201.3(a)(21) is added to reflect the Board's jurisdiction over certain actions taken by DHS (an unrelated housekeeping change is also made to 1201.3(a)(20)); 1201.3(b)(3) is amended to reflect the Board's jurisdiction over certain actions taken by DHS and to make clear that 5 CFR parts 1201, 1208 and 1209 apply to proceedings brought under 5 CFR part 1210, except as otherwise provided therein; 1201.11 is amended to state that the regulations of subpart B of 5 CFR part 1201 apply to appellate proceedings covered by part 1210 unless other specific provisions are made in that part; 1201.14(i) is amended to indicate that the Board's rules applicable to electronic signatures by e-filers apply to any regulation in part 1210 that requires a signature; 1201.21 is renumbered and amended to delete an outdated reference to Appendix 1. A new section (1201.21(b)) addresses notice of appeal rights when DHS issues a decision notice to an employee on a matter that is appealable to the Board. 1201.22(b)(2) is amended to indicate that additional time limits applicable to certain appeals by DHS employees are contained in part 1210. The debt management regulations formerly in part 1210 are moved and redesignated as part 1215. As is discussed in greater detail below, new regulations regarding appeals by DHS employees are added in part 1210. Parts 1211, 1212, 1213, and 1214 are reserved for future agency-specific regulations. The new regulations in part 1210 apply to Board proceedings in appeals of certain DHS adverse actions that are covered under subparts F and G of 5 CFR part 9701. Part 1210 consists of four subparts. Subpart A of part 1210 discusses the scope of part 1210 and the Board's policy with regard to application of part 1210 in a fair and expeditious manner (1210.1); addresses MSPB jurisdiction (1210.2); sets forth the applicability of 5 CFR parts 1201, 1208, and 1209 to appeals by DHS employees (1210.3); defines certain words and terms used within part 1210 (1210.4); describes when and how the Board and/or an adjudicating official may revoke, amend or waive the regulations in part 1201 (1210.5); and adds a savings provision indicating that part 1210 does not apply to adverse actions proposed prior to the date of an affected employee's coverage under 5 CFR part 9701, subpart G (1210.6). Subpart B of part 1210 sets forth procedures for appeals of actions taken under 5 CFR Part 9701, Subpart F, including agency responsibilities regarding notice of appeal rights (1210.10); procedures for filing an appeal (1210.11); representation by, and disqualification of, representatives (1210.12); burden and degree of proof and affirmative defenses (1210.13); required disclosure and the scope of discovery (1210.14); discovery procedures (1210.15); intervention by the Director of OPM (1210.16); procedures applicable to settlement (1210.17); case suspension procedures (1210.18); the right to a hearing (1210.19); summary judgment (1210.20); and requirements pertaining to the adjudicating official's initial decision, including completion deadlines and interim relief (1210.21). Subpart C of part 1210 addresses procedures applicable to petitions for review of initial decisions and petitions for reconsideration, including requirements such as who may file and the use of electronic filing (1210.30(a)); time limits applicable to petitions for review, cross petitions for review and responses (1210.30(b)); the proper place for filing petitions for review, cross petitions for review, and responses (1210.30(c)); time limits within which the Board must render its decision (1210.30(d)); the ramifications of the Board's failure to meet such time limits (1210.30(e)); and requirements applicable to an OPM request for reconsideration (1210.31). Subpart D of part 1210 addresses MSPB review of decisions of the Mandatory Removal Panel (MRP), including jurisdiction and procedures and time limits applicable to a request for review (1210.40); the standard of review and time limits applicable to a decision by the Board (1210.41); intervention by the Director of OPM (1210.42); finality of Board decisions and judicial review (1210.43); and requests for reconsideration (1210.44). List of Subjects in 5 CFR Parts 1201, 1210, and 1215 Administrative practice and procedure, Government employees. Accordingly, the Board amends 5 CFR Chapter II as follows: PART 1201—[AMENDED] 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204 and 7701. 2. Section 1201.3 is amended by revising paragraphs (a)(19) and (a)(20) and adding new paragraphs (a)(21) and (b)(3) as follows: § 1201.3 Appellate jurisdiction.

(a)* * *

(19)Employment practices administered by the Office of Personnel Management to examine and evaluate the qualifications of applicants for appointment in the competitive service (5 CFR 300.104);

(20)Reduction-in-force action affecting a career or career candidate appointee in the Foreign Service (22 U.S.C. 4011); and

(21)Actions taken by the Department of Homeland Security under subpart F of 5 CFR part 9701, except for those matters excluded under 5 CFR 1210.2(c) and (d). Actions covered include suspensions of 15 days or more, demotions, reductions in pay, removals, or furloughs of 30 days or less, subject to the limitations set forth in 5 CFR 9701.704.

(b)* * *

(3)*Appeals of certain actions taken by the Department of Homeland Security.* Appeals of actions taken by the Department of Homeland Security under subpart F of 5 CFR part 9701, except for those matters excluded under 5 CFR 1210.2

(c)and (d), are governed by part 1210 of this title. Parts 1201, 1208 and 1209 of this title apply to Board appellate proceedings conducted under 5 CFR part 1210, except as otherwise provided therein. 3. Section 1201.11 is revised to read as follows: § 1201.11 Scope and policy. The regulations in this subpart apply to Board appellate proceedings except as otherwise provided in § 1201.13. The regulations in this subpart apply also to appellate proceedings and stay requests covered by part 1209 unless other specific provisions are made in that part. These regulations also apply to original jurisdiction proceedings of the Board except as otherwise provided in subpart D. The regulations in this subpart apply also to appellate proceedings covered by part 1210 unless other specific provisions are made in that part. It is the Board's policy that these rules will be applied in a manner that expedites the processing of each case. 4. Section 1201.14 is amended by revising paragraph

(i)to read as follows: § 1201.14 Electronic filing procedures.

(i)*Documents requiring a signature.* An electronic document filed by a party who has registered as an e-filer pursuant to this section shall be deemed to be signed for purposes of any regulation in part 1201, 1203, 1208, 1209, or 1210 of this title that requires a signature. 5. Section 1201.21 is revised to read as follows: § 1201.21 Notice of appeal rights.

(a)When an agency issues a decision notice to an employee on a matter that is appealable to the Board, the agency must provide the employee with the following:

(1)Notice of the time limits for appealing to the Board, the requirements of § 1201.22(c), and the address of the appropriate Board office for filing the appeal;

(2)A copy, or access to a copy, of the Board's regulations;

(3)A copy of the MSPB appeal form available at the Board's Web site( *http://www.mspb.gov* ), and

(4)Notice of any right the employee has to file a grievance, including:

(i)Whether the election of any applicable grievance procedure will result in waiver of the employee's right to file an appeal with the Board;

(ii)Whether both an appeal to the Board and a grievance may be filed on the same matter and, if so, the circumstances under which proceeding with one will preclude proceeding with the other, and specific notice that filing a grievance will not extend the time limit for filing an appeal with the Board; and

(iii)Whether there is any right to request Board review of a final decision on a grievance in accordance with § 1201.154(d).

(b)When the Department of Homeland Security (or component thereof) issues a decision notice to an employee on a matter that is appealable to the Board, except as provided under 5 CFR 9701.707, the Department must comply with the notice provisions set forth in 5 CFR 1210.10. 6. Section 1201.22 is amended by revising paragraph (b)(2) to read as follows: § 1201.22 Filing an appeal and responses to appeals.

(b)* * *

(2)The time limit prescribed by paragraph (b)(1) of this section for filing an appeal does not apply where a law or regulation establishes a different time limit or where there is no applicable time limit. No time limit applies to appeals under the Uniformed Services Employment and Reemployment Rights Act (Pub. L. 103-353), as amended; see part 1208 of this title. See part 1208 of this title for the statutory filing time limits applicable to appeals under the Veterans Employment Opportunities Act (Pub. L. 105-339). See part 1209 of this title for the statutory filing time limits applicable to whistleblower appeals and stay requests. See part 1210 of this title for time limits applicable to appeals by employees of the Department of Homeland Security. PART 1210—[REDESIGNATED AS PART 1215] 7. Part 1210 is redesignated as part 1215. PART 1215—[AMENDED] 8. In newly redesignated part 1215, remove “1210” and add in its place “1215” wherever it may occur. 9. Add a new part 1210 to read as follows: PART 1210—DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM Subpart A—Jurisdiction, Definitions, and Waiver of Rules Sec. 1210.1 Scope and policy. 1210.2 Jurisdiction. 1210.3 Application. 1210.4 Definitions. 1210.5 Revocation, amendment and waiver of regulations in this part. 1210.6 Savings provision. Subpart B—Procedures for Appeals of Actions Taken Under 5 CFR Part 9701, Subpart F Sec. 1210.10 Notice of appeal rights. 1210.11 Filing an appeal. 1210.12 Representatives. 1210.13 Burden and degree of proof; affirmative defenses. 1210.14 Initial disclosures; scope of discovery. 1210.15 Discovery procedures. 1210.16 Intervention. 1210.17 Settlement. 1210.18 Case suspension procedures; use of the Mediation Appeals Program; refiled appeals. 1210.19 Right to a hearing. 1210.20 Summary judgment. 1210.21 Initial decision by the adjudicating official. Subpart C—Petitions for Review of Initial Decisions and Petitions for Reconsideration Sec. 1210.30 Filing petition and cross petition for review. 1210.31 OPM petition for reconsideration. Subpart D—Review of Mandatory Removal Action Appeals Sec. 1210.40 Filing a request for Board review. 1210.41 Decision of the Board. 1210.42 Intervenors. 1210.43 Finality. 1210.44 Request for reconsideration. Authority: 5 U.S.C. 1204 and 7701. Subpart A—Jurisdiction, Definitions, and Waiver of Rules § 1210.1 Scope and policy. The regulations in this part apply to Board proceedings in appeals of certain adverse actions of the Department of Homeland Security that are covered under subparts F and G of 5 CFR part 9701. The Board will apply these rules in a manner that promotes the fair, efficient and expeditious resolution of appeals. § 1210.2 Jurisdiction.

(a)*Employees covered.* The Board has jurisdiction over appeals brought by employees covered by 5 CFR 9701.604(c), except for those classes of employees excluded under 5 CFR 9701.604(d).

(b)*Actions covered.* The Board has jurisdiction over appeals from actions taken by the Department under subpart F of 5 CFR part 9701, except for those matters excluded under paragraphs

(c)and

(d)of this section. Actions covered include suspensions of 15 days or more, demotions, reductions in pay, removals, or furloughs of 30 days or less, subject to the limitations set forth in 5 CFR 9701.704.

(c)*Matters excluded from MSPB jurisdiction* —(1) *Mandatory removal offenses.* Except as stated in paragraph

(c)of this section, the Board does not have jurisdiction over first-level appeals from actions taken pursuant to 5 CFR 9701.707 for offenses that the Secretary has designated as mandatory removal offenses. The procedures governing petitions for review of decisions of the Mandatory Review Panel are set forth in subpart D of this part.

(2)*National security suspensions and removal.* The Board does not have jurisdiction over appeals from suspension and removal actions taken by the Secretary pursuant to 5 CFR 9701.613 when he or she considers such actions to be in the interest of national security.

(d)*Effect of status under a retirement system.* If an employee has been removed under subpart F of 5 CFR part 9701, neither the employee's status under any retirement system established by Federal statute nor any election made by the employee under any such system will affect the employee's appeal rights. § 1210.3 Application. Subject to modification and/or waiver by the adjudicating official, the regulations set forth in 5 CFR parts 1201, 1208 and 1209 apply to Board appellate proceedings conducted under this part except as otherwise provided herein. § 1210.4 Definitions. In this subpart:

(a)*Adjudicating official* means an administrative law judge, administrative judge, or other employee designated by MSPB to decide an appeal.

(b)*Demotion* means a reduction in grade, a reduction to a lower band within the same occupational cluster, or a reduction to a lower band in a different occupational cluster under rules prescribed by the Department pursuant to 5 CFR 9701.355.

(c)*Department* means the Department of Homeland Security.

(d)*Director* means Director of the Office of Personnel Management.

(e)*Furlough* means the placement of an employee in a temporary status without duties and pay because of lack of work or funds or other non-disciplinary reasons.

(f)*Grade* means a level of work under a position classification or job grading system.

(g)*Indefinite suspension* means the placement of an employee in a temporary status without duties and pay pending investigation, inquiry, or further Department action. An indefinite suspension continues for an indeterminate period of time and usually ends with either the employee returning to duty or the completion of any subsequent administrative action.

(h)*Initial service period (ISP)* means the 1 to 2 years employees must serve after selection (on or after the date this subpart becomes applicable, as determined under 5 CFR 9701.102(b)) for a designated Department position in the competitive service for the purpose of providing an employee the opportunity to demonstrate competencies in a specific occupation. All relevant prior Federal civilian service (including non-appropriated fund service), as determined by appropriate standards established by the Department, counts toward completion of this requirement.

(i)*Mandatory removal offense (MRO)* means an offense that the Secretary determines in his or her sole, exclusive and unreviewable discretion, has a direct and substantial adverse impact on the Department's homeland security mission.

(j)*Mandatory Removal Panel (MRP)* means the three-person panel composed of officials appointed by the Secretary for fixed terms to decide appeals of removals based on a mandatory removal offense.

(k)*Pay* means the rate of basic pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind. For the purpose of this subpart, pay does not include locality-based comparability payments under 5 U.S.C. 5304, locality or special rate supplements under subpart C of 5 CFR 9701, or other similar payments.

(l)*Removal* means the involuntary separation of an employee from the Department.

(m)*Secretary* means Secretary of the Department of Homeland Security.

(n)*Suspension* means the temporary placement of an employee, for disciplinary reasons, in a nonduty/nonpay status. § 1210.5 Revocation, amendment and waiver of regulations in this part. The Board or a judge may not revoke, amend or waive a regulation in this Part in a manner inconsistent with the Homeland Security Act of 2002 or 5 CFR Part 9701. Otherwise, the Board or a judge may revoke, amend or waive a regulation in this Part for good cause shown. § 1210.6 Savings provision. This part does not apply to adverse actions proposed prior to the date of an affected employee's coverage under 5 CFR part 9701, subpart G. Subpart B—Procedures for Appeals of Actions Taken Under 5 CFR Part 9701, Subpart F § 1210.10 Notice of appeal rights.

(a)When the Department of Homeland Security (or component thereof) issues a decision notice to an employee on a matter that is appealable to the Board, except as provided under 5 CFR 9701.707, the Department must provide the employee with the following:

(1)Notice of the time limits for appealing to the Board, the requirements of 5 CFR 1201.22(c), and the address of the appropriate Board office for filing the appeal;

(2)A copy, or access to a copy, of the Board's regulations at 5 CFR parts 1201 and 1210, and relevant Department of Homeland Security regulations;

(3)A copy of MSPB Form 185, the MSPB Appeal Form. MSPB Form 185 can be accessed at the Board's Web site ( *http://www.mspb.gov* );

(4)Notice of any right the employee has to file a grievance, and that the election of any applicable grievance procedure may result in a waiver of the employee's right to file an appeal with the Board; and

(5)Notice that a copy of the decision notice either must be filed with the appeal or sent to the Board via facsimile or e-mail within one day after the appeal is filed.

(b)The notice must also include a specific statement that the matter was taken under 5 CFR part 9701. § 1210.11 Filing an appeal.

(a)*Time of filing.* An appeal must be filed no later than 20 days after the effective date of the action being appealed, or no later than 20 days after the date of service of the Department's decision, whichever is later. A response to an appeal must be filed within 15 days of the date of service of the acknowledgment order. All other submissions to the adjudicating official must be filed in accordance with the time limits set in the Board's acknowledgment order or in any other order issued by the adjudicating official.

(b)*Computation of time.* The time for filing a submission under this subpart is computed in accordance with 5 CFR 1201.23.

(c)*Place for filing.* Appeals, and responses to those appeals, must be filed with the appropriate Board regional or field office. See 5 CFR 1201.4(d), 1201.22(a), and Appendix II to part 1201.

(d)*Decision notice.* A copy of the decision notice either must be filed with the appeal or sent to the Board via facsimile or e-mail within one day after the appeal is filed. § 1210.12 Representatives. Each party has the right to be represented by an attorney or other representative. Either party may file a motion to disqualify a representative at any time during the proceedings. § 1210.13 Burden and degree of proof; affirmative defenses.

(a)*Burden and degree of proof* —(1) *Agency.* Subject to paragraph

(b)of this section, the decision of the Department must be sustained if it is supported by a preponderance of the evidence.

(2)*Appellant.* The appellant has the burden of proof, by a preponderance of the evidence, with respect to:

(i)Issues of jurisdiction;

(ii)The timeliness of the appeal; and

(iii)Affirmative defenses.

(b)*Affirmative defenses of the appellant.* The decision of the Department must be sustained where it has met the evidentiary standard stated in paragraph

(a)of this section, unless the appellant shows that:

(1)There was harmful error in the application of the Department's procedures in arriving at its decision;

(2)The decision was based on a prohibited personnel practice described in 5 U.S.C. 2302(b); or

(3)The decision was not in accordance with law.

(c)*Definitions.* The following definitions apply to this part:

(1)*Preponderance of the evidence.* The degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.

(2)*Harmful error.* Error by the Department in the application of its procedures that is likely to have caused it to reach a conclusion different from the one it would have reached in the absence or cure of the error. The burden is on the appellant to show that the error was harmful, i.e., that it caused substantial harm or prejudice to his or her rights.

(d)*Efficiency of the service.* Pursuant to 5 CFR 9701.606, the Department may take an adverse action under subpart F of 5 CFR part 9701 only for such cause as will promote the efficiency of the service. § 1210.14 Initial disclosures; scope of discovery.

(a)*Initial disclosures.* Except to the extent otherwise directed by order, each party must, without awaiting a discovery request and within ten calendar days following the date of the Board's acknowledgment order, provide the following information to the other party:

(1)The Department must provide:

(i)The Departmental record required by 5 CFR 9701.612; and

(ii)The name and, if known, the address and telephone number of each individual likely to have discoverable information that the Department may use in support of its claims or defenses, identifying the subjects of such information. (2)(i) The appellant must provide:

(A)A copy of, or a description by category or location of all documents in the possession, custody or control of the appellant that the appellant may use in support of his or her claims or defenses; and

(B)The name and, if known, the address and telephone number of each individual likely to have discoverable information that the appellant may use in support of his or her claims or defenses, identifying the subjects of the information.

(ii)Each party must make its initial disclosure based on the information then reasonably available to the party. A party is not excused from making its disclosures because it has not fully completed the investigation of its case, because it challenges the sufficiency of the other party's disclosures or because the other party has not made its disclosures.

(b)*Scope of discovery.* The parties may seek discovery regarding any matter that is relevant to any of their claims or defenses. However, by motion, either party may seek to limit such discovery because the burden or expense of providing the material outweighs its benefit, or because the material sought is privileged, not relevant, unreasonably cumulative or duplicative, or can be secured from some other source that is more convenient, less burdensome, or less expensive. § 1210.15 Discovery procedures.

(a)*Responses to discovery requests.* Prior to filing a motion to limit discovery, the parties must confer and attempt to resolve any pending objection(s). To the extent not inconsistent with this subpart, and subject to modified time limits and procedures that may be set by the adjudicating official, the provisions of 5 CFR 1201.71 through 1201.85 govern discovery in cases under this subpart.

(b)*Limitations on discovery.*

(1)Neither party may submit more than one set of interrogatories, one set of requests for production of documents, and one set of requests for admissions. The number of interrogatories or requests for production or admissions may not exceed 25 per pleading, including subparts. In addition, neither party may conduct/compel more than 2 depositions.

(2)Either party may file a motion requesting additional discovery. Such motion may be granted only if the party has shown necessity and good cause to warrant such additional discovery. § 1210.16 Intervention. The Director may, as a matter of right at any time in the proceeding, intervene or otherwise participate in any proceeding under this Part in any case in which the Director believes that an erroneous decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. § 1210.17 Settlement.

(a)*Settlement discussion.* Neither an adjudicating official nor the Board may require settlement discussions in connection with any action appealed under this section. If either party decides that settlement is not desirable, the matter will proceed to adjudication. The parties are not prohibited from engaging in settlement discussions on their own.

(b)*Settlement Judges.* Where the parties agree to engage in settlement discussions, these discussions will be conducted by an official specifically designated by MSPB in each case for that sole purpose. That settlement discussions are being held by the settlement judge in no way alters the authority of the adjudicating official, who will continue to process all other aspects of the appeal. § 1210.18 Case suspension procedures; use of the Mediation Appeals Program; refiled appeals.

(a)The parties may submit a request for additional time. Requests for such case suspensions must be submitted jointly. Upon receipt of such request, an order suspending processing of the case for a period up to 30 days may be issued at the discretion of the adjudicating official. Suspension periods granted pursuant to this procedure shall not be included when determining whether an initial decision has been issued within the 90-day period specified in section 5 CFR 9701.706(k)(7) and § 1210.21(a) of this part.

(b)If the parties agree jointly to use the Board's Mediation Appeals Program (MAP), the period within which the parties participate in MAP shall not be included when determining whether an initial decision has been issued within the 90-day period specified in 5 CFR 9701.706(k)(7) and 1201.21(a).

(c)If an appeal is refiled after it has been dismissed without prejudice, the 90-day period specified in 5 CFR 9701.706(k)(7) and 1201.21(a) restarts on the date of refiling. For purposes of this paragraph, “refiled” has the same meaning as “filed” set out in § 1210.21(a). § 1210.19 Right to hearing.

(a)An employee with a right of appeal under subparts F and G of 5 CFR part 9701 generally has a right to a hearing. When the adjudicating official finds that material facts are not in dispute, he or she must issue an initial decision without conducting a hearing, as appropriate. See 1210.20(e).

(b)Where the appellant requests a hearing and summary judgment is not appropriate, the adjudicating official may, in his or her discretion, hold the hearing in whole or in part by telephone, videoconference, or in person at the Board's regional or field office or at a designated hearing site listed at 5 CFR part 1201, Appendix III. Although the preferences of the parties and the nature of the issues to be heard and determined will inform the adjudicating official's decision, the ultimate selection rests in the sound judgment of the official. Among the factors that the adjudicating official will consider in deciding whether to hold a hearing in whole or in part by videoconference or telephone are:

(1)The costs of traveling to the hearing site as compared with the costs of traveling to a videoconferencing site;

(2)The distance the parties and their witnesses would have to travel to appear in person; and

(3)Whether appearance by videoconference or telephone of the appellant or his or her witnesses would unduly prejudice the appellant. § 1210.20 Summary judgment.

(a)*Motion by a party.* Any party may file a motion for summary judgment if the party believes that material facts are not in genuine dispute and that the party may be entitled to judgment as a matter of law. Each motion for summary judgment shall be accompanied by a statement separately listing all material facts as to which the moving party contends there is no genuine dispute. The statement shall include references to those parts of the record, including any affidavits, declarations under penalty of perjury, or other evidence attached to the motion, relied on to support the statement.

(b)*Opposition to motion.* An opposition to a motion for summary judgment shall be accompanied by a statement separately listing all material facts as to which the party contends there exists a genuine dispute for hearing. The statement in opposition shall include references to those parts of the record, including any affidavits, declarations under penalty of perjury or other evidence attached to the opposition, relied on to support the statement. The party opposing a motion for summary judgment may not rest on the mere allegations or denials of his pleadings, but must set forth specific facts showing that there is a genuine dispute for hearing.

(c)*Time of filing.* Any party may file a motion for summary judgment no later than 5 days after the time limit for the completion of discovery set in the Board's acknowledgment order, or other time limit set by the adjudicating official. An opposition to a motion for summary judgment shall be filed within 15 days of service of the motion, or at the time specified by the adjudicating official.

(d)*Initiated by adjudicating official.* In addition to the authority set forth in 5 CFR 1201.41(b), if the adjudicating official determines on his or her own initiative that material facts may not be in genuine dispute, he or she may, after giving the parties written notice and at least 15 days to respond in writing, find that material facts are not in genuine dispute. The written notice to the parties shall include a statement separately listing all material facts as to which the adjudicating official believes there is no genuine dispute.

(e)*Decision by adjudicating official.* If, after considering the parties' submissions, the adjudicating official finds that material facts are not in genuine dispute, he or she must grant summary judgment on the law pursuant to 5 CFR 9701.706(k)(5) without conducting a hearing.

(f)*Definitions.* A fact is material if it is capable of affecting the outcome of the appeal. For a dispute to be genuine, there must be evidence sufficient for a reasonable person to find in favor of the nonmoving party. § 1210.21 Initial decision by the adjudicating official.

(a)*General.* The adjudicating official must issue a decision after the close of the record and a copy of the decision must be provided to each party to the appeal and to the Director. An initial decision must be issued no later than 90 days after the date on which the appeal is filed. However, failure to meet this deadline will not prejudice any party to the case and will not form the basis for any legal action by any party. See 5 CFR 9701.706(l). A document that is filed with a Board office by personal delivery is considered filed on the date on which the Board office receives it. The date of filing by facsimile is the date of the facsimile. The date of filing by mail is the date on the Board's acknowledgment order, and the Board must issue an acknowledgment order within five calendar days after receiving the appeal. The date of filing by commercial delivery is the date the document was delivered to the commercial delivery service. The date of filing by e-filing is the date of electronic submission.

(b)*Consideration of penalty.* The adjudicating official may modify the penalty imposed by the Department if he or she determines that such penalty is so disproportionate to the basis for the action as to be wholly without justification. In cases of multiple charges, the adjudicating official's determination in this regard is based on the justification for the penalty as it relates to the sustained charge(s). When a penalty is mitigated, the maximum justifiable penalty must be applied.

(c)*Interim relief.*

(1)If an employee is the prevailing party in an appeal under this subpart, the employee must be granted the relief provided in the decision upon issuance of the decision, subject to paragraph (b)(3) of this section. Such relief remains in effect pending the outcome of any petition for review unless—

(i)An adjudicating official determines that the granting of such relief is not appropriate; or

(ii)The relief granted in the decision provides that the employee will return or be present at the place of employment pending the outcome of any petition for review, and the Department, subject to paragraph (b)(2) of this section, determines, in its sole, exclusive, and unreviewable discretion, that the return or presence of the employee would be unduly disruptive to the work environment.

(2)If the Department makes a determination under paragraph (b)(1)(ii) of this section that prevents the return or presence of an employee at the place of employment, such employee must receive pay, compensation, and all other benefits as terms and conditions of employment pending the outcome of any petition for review.

(3)Nothing in the provisions of this section may be construed to require that any award of back pay or attorney fees be paid before the decision is final. Subpart C—Petitions for Review of Initial Decisions and Petitions for Reconsideration § 1210.30 Filing petition and cross petition for review.

(a)*Who may file.* Any party to the proceeding or the Director may file a petition for review of the decision by the adjudicating official. The Director may request review when he or she believes that the decision is erroneous and will have a substantial impact on a civil service law, rule, regulation or policy directive. All submissions to the Board must contain the signature of the party or of the party's designated representative. The requirements for an electronic signature are set forth in 5 CFR 1201.14(i).

(b)*Time for filing.* Any petition for review must be filed within 30 days after receipt of the initial decision. Absent evidence to the contrary, the Board presumes that a decision delivered by regular mail is received by the addressee 5 days after its issuance. If regular mail is not delivered on the fifth day following the issuance of the decision, the presumed date of receipt is the next date on which mail is delivered. A cross petition for review must be filed within 25 days of the date of service of the petition for review. Any response to a petition for review or to a cross petition for review must be filed within 25 days after the date of service of the petition or cross petition. The Board may extend the filing period for good cause shown.

(c)*Place for filing.* A petition for review, cross petition for review, responses to those petitions, and all motions and pleadings associated with them must be filed with the Clerk of the Merit Systems Protection Board, Washington, DC 20419, by commercial or personal delivery, by facsimile, by mail, or by electronic filing in accordance with 5 CFR 1201.14.

(d)*Time for decision by the Board.* MSPB must render its decision no later than 90 days after the close of the record before MSPB on petition for review as defined in 5 CFR 1201.114(i).

(e)*Effect of late decision.* The Board's failure to meet the requirement that decisions be rendered no later than 90 days after the close of the record will not prejudice any party to the case and will not form the basis for any legal action by any party. See 5 CFR 9701.706(l). § 1210.31 OPM petition for reconsideration.

(a)If the Director seeks reconsideration of a final Board order, the Board must render its decision no later than 60 days after receipt of the opposition to the Director's petition in support of such reconsideration. The Board's failure to meet this requirement will not prejudice any party to the case and will not form the basis for any legal action by any party. See 5 CFR 9701.706(l).

(b)The Board shall state the reasons for any decision rendered in response to a petition for reconsideration filed by the Director. Subpart D—Review of Mandatory Removal Action Appeals § 1210.40 Filing a request for Board review.

(a)*Who may file.* Any party to the proceeding or OPM may file a request for review. All submissions to the Board must contain the signature of the party or of the party's designated representative. The requirements for an electronic signature are set forth in 5 CFR 1201.14(i).

(b)*Time for filing.* Any request for review must be filed within 15 days after issuance of the MRP's decision. Any party's response to the request for review, cross request for review, or OPM's request for review must be filed within 15 days of the Board's receipt of the request for review. If OPM does not file a request for review, it may intervene within 15 days after MSPB's receipt of a request for review of the record. A party or OPM may submit, and the Board may grant for good cause shown, a request for a single extension of time not to exceed 15 days.

(c)*Record for review.* The Board will establish, in conjunction with the MRP, standards for the contents of the record and the administrative process for review, including notice to the parties and OPM and procedures for the transfer of records from the Department to the Board. § 1210.41 Decision of the Board.

(a)*Board review of an MRP decision.* The Board must accept the findings of fact and interpretations of law of the MRP and sustain the MRP's decision unless the party appealing the MRP's decision shows that the MRP's decision was:

(1)Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2)Caused by harmful error in the application of the MRP's procedures in arriving at such decision; or

(3)Unsupported by substantial evidence.

(b)*Definitions.* The following definitions apply to this part:

(1)*Harmful error.* Error by the MRP in the application of its procedures that is likely to have caused it to reach a conclusion different from the one it would have reached in the absence or cure of the error. The burden is upon the party appealing the MRP's decision to show that the error was harmful, *i.e.* , that it caused substantial harm or prejudice to his or her rights.

(2)*Substantial evidence.* The degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree. This is a lower standard of proof than preponderance of the evidence. (c)(1) *Mandatory time limit for decision.* The Board must complete its review of the record and issue a final decision within 30 days after receiving any party's response to the request for review, cross request for review, or OPM's intervention brief, whichever is filed later. The Board may extend the period for review by a single extension of time not to exceed 15 days, if it determines that:

(i)The case is unusually complex; or

(ii)An extension is necessary to prevent any prejudice to the parties that would otherwise result.

(2)No further extension of time will be permitted. § 1210.42 Intervenors. The Director may intervene as a matter of right under 5 CFR 9701.707(f) or otherwise participate in any proceeding brought under this subpart, if the Director believes that an erroneous decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. § 1210.43 Finality. *Final decision of the Board.* A decision of the Board on a request for review of an MRP decision shall constitute a final decision subject to judicial review in accordance with 5 U.S.C. 7703. § 1210.44 Request for reconsideration. A decision of the Board under this subpart is final unless the Director petitions the Board for review within 30 days after the receipt of the decision. The Director may petition the Board for review only if he or she believes the decision is erroneous and will have a substantial impact on a civil service law, rule, regulation, or policy directive. The Board may extend the filing period for good cause shown. Dated: September 28, 2007. Arlin Winefordner, Acting Clerk of the Board. [FR Doc. E7-19574 Filed 10-4-07; 8:45 am] BILLING CODE 7400-01-P FEDERAL RESERVE SYSTEM 12 CFR Part 201 [Regulation A] Extensions of Credit by Federal Reserve Banks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Correcting amendments. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is correcting a document published in the **Federal Register** of September 27, 2007, that amended Regulation A to reflect a decrease in the primary and secondary credit rates at each Federal Reserve Bank. DATES: This correction is effective October 5, 2007. The rate changes for primary and secondary credit were effective on the dates specified in 12 CFR 201.51, as amended. FOR FURTHER INFORMATION CONTACT: Jennifer J. Johnson, Secretary of the Board (202/452-3259); for users of Telecommunication Devices for the Deaf

(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: The Board published a document in the **Federal Register** of September 27, 2007 (72 FR 54813). The document (FR Doc. E7-19062) amended the Federal Reserve Banks' primary and secondary credit rates on extensions of credit available to depository institutions as a backup source of funding on a short-term basis. This document corrects the secondary credit rates for the Federal Reserve Bank of Dallas and the Federal Reserve Bank of San Francisco. List of Subjects in 12 CFR Part 201 Banks, Banking, Federal Reserve System, Reporting and recordkeeping. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR Chapter II to read as follows: PART 201—EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION A) 1. The authority citation for part 201 continues to read as follows: Authority: 12 U.S.C. 248(i)-(j), 343 *et seq.* , 347a, 347b, 347c, 348 *et seq.* , 357, 374, 374a, and 461. 2. In § 201.51 in paragraph (b), the entries for Dallas and San Francisco are revised to read as follows: § 201.51 Interest rates applicable to credit extended by a Federal Reserve Bank. 1 1 The primary, secondary, and seasonal credit rates described in this section apply to both advances and discounts made under the primary, secondary, and seasonal credit programs, respectively.

(b)* * * Federal Reserve Bank Rate Effective * * * * * Dallas 5.75 September 19, 2007. San Francisco 5.75 September 18, 2007. By order of the Board of Governors of the Federal Reserve System, October 2, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-19691 Filed 10-4-07; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26491 Directorate Identifier 2006-CE-076-AD; Amendment 39-15218; AD 2007-20-08] RIN 2120-AA64 Airworthiness Directives; Alpha Aviation Design Limited (Type Certificate No. A48EU Previously Held by Apex Aircraft and Avions Pierre Robin) Model R2160 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: To prevent fuel system leaks inspect the bronze/brass hollow threaded fuel line fittings for type and leaks, per Avions Pierre Robin Service Bulletin

(SB)No. 86. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 9, 2007. On November 9, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That supplemental NPRM was published in the **Federal Register** on August 13, 2007 (72 FR 45183). That supplemental NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: To prevent fuel system leaks inspect the bronze/brass hollow threaded fuel line fittings for type and leaks, per Avions Pierre Robin Service Bulletin

(SB)No. 86. Replace leaking Type 1 fuel line fittings with Type 2 fittings, per SB No. 86, before further flight. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance We estimate that this AD will affect about 10 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $1,800, or $180 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-20-08 Alpha Aviation Design Limited (Type Certificate No. A48EU previously held by Apex Aircraft and Avions Pierre Robin):** Amendment 39-15218; Docket No. FAA-2006-26491; Directorate Identifier 2006-CE-076-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective November 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Model R2160 airplanes, serial numbers 001 through 191, certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: To prevent fuel system leaks inspect the bronze/brass hollow threaded fuel line fittings for type and leaks, per Avions Pierre Robin Service Bulletin

(SB)No. 86. Actions and Compliance

(f)Unless already done, within the next 25 hours time-in-service after November 9, 2007 (the effective date of this AD) replace the Type 1 fuel line fittings with Type 2 fittings following Avions Pierre Robin Service Bulletin No. 86, dated July, 1980. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: This AD requires the replacement of the Type 1 fuel line fittings with Type 2 fittings following Avions Pierre Robin Service Bulletin No. 86, dated July, 1980. The MCAI required a one-time inspection for leaks and replacement if leaks were found. There was no MCAI action to determine whether leaks developed in the future. The FAA believes that mandatory replacement of the fittings will eliminate current leaking fittings as well as preventing the problem from developing in the future. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI Airworthiness Authority of New Zealand AD DCA/R2000/12, dated June 29, 2006, and Avions Pierre Robin Service Bulletin No. 86, dated July, 1980, for related information. Material Incorporated by Reference

(i)You must use Avions Pierre Robin Service Bulletin No. 86, dated July, 1980, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Alpha Aviation Design Ltd., Ingram Road, Hamilton Airport, R.D.2. Hamilton 3282, New Zealand.

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During a recent flight with a DG-500 ELAN Trainer, the bolt of bearing stand 5RU61, which is the pivot for bell crank 5St19, failed in-flight, leading to loss of control of the aircraft. Although the occupants managed to exit the aircraft safely, the aircraft crashed and was damaged beyond repair. While the investigation continues, the most likely cause is suspected to be insufficient tightening of the nut on the bolt of bearing stand 5RU61. This condition, if not corrected, may cause excessive bending loads, leading to premature failure of the bolt and loss of control of the aircraft. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective October 25, 2007. On October 25, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by November 5, 2007. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations. gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 2007-0176-E, dated June 22, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: During a recent flight with a DG-500 ELAN Trainer, the bolt of bearing stand 5RU61, which is the pivot for bell crank 5St19, failed in-flight, leading to loss of control of the aircraft. Although the occupants managed to exit the aircraft safely, the aircraft crashed and was damaged beyond repair. While the investigation continues, the most likely cause is suspected to be insufficient tightening of the nut on the bolt of bearing stand 5RU61. This condition, if not corrected, may cause excessive bending loads, leading to premature failure of the bolt and loss of control of the aircraft. As a precautionary measure, for the reasons described above, this Emergency Airworthiness Directive

(EAD)requires a check of the torque on the affected nut, immediate replacement of any bolts where the torque is found to be insufficient and introduces a life limit for the affected bolts. Any bolts that have already exceeded this limit in service must be replaced, as indicated. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information DG Flugzeugbau GmbH has issued Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, which references Working Instructions DG Flugzeugbau GmbH No. 1 and 2, dated June 20, 2007; and Working Instruction DG Flugzeugbau GmbH No. 3, dated June 25, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule, because during a recent flight with a DG-500 ELAN Trainer, the bolt of bearing stand 5RU61, which is the pivot for bell crank 5St19, failed in flight with consequent loss of control of the aircraft. The most likely cause is insufficient tightening of the nut on the bolt of bearing stand 5RU61. This condition, if not corrected, may cause excessive bending loads that could result in premature failure of the bolt with consequent loss of control of the aircraft. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-28709; Directorate Identifier 2007-CE-062-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-21-01 DG Flugzeugbau GMBH:** Amendment 39-15219; Docket No. FAA-2007-28709; Directorate Identifier 2007-CE-062-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective October 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Models DG-500 Elan Series, DG-500M, and DG-500MB gliders, all serial numbers, certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 27: Flight Controls. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: During a recent flight with a DG-500 ELAN Trainer, the bolt of bearing stand 5RU61, which is the pivot for bell crank 5St19, failed in-flight, leading to loss of control of the aircraft. Although the occupants managed to exit the aircraft safely, the aircraft crashed and was damaged beyond repair. While the investigation continues, the most likely cause is suspected to be insufficient tightening of the nut on the bolt of bearing stand 5RU61. This condition, if not corrected, may cause excessive bending loads, leading to premature failure of the bolt and loss of control of the aircraft. As a precautionary measure, for the reasons described above, this Emergency Airworthiness Directive

(f)Unless already done, do the following actions.

(1)Before the next flight after October 25, 2007 (the effective date of this AD) and thereafter at intervals not to exceed 12 months, inspect the actual torque of the nut that attaches bell crank 5St19 to the bolt following Working Instruction No. 1, dated June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, as applicable to type.

(i)If the torque is found to be less than 2.2 ft. lb. (3 Nm), before further flight, replace the affected bolt with a serviceable bolt following Working Instruction No. 2, dated June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, as applicable to type.

(ii)Report any findings of insufficient torque you find within 7 days after insufficient torque is found. Include in your report the glider serial number, glider hours time-in-service (TIS), the torque that was found, and a point of contact name and phone number. Send your report to DG Flugzeugbau GmbH, Otto-Lilienthal-Weg 2, D-76646 Bruchsal, Germany; telephone: +49 7251 3020140; facsimile: +49 7251 3020149; e-mail: *dirks@dg-flugzeugbau.de* .

(iii)If the torque is found to be 2.2 ft. lb. (3 Nm) or more, before further flight, increase the torque of the nut to 9 ft. lb. (12 Nm);

(2)Unless already replaced as required by paragraph (f)(1)(i) of this AD, within the next 6 months after October 25, 2007 (the effective date of this AD) or when the glider reaches a total of 1,000 hours TIS, whichever occurs later, and repetitively thereafter at intervals not to exceed 1,000 hours TIS, replace the affected bolt with a serviceable bolt following Working Instruction No. 2, dated June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, as applicable to type.

(3)Installation of an additional bracket following Working Instruction No. 3, dated June 25, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, as applicable to type, terminates the repetitive requirement in paragraph (f)(2) of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; fax:

(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et. seq* .), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI EASA AD No. 2007-0176-E, dated June 22, 2007, and DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007; Working Instructions No. 1 and No. 2, dated June 20, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007; and Working Instruction No. 3, dated June 25, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, for related information. Material Incorporated by Reference

(i)You must use DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007; Working Instructions No. 1 and 2 dated June 20, 2007, and Working Instruction No. 3 dated June 25, 2007, as referenced in DG Flugzeugbau GmbH Technical Note 348/19 and 843/26 (same document), dated June 20, 2007, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact AMS-Flight d.o.o., Kavciceva 4, 1000 Ljubljana, Slovenia.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Kansas City, Missouri on September 28, 2007. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-19682 Filed 10-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30571; Amdt. No. 3237] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective October 5, 2007. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 5, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *Availability* —All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry. J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:

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

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

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

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC, on September 21, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: Effective 25 OCT 2007 Fort Smith, AR, Fort Smith Regional, RNAV

(GPS)RWY 1, Amdt 1 Fort Smith, AR, Fort Smith Regional, Takeoff Minimums and Obstacle DP, Amdt 4 Longmont, CO, Vance Brand, VOR/DME-A, Amdt 1A Washington, DC, Washington Dulles Intl, RNAV

(RNP)Z RWY 1L, Orig-A Lakeland, FL, Lakeland Linder Regional, ILS OR LOC RWY 5, Amdt 7 Lakeland, FL, Lakeland Linder Regional, RNAV

(GPS)RWY 9, Orig Lakeland, FL, Lakeland Linder Regional, RNAV

(GPS)RWY 27, Orig Lakeland, FL, Lakeland Linder Regional, VOR RWY 27, Amdt 7 Lakeland, FL, Lakeland Linder Regional, Takeoff Minimums and Obstacle DP, Orig Pensacola, FL, Pensacola Rgnl, LOC RWY 26, Amdt 1 St. Augustine, FL, St Augustine, Takeoff Minimums and Obstacle DP, Orig Vero Beach, FL, Vero Beach Muni, Takeoff Minimums and Obstacle DP, Orig Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS OR LOC RWY 10, Amdt 1A, ILS RWY 10 (CAT II), ILS RWY 10 (CAT III) Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS OR LOC RWY 28, Amdt 1A, ILS RWY 28 (CAT II) Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 10, Amdt 1A, ILS PRM RWY 10 (CAT II) ILS PRM RWY 10 (CAT III), (Simultaneous Close Parallel) Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 28, Amdt 1A, ILS PRM RWY 28 (CAT II), Simultaneous Close Parallel) Savannah, GA, Savannah/Hilton Head Intl, MLS RWY 27, Amdt 1A, CANCELLED Boise, ID, Boise Air Terminal/Gowen Fld, ILS OR LOC RWY 10R, Amdt 10, ILS RWY 10R (CAT II) Garden City, KS, Garden City Regional, VOR/DME RWY 17, Amdt 2 Wichita, KS, Cessna ACFT Field, RNAV (GPS)-D, Amdt 1 Wichita, KS, Cessna ACFT Field, Takeoff Minimums and Obstacle DP, Orig Washington, MO, Washington Regional, RNAV

(GPS)RWY 15, Amdt 1 Washington, MO, Washington Regional, RNAV

(GPS)RWY 33, Amdt 1 Washington, MO, Washington Regional, VOR-A, Amdt 1 Booneville/Baldwyn, MS, Booneville/Baldwyn, Takeoff Minimums and Obstacle DP, Orig Tekamah, NE, Tekamah, Muni, RNAV

(GPS)RWY 14, Orig Tekamah, NE, Tekamah, Muni, RNAV

(GPS)RWY 32, Orig Tekamah, NE, Tekamah, Muni, GPS RWY 32, Orig, CANCELLED Tekamah, NE, Tekamah, Muni, VOR RWY 32, Amdt 6 Tekamah, NE, Tekamah, Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Maxton, NC, Laurinburg-Maxton, Takeoff Minimums and Obstacle DP, Orig Goldsby, OK, David Jay Perry, VOR/DME RWY 31, Amdt 2 Goldsby, OK, David Jay Perry, Takeoff Minimums and Obstacle DP, Orig Bend, OR, Bend Muni, RNAV

(GPS)RWY 16, Amdt 1 Bend, OR, Bend Muni, VOR/DME RWY 16, Amdt 9 Bend, OR, Bend Muni, Takeoff Minimums and Obstacle DP, Amdt 3 Camden, SC, Woodward Field, RNAV

(GPS)RWY 6, Orig Camden, SC, Woodward Field, RNAV

(GPS)RWY 24, Orig Camden, SC, Woodward Field, VOR/DME-A, Amdt 4 Camden, SC, Woodward Field, Takeoff Minimums and Obstacle DP, Amdt 1 Camden, SC, Woodward Field, NDB OR GPS RWY 24, Amdt 6B, CANCELLED Clemson, SC, Oconee County Rgnl, RNAV

(GPS)RWY 7, Amdt 1 Clemson, SC, Oconee County Rgnl, RNAV

(GPS)RWY 25, Amdt 1 Clemson, SC, Oconee County Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2 Millington, TN, Millington Regional Jetport, ILS OR LOC RWY 22, Amdt 4 Millington, TN, Millington Regional Jetport, RNAV

(GPS)RWY 22, Amdt 1 Millington, TN, Millington Regional Jetport, VOR/DME OR TACAN RWY 22, Amdt 2A Millington, TN, Millington Regional Jetport, Takeoff Minimums and Obstacle DP, Orig Trenton, TN, Gibson County, RNAV

(GPS)RWY 1, Orig Trenton, TN, Gibson County, RNAV

(GPS)RWY 19, Orig Trenton, TN, Gibson County, VOR/DME-A, Amdt 6 Dallas-Fort Worth, TX, Dallas-FT Worth Intl, RNAV

(RNP)Z RWY 31R, Amdt 1 Forth Worth, TX, Forth Worth Spinks, Takeoff Minimums and Obstacle DP, Amdt 3 Grand Prairie, TX, Grand Prairie Muni, Takeoff Minimums and Obstacle DP, Amdt 3 Mesquite, TX, Mesquite Metro, Takeoff Minimums and Obstacle DP, Amdt 3 Effective 22 NOV 2007 Bessemer, AL, Bessemer, VOR RWY 5, Amdt 6 West Palm Beach, FL, Palm Beach Intl, ILS OR LOC RWY 9L, Amdt 24A Effective 20 DEC 2007 Cold Bay, AK, Cold Bay, ILS OR LOC/DME RYW 14, Amdt 17A Jonesboro, AR, Jonesboro Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Texarkana, AR, Texarkana Regional-Webb Field, Takeoff Minimums and Obstacle DP, Amdt 4 Daytona Beach, FL, Daytona Beach Intl, RNAV

(GPS)RWY 25R, Amdt 2A Key West, FL, Key West Intl, RNAV

(GPS)RWY 9, Amdt 1 Orlando, FL, Kissimmee Gateway, ILS OR LOC RWY 15, Orig-A Fort Dodge, IA, Fort Dodge Regional, RNAV

(GPS)RWY 12, Orig Fort Dodge, IA, Fort Dodge Regional, RNAV

(GPS)RWY 30, Orig Fort Dodge, IA, Fort Dodge Regional, VOR RWY 12, Amdt 15 Fort Dodge, IA, Fort Dodge Regional, VOR/DME RWY 30, Amdt 10 Fort Dodge, IA, Fort Dodge Regional, Takeoff Minimums and Obstacle DP, Orig Salisbury, MD, Salisbury-Ocean City Wicomico Regional, Takeoff Minimums and Obstacle DP, Orig Bemidji, MN, Bemidji Regional, LOC/DME RWY 25, Orig, CANCELLED Pedricktown, NJ, Spitfire Aerodrome, RNAV

(GPS)RWY 25, Amdt 1 Watertown, NY, Watertown Intl, Takeoff Minimums and Obstacle DP, Orig Collegeville, PA, Perkiomen Valley, RNAV

(GPS)RWY 9, Amdt 1 Du Bois, PA, Du Bois-Jefferson County, RNAV

(GPS)RWY 7, Orig Du Bois, PA, Du Bois-Jefferson County, VOR/DME RNAV OR GPS RWY 7, Amdt 1, CANCELLED Du Bois, PA, Du Bois-Jefferson County, Takeoff Minimums and Obstacle DP, Orig Cotulla, TX, Cotulla-La Salle County, VOR-A, Amdt 13 Cotulla, TX, Cotulla-La Salle County, Takeoff Minimums and Obstacle DP, Orig Farmville, VA, Farmville Regional, Takeoff Minimums and Obstacle DP, Orig Huntington, WV, Tri-State/Milton J. Ferguson Field, ILS OR LOC RWY 12, Amdt 12 Huntington, WV, Tri-State/Milton J. Ferguson Field, ILS OR LOC RWY 30, Amdt 5 Huntington, WV, Tri-State/Milton J. Ferguson Field, RNAV

(GPS)RWY 12, Amdt 1 Huntington, WV, Tri-State/Milton J. Ferguson Field, RADAR-1, Amdt 6 Huntington, WV, Tri-State/Milton J. Ferguson Field, Takeoff Minimums and Obstacle DP, Orig [FR Doc. E7-19240 Filed 10-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Polysulfated Glycosaminoglycan AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application

(NADA)filed by Luitpold Pharmaceuticals, Inc. The supplemental NADA provides for a revised food safety warning on labeling for an injectable solution of polysulfated glycosaminoglycan used in horses. DATES: This rule is effective October 5, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Luitpold Pharmaceuticals, Inc., Animal Health Division, Shirley, NY 11967, filed a supplement to NADA 140-901 for ADEQUAN i.m. (polysulfated glycosaminoglycan), an injectable solution approved for use in horses and dogs by veterinary prescription for noninfectious degenerative and/or traumatic joint disease. The supplemental NADA provides for a revised food safety warning for use in horses. The application is approved as of September 10, 2007, and the regulations are amended in 21 CFR 522.1850 to reflect the approval and a current format. Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. The agency has determined under § 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Parts 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Revise § 522.1850 to read as follows: § 522.1850 Polysulfated glycosaminoglycan.

(a)*Specifications* . Each 1-milliliter

(mL)ampule of solution contains 250 milligrams

(mg)polysulfated glycosaminoglycan; each 5-mL ampule or vial contains 500 mg polysulfated glycosaminoglycan.

(b)*Sponsor* . See No. 010797 in § 510.600(c) of this chapter.

(c)*Special considerations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian.

(d)*Conditions of use* —(1) *Horses* —(i) *Indications for use* . For the treatment of noninfectious degenerative and/or traumatic joint dysfunction and associated lameness of the carpal and hock joints in horses.

(ii)*Amount* —(A) *Intra-articular use (carpal)* : 250 mg once a week for 5 weeks.

(B)*Intramuscular use (carpal and hock)* : 500 mg every 4 days for 28 days.

(iii)*Limitations* . Do not use in horses intended for human consumption.

(2)*Dogs* —(i) *Indications for use* . For control of signs associated with noninfectious degenerative and/or traumatic arthritis of canine synovial joints.

(ii)*Amount* . 2 mg per pound of body weight by intramuscular injection twice weekly for up to 4 weeks (maximum of 8 injections). Dated: September 26, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-19729 Filed 10-4-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 556 and 558 New Animal Drugs; Ractopamine AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application

(NADA)filed by Elanco Animal Health. The supplemental NADA provides for an increased level of monensin in four-way combination Type C medicated feeds containing ractopamine, melengestrol, monensin, and tylosin for heifers fed in confinement for slaughter, a revision to bacterial pathogen nomenclature, and an increase in liver tolerance. DATES: This rule is effective October 5, 2007. FOR FURTHER INFORMATION CONTACT: Suzanne J. Sechen, Center for Veterinary Medicine (HFV-126), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0221, e-mail: *suzanne.sechen@cvm.fda.gov* . SUPPLEMENTARY INFORMATION: Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285, filed a supplement to NADA 141-233 that provides for use of OPTAFLEXX (ractopamine hydrochloride), MGA (melengestrol acetate), RUMENSIN (monensin), and TYLAN (tylosin phosphate) Type A medicated articles to make dry and liquid four-way combination Type C medicated feeds used for increased rate of weight gain, improved feed efficiency, and increased carcass leanness; for prevention and control of coccidiosis due to *Eimeria bovis* and *E. zuernii* ; for suppression of estrus (heat); and for reduction of incidence of liver abscesses caused by *Fusobacterium necrophorum* and *Arcanobacterium (Actinomyces) pyogenes* in heifers fed in confinement for slaughter during the last 28 to 42 days on feed. The supplemental NADA provides for an increased level of monensin in four-way combination Type C medicated feeds containing ractopamine, melengestrol, monensin, and tylosin for heifers fed in confinement for slaughter, a revision to bacterial pathogen nomenclature, and an increase in the cattle liver tolerance. The supplemental NADA is approved as of September 11, 2007, and the regulations in 21 CFR 556.420 and 558.500 are amended to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The agency has determined under 21 CFR 25.33(a)(2) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects 21 CFR Part 556 Animal drugs, Foods. 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under the authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 556 and 558 are amended as follows: PART 556—TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD 1. The authority citation for 21 CFR part 556 continues to read as follows: Authority: 21 U.S.C. 342, 360b, 371. 2. In § 556.420, revise paragraph (b)(1) to read as follows: § 556.420 Monensin.

(b)* * *

(1)*Cattle* —(i) *Liver* . 0.10 part per million (ppm).

(ii)*Muscle, kidney, and fat* . 0.05 ppm.

(iii)*Milk* . Not required. PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 3. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. 4. In § 558.500, in the table in paragraph (e)(2), revise paragraph (e)(2)(x) and add paragraph (e)(2)(xi) to read as follows: § 558.500 Ractopamine.

(e)* * *

(2)* * * Ractopamine in grams/ton Combination in grams/ton Indications for use Limitations Sponsor * * * * * * *

(x)9.8 to 24.6 Monensin 10 to 40 to provide 0.14 to 0.42 mg monensin/lb of body weight, depending on severity of coccidiosis challenge, up to 480 mg/head/day, plus tylosin 8 to 10, plus melengestrol acetate to provide 0.25 to 0.5 mg/head/day Heifers fed in confinement for slaughter: As in paragraph (e)(2)(vi) of this section; for prevention and control of coccidiosis due to *Eimeria bovis* and *E. zuernii* ; for reduction of incidence of liver abscesses caused by *Fusobacterium necrophorum* and *Arcanobacterium (Actinomyces) pyogenes* ; and for suppression of estrus (heat). As in paragraph (e)(2)(vi) of this section; see paragraphs §§ 558.342(d), 558.355(d) and 558.625(c) of this chapter. Melengestrol acetate as provided by No. 000009 in § 510.600(c) of this chapter. 000986

(xi)9.8 to 24.6 Monensin 10 to 30, plus tylosin 8 to 10, plus melengestrol acetate to provide 0.25 to 0.5 mg/ head/day Heifers fed in confinement for slaughter: As in paragraph (e)(2)(vi) of this section; for prevention and control of coccidiosis due to *Eimeria bovis* and *E. zuernii* ; for reduction of incidence of liver abscesses caused by *Fusobacterium necrophorum* and *Actinomyces (Corynebacterium) pyogenes* ; and for suppression of estrus (heat). As in paragraph (e)(2)(vi) of this section; see paragraphs §§ 558.342(d), 558.355(d) and 558.625(c) of this chapter. Melengestrol acetate as provided by No. 021641 in § 510.600(c) of this chapter. 021641 Dated: September 26, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-19732 Filed 10-4-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. CGD08-07-022] Drawbridge Operation Regulations; Milhomme Bayou, Stephensville, LA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Stephensville Bridge across Milhomme Bayou, mile 12.2, at Stephensville, St. Martin Parish, Louisiana. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The deviation will allow the draw of the Stephensville Bridge to open on signal if at least one hour of advance notice is given. During the advance notice period, the draw shall open on less than one hour notice for an emergency and shall open on demand should a temporary surge in waterway traffic occur. DATES: This deviation is effective from October 5, 2007 until April 2, 2008. ADDRESSES: You may mail comments and related material to Commander (dpb), Eighth Coast Guard District, 500 Poydras Street, New Orleans, Louisiana 70130-3310. The Commander, Eighth Coast Guard District, Bridge Administration Branch maintains the public docket for this rulemaking. 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 the Bridge Administration office between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Bart Marcules, Bridge Administration Branch, telephone

(504)671-2128. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in evaluating this test schedule by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this deviation [CGD08-07-022], indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Comments must be received by December 4, 2007. Background and Purpose St. Martin Parish has requested that the operating regulation on the Stephensville Bridge be changed in order to operate the bridge more efficiently. The Stephensville Bridge is located on Milhomme Bayou at mile 12.2 in Stephensville, St. Martin Parish, Louisiana. The Bridge has a vertical clearance of 5.8 feet above mean high water, an elevation of 3.5 feet Mean Sea Level

(MSL)in the closed position and unlimited in the open position. The Stephensville Bridge opens on signal as required by 33 CFR 117.5. This operating schedule has been in effect since 2002 when this bridge replaced an existing bridge in the area. The previous bridge's operating schedule was, “shall open on signal; except that, from 10 p.m. to 6 a.m. the draw shall open on signal if at least two hours notice is given. During the advance notice period, the draw shall open on less than two hours notice for an emergency and shall open on demand should a temporary surge in waterway traffic occur.” Since the completion of the current bridge, the waterway traffic has been minimal and during the past twelve months an average of 5 boats per day have requested an opening. Most of the boats requesting openings are commercial vessels consisting of tugboats with barges and shrimp trawlers that routinely transit this waterway and are able to give advance notice. Due to this waterway being a secondary route, the Port Allen Alternate route is the primary route, little impact is expected on navigation during this test schedule period. Also, prior coordination with the main waterway user group in the area indicates no expected impacts. A Notice of Proposed Rule Making [CGD08-07-023], is being issued in conjunction with this Temporary Deviation to obtain public comments. The Coast Guard will evaluate public comments from this Temporary Deviation and the above referenced Notice of Proposed Rule Making to determine if a permanent special drawbridge operating regulation is warranted. 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. Dated: September 21, 2007. David M. Frank, Bridge Administrator. [FR Doc. 07-4860 Filed 10-4-07; 8:45 am]

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