Rules and Regulations. Proposed rule with request for comments

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BILLING CODE 3510-22-S 72 198 Monday, October 15, 2007 Proposed Rules OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 630 RIN 3206-AL26 Emergency Leave Transfer Program AGENCY: Office of Personnel Management. ACTION: Proposed rule with request for comments. SUMMARY: The Office of Personnel Management is issuing proposed regulations to allow donated annual leave in an agency's voluntary leave bank program to be transferred to an emergency leave transfer program administered by another agency, revise the rules for returning unused donated annual leave to emergency leave donors, and allow Judicial branch employees to donate and receive annual leave under an emergency leave transfer program.

DATES: Comments must be received on or before December 14, 2007. ADDRESSES: Send or deliver written comments to Jerome D. Mikowicz, Deputy Associate Director for Pay and Leave Administration, Rm. 7H31, 1900 E Street, NW., Washington, DC 20415-8200; by fax at

(202)606-0824; or by e-mail to *pay-performance-policy@opm.gov.* FOR FURTHER INFORMATION CONTACT: Brenda Roberts, by telephone at

(202)606-2858; by fax at

(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: The Office of Personnel Management

(OPM)is issuing proposed regulations to allow donated annual leave in an agency's voluntary leave bank program to be transferred to an emergency leave transfer program administered by another agency, revise the rules for returning unused donated annual leave to emergency leave donors, and allow Judicial branch employees to donate and receive annual leave under an emergency leave transfer program, as provided by Public Law 109-229. These proposed regulations help standardize and simplify leave programs and policies to support consolidating agency human resources and payroll systems. They are also part of OPM's continuing efforts to provide alternative methods for agencies to assist their employees in the event of a pandemic health crisis or other major disasters or emergencies as declared by the President. Finally, the emergency leave transfer regulations have been reorganized and renumbered to aid in accessibility and enhance reader understanding. Transfer of Leave From Agency Leave Bank to Emergency Leave Transfer Program Section 6391(d) of title 5, United States Code, permits a leave bank established under 5 U.S.C. 6362 to donate annual leave to an emergency leave transfer program. OPM's regulations currently permit an agency's leave bank to donate annual leave, with the concurrence of the agency's leave bank board, to an emergency leave transfer program administered by the leave bank's employing agency. In the aftermath of Hurricane Katrina, several agencies requested that we broaden this authority to allow an agency's leave bank to donate annual leave to an emergency leave transfer program administered by another agency. We believe a broader authority would have provided an immediate benefit to employees adversely affected by Hurricane Katrina and could benefit employees adversely affected by future major disasters or emergencies. Therefore, we propose adding a new section 5 CFR 630.1104 to permit an agency's leave bank to donate, with the concurrence of the agency's leave bank board, donated annual leave to an emergency leave transfer program administered by another agency during a Governmentwide transfer of emergency leave coordinated by OPM. Procedures for Recrediting Unused Donated Annual Leave to Emergency Leave Donors On January 5, 2005, to support the standardization of pay and leave policies under the e-Payroll initiative, OPM issued a comprehensive package of proposed regulations to revise the rules concerning the determination of official duty station for location-based pay entitlements, compensatory time off for religious observances, hours of work and alternative work schedules, and absence and leave (70 FR 1068). The proposed regulations are available at *http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_register&position=all&page=1068* . The 60-day comment period ended on March 7, 2005. We received two comments from an agency and a labor union on the proposed rules for recrediting unused donated annual leave to donors under the emergency leave transfer program. Currently, when a disaster or emergency affecting an emergency leave recipient is terminated, any annual leave donated to an emergency leave transfer program must be returned to the emergency leave donors. The proposed regulations would eliminate the requirement to return unused leave to the donors if the number of hours of unused leave were less than the number of eligible donors. In effect, this would eliminate the requirement to return a fraction of an hour of leave. The labor union felt that employees who donate leave for the specific purpose of helping another employee should have that leave returned to them if unused. The agency recommended returning leave on a prorated basis to employees who donated more hours of leave instead of not returning any of the unused donated annual leave when there are more donors than hours remaining. We believe the proposed amendment to eliminate the requirement to return unused leave to the donors if the number of hours of unused leave is less than the number of eligible numbers is consistent with OPM's current regulations at 5 CFR 630.911 for restoring transferred annual leave under the voluntary leave transfer program. The amount of unused donated annual leave returned to an employee would always be proportional to the amount of annual leave donated to the emergency leave transfer program by the employer for the emergency. Further, standardizing the administrative procedures of the emergency leave transfer program to be consistent with the procedures for the voluntary leave transfer program would greatly simplify the administration of this program. However, we are inviting further comments on this proposed policy change so we can fully consider all the relevant issues before adopting any changes in the final regulations. Participation of Judicial Branch Employees in an Emergency Leave Transfer Program Public Law 109-229, effective May 31, 2006, amends 5 U.S.C. 6391 to authorize OPM to provide for the participation of Judicial branch employees in any emergency leave transfer program after consultation with the Administrative Office of the United States Courts. In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct OPM to establish an emergency leave transfer program under which an employee may donate unused annual leave for transfer to employees of his or her agency or to employees in other agencies who are adversely affected by such disaster or emergency. After consultation with the Administrative Office of the U.S. Courts, OPM is amending 5 CFR part 630, subpart K, to allow for a Judicial branch entity to participate in any emergency leave transfer program established by OPM under 5 U.S.C. 6391. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 630 Government employees. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM is proposing to amend part 630 of title 5 of the Code of Federal Regulations as follows: PART 630—ABSENCE AND LEAVE Subpart K—Emergency Leave Transfer Program 1. The authority citation for part 630 continues to read as follows: Authority: 5 U.S.C. 6311; 630.205 also issued under Pub. L. 108-411, 118 Stat 2312; 630.301 also issued under Pub. L. 103-356, 108 Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; 630.303 also issued under 5 U.S.C. 6133(a); 630.306 and 630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337, 108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 Stat. 2423; 630.501 and subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L 100-566, and Pub. L. 103-103; subpart K also issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92. 2. Part 630, subpart K is revised to read as follows: Subpart K—Emergency Leave Transfer Program Sec. 630.1101 Purpose, applicability, and administration. 630.1102 Definitions. 630.1103 Establishment of an emergency leave transfer program. 630.1104 Donations from a leave bank to an emergency leave transfer program. 630.1105 Application to become an emergency leave recipient. 630.1106 Approval of an application to become an emergency leave recipient. 630.1107 Notification of approval of an application. 630.1108 Disapproval of an application to become an emergency leave recipient. 630.1109 Use of available paid leave. 630.1110 Donating annual leave. 630.1111 Limitation on the amount of annual leave donated by an emergency leave donor. 630.1112 Limitation on the amount of donated annual leave received by an emergency leave recipient. 630.1113 Transferring donated annual leave between agencies. 630.1114 Using donated annual leave. 630.1115 Accrual of leave while using donated annual leave. 630.1116 Limitations on the use of donated annual leave. 630.1117 Termination of a disaster or emergency. 630.1118 Procedures for returning unused donated annual leave to emergency leave donors. 630.1119 Protection against coercion. § 630.1101 Purpose, applicability, and administration.

(a)*Purpose.* This subpart provides regulations to implement section 6391 of title 5, United States Code, and must be read together with section 6391. Section 6391 of title 5, United States Code, provides that in the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which an employee may donate unused annual leave for transfer to employees of his or her agency or to employees in other agencies who are adversely affected by such disaster or emergency.

(b)*Applicability.* This subpart applies to any individual who is defined as an “employee” in 5 U.S.C. 6331(1) and who is employed in—

(1)An Executive agency; or

(2)The Judicial branch.

(c)*Administration.* The head of each agency having employees subject to this subpart is responsible for the proper administration of this subpart. Each Federal agency must establish and administer procedures to permit the voluntary transfer of annual leave consistent with this subpart. § 630.1102 Definitions. In this subpart: *Agency* means—

(1)An “Executive agency,” as defined in 5 U.S.C. 105; or

(2)A Judicial branch entity. *Disaster or emergency* means a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees (e.g., loss of life or property, serious injury, or mental illness as a result of a direct threat to life or health). *Emergency leave donor* means a current employee whose voluntary written request for transfer of annual leave to an emergency leave transfer program is approved by his or her employing agency. *Emergency leave recipient* means a current employee for whom the employing agency has approved an application to receive annual leave under an emergency leave transfer program. *Emergency leave transfer program* means a program established by OPM that permits Federal employees to transfer their unused annual leave to other Federal employees adversely affected by a disaster or emergency, as declared by the President. *Employee* has the meaning given that term in 5 U.S.C. 6331(1). *Family member* has the meaning given that term in § 630.902. *Leave year* has the meaning given that term in § 630.201. *Paid leave status* has the meaning given that term in § 630.902. *Transferred leave* means donated leave credited to an approved emergency leave recipient's annual leave account. § 630.1103 Establishment of an emergency leave transfer program.

(a)When directed by the President, OPM will establish an emergency leave transfer program that permits an employee to donate his or her accrued annual leave to employees of the same or other agencies who are adversely affected by a disaster or emergency as defined in § 630.1102. In certain situations, OPM may delegate to an agency the authority to establish an emergency leave transfer program.

(b)OPM will notify agencies of the establishment of an emergency leave transfer program for a specific disaster or emergency, as declared by the President. Once notified, each agency affected by the disaster or emergency is authorized to do the following:

(1)Determine whether, and how much, donated annual leave is needed by affected employees;

(2)Approve emergency leave donors and/or emergency leave recipients within the agency, as appropriate;

(3)Facilitate the distribution of donated annual leave from approved emergency leave donors to approved emergency leave recipients within the agency; and

(4)Determine the period of time for which donated annual leave may be accepted for distribution to approved emergency leave recipients. § 630.1104 Donations from a leave bank to an emergency leave transfer program. A leave bank established under subchapter IV of chapter 63 of title 5, United States Code, and subpart J of part 630 may, with the concurrence of the leave bank board established under § 630.1003, donate annual leave to an emergency leave transfer program administered by the employing agency or another Executive branch agency or Judicial branch entity during a Governmentwide transfer of emergency leave coordinated by OPM. § 630.1105 Application to become an emergency leave recipient.

(a)An employee who has been adversely affected by a disaster or emergency may make written application to his or her employing agency to become an emergency leave recipient. If an employee is not capable of making written application, a personal representative may make written application on behalf of the employee.

(b)An employee who has a family member who has been adversely affected by a disaster or emergency also may make written application to his or her employing agency to become an emergency leave recipient. An emergency leave recipient may use donated annual leave to assist an affected family member, provided such family member has no reasonable access to other forms of assistance.

(c)For the purpose of this subpart, an employee is considered to be adversely affected by a major disaster or emergency if the disaster or emergency has caused the employee or a family member of the employee severe hardship to such a degree that his or her absence from work is required.

(d)The employee's application must be accompanied by the following information:

(1)The name, position title, and grade or pay level of the potential emergency leave recipient;

(2)A statement describing his or her need for leave from the emergency leave transfer program; and

(3)Any additional information that may be required by the potential leave recipient's employing agency.

(e)An agency may determine a time period by which employees must apply to become an emergency leave recipient after the occurrence of a disaster or emergency, as defined in 5 CFR 630.1102. § 630.1106 Approval of an application to become an emergency leave recipient. An agency must review an application to become an emergency leave recipient under procedures the agency has established for the purpose of determining that a potential leave recipient is or has been affected by a disaster or emergency, as defined in 5 CFR 630.1102. § 630.1107 Notification of approval of an application. If an employee's application to become an emergency leave recipient is approved, the agency must notify the employee (or his or her personal representative) within 10 calendar days (excluding Saturdays, Sundays, and legal public holidays) after the date the application was received (or the date established by the agency, if that date is later). § 630.1108 Disapproval of an application to become an emergency leave recipient. If an employee's application to become an emergency leave recipient is not approved, the employing agency must notify the employee (or his or her personal representative who made application on the employee's behalf) within 10 calendar days (excluding Saturdays, Sundays, and legal public holidays) after the date the application was received (or the date established by the agency, if that date is later). The agency must give the reasons for its disapproval. § 630.1109 Use of available paid leave. An approved emergency leave recipient is not required to exhaust his or her accrued annual and sick leave before receiving donated leave under the emergency leave transfer program. § 630.1110 Donating annual leave. An employee may voluntarily submit a written request to his or her agency that a specified number of hours of his or her accrued annual leave, consistent with the limitations in § 630.1111, be transferred from his or her annual leave account to an emergency leave transfer program established under § 630.1103. An emergency leave donor may not donate annual leave for transfer to a specific emergency leave recipient under this subpart. Donated leave not used by an emergency leave recipient may be returned to the emergency leave donor(s) only as provided in § 630.1118. § 630.1111 Limitation on the amount of annual leave donated by an emergency leave donor.

(a)An emergency leave donor may not contribute less than 1 hour nor more than 104 hours of annual leave in a leave year to an emergency leave transfer program. Each agency may establish written criteria for waiving the 104-hour limitation on donating annual leave in a leave year.

(b)Annual leave donated to an emergency leave transfer program may not be applied against the limitations on the donation of annual leave under the voluntary leave transfer or leave bank programs established under 5 U.S.C. 6332 and 6362, respectively. § 630.1112 Limitation on the amount of donated annual leave received by an emergency leave recipient. An emergency leave recipient may receive a maximum of 240 hours of donated annual leave at any one time from an emergency leave transfer program for each disaster or emergency. § 630.1113 Transferring donated annual leave between agencies.

(a)If an agency does not receive sufficient amounts of donated annual leave to meet the needs of approved emergency leave recipients within the agency, the agency may contact OPM to obtain assistance in receiving donated leave from other agencies. The agency must notify OPM of the total amount of donated annual leave needed for transfer to the agency's approved emergency leave recipients. OPM will solicit and coordinate the transfer of donated annual leave from other Federal agencies to affected agencies who may have a shortfall of donated annual leave. OPM will determine the period of time for which donations of accrued annual leave may be accepted for transfer to affected agencies.

(b)Each Federal agency OPM contacts for the purpose of providing donated annual leave to an agency in need must—

(1)Approve emergency leave donors under the conditions specified in §§ 630.1110 and 630.1111 and determine how much donated annual leave is available for transfer to an affected agency;

(2)Report the total amount of annual leave donated to the emergency leave transfer program to OPM; and

(3)When OPM has accepted the donated annual leave, debit the amount of annual leave donated to the emergency leave transfer program from each emergency leave donor's annual leave account.

(c)OPM will notify each affected agency of the aggregate amount of donated annual leave that will be credited to it for transfer to its approved emergency leave recipient(s). The affected agency will determine the amount of donated annual leave to be transferred to each emergency leave recipient (an amount that may vary according to individual needs).

(d)The affected agency must credit the annual leave account of each approved emergency leave recipient as soon as possible after the date OPM notifies the agency of the amount of donated annual leave that will be credited to the agency under paragraph

(c)of this section. § 630.1114 Using donated annual leave.

(a)Any donated leave an emergency leave recipient receives from an emergency leave transfer program may be used only for purposes related to the disaster or emergency for which the emergency leave recipient was approved. Each agency is responsible for ensuring that leave donated under the emergency leave transfer program is used appropriately.

(b)Annual leave transferred under this subpart may be—

(1)Substituted retroactively for any period of leave without pay used because of the adverse effects of the disaster or emergency; or

(2)Used to liquidate an indebtedness incurred by the emergency leave recipient for advanced annual or sick leave used because of the adverse effects of the disaster or emergency. The agency may advance annual or sick leave, as appropriate (even if the employee has available annual and sick leave), so that the emergency leave recipient is not forced to use his or her accrued leave before donated annual leave becomes available. § 630.1115 Accrual of leave while using donated annual leave. While an emergency leave recipient is using donated annual leave from an emergency leave transfer program, annual and sick leave continue to accrue to the credit of the employee at the same rate as if he or she were in a paid leave status under 5 U.S.C. chapter 63, subchapter I, and will be subject to the limitations imposed by 5 U.S.C. 6304(a), (b), (c), and

(f)at the end of the leave year in which the transferred annual leave is received. § 630.1116 Limitations on the use of donated annual leave. Donated annual leave transferred to a leave recipient under this subpart may not be—

(a)Included in a lump-sum payment under 5 U.S.C. 5551 or 5552;

(b)Recredited to an employee who is reemployed by a Federal agency; or

(c)Used to establish initial eligibility for immediate retirement or acquire eligibility to continue health benefits into retirement under 5 U.S.C. 6302(g). § 630.1117 Termination of a disaster or emergency. The disaster or emergency affecting the employee as an emergency leave recipient terminates—

(a)When the employing agency determines that the disaster or emergency has terminated;

(b)When the employee's Federal service terminates;

(c)At the end of the biweekly pay period in which the employee, or his or her personal representative, notifies the emergency leave recipient's agency that he or she is no longer affected by such disaster or emergency;

(d)At the end of the biweekly pay period in which the employee's agency determines, after giving the employee or his or her personal representative written notice and an opportunity to answer orally or in writing, that the employee is no longer affected by such disaster or emergency; or

(e)At the end of the biweekly pay period in which the employee's agency receives notice that OPM has approved an application for disability retirement for the emergency leave recipient under the Civil Service Retirement System or the Federal Employees' Retirement System, as appropriate. § 630.1118 Procedures for returning unused donated annual leave to emergency leave donors.

(a)When a disaster or emergency is terminated, any unused annual leave donated to an emergency leave transfer program must be returned to the emergency leave donors as provided in paragraph

(b)of this section. The amount of remaining annual leave to be returned to each emergency leave donor must be proportional to the amount of annual leave donated by the employee to the emergency leave transfer program for such disaster or emergency. Annual leave donated to an emergency leave transfer program for a specific disaster or emergency may not be transferred to another emergency leave transfer program established for a different disaster or emergency.

(b)Each agency must establish procedures to return unused donated annual leave to emergency leave donors. Each agency must determine the amount of annual leave to be restored to each of the emergency leave donors who, on the date leave restoration is made, is employed by a Federal agency. If the total number of eligible leave donors exceeds the total number of hours of annual leave to be restored, no unused transferred annual leave will be restored.

(c)At the election of the emergency leave donor, he or she may choose to have the agency restore unused donated annual leave by crediting the restored annual leave to the emergency leave donor's annual leave account in either the current leave year or the first pay period of the following leave year. § 630.1119 Protection against coercion.

(a)An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any emergency leave donor or emergency leave recipient for the purpose of interfering with any right such employee may have with respect to donating, receiving, or using annual leave under this subpart.

(b)For the purpose of paragraph

(a)of this section, the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as appointment or promotion or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). [FR Doc. E7-20205 Filed 10-12-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28059; Directorate Identifier 2007-NE-13-AD] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc

(RR)RB211 Trent 500, 700, and 800 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

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

(MCAI)provided by the aviation authority of the United Kingdom to identify and correct an unsafe condition on an aviation product. The MCAI states the following: This action is necessary following the discovery of IP Compressor Rotor rear balance land cracking on an in-service Trent 800 engine. Stress analysis of the damaged rotor has shown a possible threat to the rotor integrity, the cracking therefore presents a potential unsafe condition. We are proposing this AD to detect cracking on the intermediate pressure

(IP)Compressor rotor rear balance land. IP compressor rotor rear balance land cracking can lead to uncontained failure of the rotor and damage to the airplane. DATES: We must receive comments on this proposed AD by November 14, 2007. ADDRESSES: You may send comments by any of the following methods: • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*

(202)493-2251. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov;* telephone

(781)238-7175; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-28059; Directorate Identifier 2007-NE-13-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2007-0052, dated February 23, 2007 to correct an unsafe condition for the specified products. The EASA AD states: This Airworthiness Directive requires inspections for cracks in the rear balance land of the IP Compressor Rotor. The inspections comprise an on-wing one-off inspection by borescope for RR Trent 800 engines which must be completed within a short timescale, and in-shop inspections to be completed at each opportunity for RR Trent 500, 700 and 800 engines (the in-shop inspection may be carried out in lieu of the on-wing inspection for the Trent 800 engines if it is accomplished within the timescale applicable to the on-wing inspection). This action is necessary following the discovery of IP Compressor Rotor rear balance land cracking on an in-service Trent 800 engine. Stress analysis of the damaged rotor has shown a possible threat to the rotor integrity, the cracking therefore presents a potential unsafe condition. The cause of the cracking is currently not fully understood but evidence suggests it relates to an unusual balance weight condition. You may obtain further information by examining the EASA AD in the AD docket. Relevant Service Information RR has issued Alert Service Bulletin

(ASB)RB.211-72-AF313, dated February 22, 2007 and ASB RB.211-72-AF260, Revision 1, dated January 17, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the EASA AD. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of the United Kingdom, and is approved for operation in the United States. Pursuant to our bilateral agreement with the United Kingdom, they have notified us of the unsafe condition described in the EASA AD and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require inspecting the IP Compressor rotor rear balance land for cracks. Costs of Compliance We estimate that this proposed AD would affect about 110 engines installed on airplanes of U.S. registry. We also estimate that it would take about 3.5 work-hours per engine to perform the proposed actions and that the average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $30,800. Our cost estimate is exclusive of possible warranty coverage. 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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: **Rolls-Royce plc:** Docket No. FAA-2007-28059; Directorate Identifier 2007-NE-13-AD. Comments Due Date

(a)We must receive comments by November 14, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Rolls-Royce plc RB211 Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61, 560-61, 560A2-61, 768-60, 772-60, 772B-60, 772C-60, 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 turbofan engines. These engines are installed on, but not limited to, Airbus A330, A340-500, A340-600, and Boeing 777 series airplanes. Reason

(d)This action is necessary following the discovery of IP Compressor Rotor rear balance land cracking on an in-service Trent 800 engine. Stress analysis of the damaged rotor has shown a possible threat to the rotor integrity, the cracking therefore presents a potential unsafe condition. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. We are proposing this AD to detect cracking on the intermediate pressure

(IP)Compressor rotor rear balance land. IP compressor rotor rear balance land cracking can lead to uncontained failure of the rotor and damage to the airplane. Actions and Compliance

(e)Unless already done, do the following actions: Inspection—On-Wing

(1)Applicable to RR Trent 800 engines not previously inspected per Rolls-Royce RB211 Propulsion System Alert Non Modification Service Bulletin RB.211-72-AF260, Revision 1, dated January 17, 2007 or original issue, dated October17, 2006: Within 400 flight cycles of the Effective Date of this AD inspect the IP Compressor rotor rear balance land for cracks in accordance with Rolls-Royce RB211 Propulsion System Alert Non Modification Service Bulletin RB.211-72-AF313, dated February 22, 2007 section 3 Accomplishment Instructions. Engines on which cracking is found should be rejected from service. Inspection—In-Shop

(2)Applicable to RR Trent 500, 700 and 800 engines at each shop visit in which the engine is sufficiently disassembled to access the IP Compressor Module rear face: Inspect the IP Compressor rotor rear balance land for cracks in accordance with Rolls-Royce RB211 Propulsion System Alert Non Modification Service Bulletin RB.211-72-AF260, Revision 1, dated January 17, 2007, or original issue section 3 Accomplishment Instructions. Other FAA AD Provisions

(f)*Alternative Methods of Compliance (AMOCs):* The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(g)Refer to EASA Airworthiness Directive 2007-0052, dated February 23, 2007, and Rolls-Royce plc Alert Service Bulletin

(ASB)RB.211-72-AF313, dated February 22, 2007, and ASB RB.211-72-AF260, Revision 1, dated January 17, 2007, for related information.

(h)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov* ; telephone

(781)238-7175; fax

(781)238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on October 9, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-20242 Filed 10-12-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 541 [Docket No. NHTSA 2007-28874] Preliminary Theft Data; Motor Vehicle Theft Prevention Standard AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Publication of preliminary theft data; request for comments. SUMMARY: This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year

(CY)2005 including theft rates for existing passenger motor vehicle lines manufactured in model year

(MY)2005. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2005 vehicles (1.85 thefts per thousand vehicles) increased by 1.1 percent from the theft rate for CY/MY 2004 vehicles (1.83 thefts per thousand vehicles). Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment. DATES: Comments must be submitted on or before December 14, 2007. ADDRESSES: You may submit comments (identified by DOT Docket No. NHTSA-2007-28874) by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov* . *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* . or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard's telephone number is

(202)366-0846. Her fax number is

(202)493-2990. SUPPLEMENTARY INFORMATION: NHTSA administers a program for reducing motor vehicle theft. The central feature of this program is the Federal Motor Vehicle Theft Prevention Standard, 49 CFR Part 541. The standard specifies performance requirements for inscribing or affixing vehicle identification numbers

(VINs)onto certain major original equipment and replacement parts of high-theft lines of passenger motor vehicles. The agency is required by 49 U.S.C. 33104(b)(4) to periodically obtain, from the most reliable source, accurate and timely theft data, and publish the data for review and comment. To fulfill the § 33104(b)(4) mandate, this document reports the preliminary theft data for CY 2005 the most recent calendar year for which data are available. In calculating the 2005 theft rates, NHTSA followed the same procedures it used in calculating the MY 2004 theft rates. (For 2004 theft data calculations, see 71 FR 59400, October 10, 2006.) As in all previous reports, NHTSA's data were based on information provided to the agency by the National Crime Information Center

(NCIC)of the Federal Bureau of Investigation. The NCIC is a governmental system that receives vehicle theft information from nearly 23,000 criminal justice agencies and other law enforcement authorities throughout the United States. The NCIC data also include reported thefts of self-insured and uninsured vehicles, not all of which are reported to other data sources. The 2005 theft rate for each vehicle line was calculated by dividing the number of reported thefts of MY 2005 vehicles of that line stolen during calendar year 2005, by the total number of vehicles in that line manufactured for MY 2005, as reported by manufacturers to the Environmental Protection Agency. The preliminary 2005 theft data show an increase in the vehicle theft rate when compared to the theft rate experienced in CY/MY 2004. The preliminary theft rate for MY 2005 passenger vehicles stolen in calendar year 2005 increased to 1.85 thefts per thousand vehicles produced, an increase of 1.1 percent from the rate of 1.83 thefts per thousand vehicles experienced by MY 2004 vehicles in CY 2004. For MY 2005 vehicles, out of a total of 233 vehicle lines, 24 lines had a theft rate higher than 3.5826 per thousand vehicles, the established median theft rate for MYs 1990/1991 (See 59 FR 12400, March 16, 1994). Of the 24 vehicle lines with a theft rate higher than 3.5826, 21 are passenger car lines, two are multipurpose passenger vehicle lines, and one is a light-duty truck line. EP15OC07.000 In Table I, NHTSA has tentatively ranked each of the MY 2005 vehicle lines in descending order of theft rate. Public comment is sought on the accuracy of the data, including the data for the production volumes of individual vehicle lines. Comments must not exceed 15 pages in length (49 CFR part 553.21). Attachments may be appended to these submissions without regard to the 15 page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion. If a commenter wishes to submit certain information under a claim of confidentiality, three copies of the complete submission, including purportedly confidential business information, should be submitted to the Chief Counsel, NHTSA, at the street address given above, and two copies from which the purportedly confidential information has been deleted should be submitted to Dockets. A request for confidentiality should be accompanied by a cover letter setting forth the information specified in the agency's confidential business information regulation. 49 CFR part 512. All comments received before the close of business on the comment closing date indicated above for this document will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Comments on this document will be available for inspection in the docket. NHTSA will continue to file relevant information as it becomes available for inspection in the docket after the closing date, and it is recommended that interested persons continue to examine the docket for new material. Those persons desiring to be notified upon receipt of their comments in the rules docket should enclose a self-addressed, stamped postcard in the envelope with their comments. Upon receiving the comments, the docket supervisor will return the postcard by mail. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* Authority: 49 U.S.C. 33101, 33102 and 33104; delegation of authority at 49 CFR 1.50. Preliminary Report of Theft Rates for Model Year 2005 Passenger Motor Vehicles Stolen in Calendar Year 2005 Manufacturer Make/model

(line)Thefts 2005 Production (mfr's) 2005 2005 Theft rate (per 1,000 vehicles produced) 1 TOYOTA TOYOTA TUNDRA PICKUP 265 14,194 18.6699 2 SUZUKI AERIO 77 11,804 6.5232 3 KIA RIO 156 26,328 5.9253 4 MERCEDES BENZ 215 (CL-CLASS) 9 1,601 5.6215 5 JAGUAR XKR 4 748 5.3476 6 GENERAL MOTORS CHEVROLET MONTE CARLO 188 35,876 5.2403 7 MITSUBISHI GALANT 150 28,808 5.2069 8 DAIMLERCHRYSLER DODGE NEON 783 154,231 5.0768 9 DAIMLERCHRYSLER DODGE MAGNUM 387 79,254 4.8830 10 DAIMLERCHRYSLER CHRYSLER SEBRING 242 49,892 4.8505 11 DAIMLERCHRYSLER DODGE STRATUS 452 94,735 4.7712 12 KIA OPTIMA 145 31,362 4.6234 13 MITSUBISHI LANCER 141 31,226 4.5155 14 NISSAN SENTRA 519 116,354 4.4605 15 GENERAL MOTORS CHEVROLET MALIBU 908 212,400 4.2750 16 TOYOTA TOYOTA ECHO 43 10,540 4.0797 17 GENERAL MOTORS PONTIAC GRAND AM 248 61,502 4.0324 18 TOYOTA LEXUS GS 12 3,004 3.9947 19 SUZUKI FORENZA 129 33,387 3.8638 20 NISSAN INFINITI FX45 7 1,850 3.7838 21 GENERAL MOTORS CHEVROLET CAVALIER 351 95,838 3.6624 22 HONDA ACURA RSX 69 19,135 3.6060 23 KIA SPECTRA 191 53,027 3.6019 24 HONDA S2000 32 8,921 3.5870 25 MASERATI SPYDER/F1 1 289 3.4602 26 GENERAL MOTORS PONTIAC SUNFIRE 132 38,239 3.4520 27 DAIMLERCHRYSLER CHRYSLER SEBRING CONVERTIBLE 114 33,498 3.4032 28 SUZUKI VITARA/GRAND VITARA 81 24,542 3.3005 29 TOYOTA TOYOTA MR2 SPYDER 3 912 3.2895 30 TOYOTA LEXUS IS 20 6,343 3.1531 31 DAIMLERCHRYSLER CHRYSLER 300 499 158,545 3.1474 32 SUZUKI VERONA 23 7,409 3.1043 33 HYUNDAI ACCENT 158 51,121 3.0907 34 GENERAL MOTORS CHEVROLET AVEO 196 64,250 3.0506 35 HYUNDAI TIBURON 46 15,100 3.0464 36 GENERAL MOTORS CHEVROLET IMPALA 701 230,633 3.0395 37 NISSAN 350Z 82 27,146 3.0207 38 MITSUBISHI ECLIPSE 25 8,471 2.9512 39 FORD MOTOR CO LINCOLN LS 64 21,743 2.9435 40 GENERAL MOTORS CHEVROLET COBALT 410 140,975 2.9083 41 NISSAN INFINITI QX56 36 12,666 2.8423 42 NISSAN MAXIMA 209 73,931 2.8270 43 NISSAN ALTIMA 1,035 368,779 2.8066 44 MAZDA 6 191 68,252 2.7985 45 SUZUKI RENO 16 5,736 2.7894 46 TOYOTA SCION XB 187 67,396 2.7746 47 SUBARU IMPREZA 103 38,390 2.6830 48 GENERAL MOTORS PONTIAC GRAND PRIX 284 107,972 2.6303 49 FORD MOTOR CO FORD TAURUS 527 201,826 2.6112 50 FORD MOTOR CO FORD FOCUS 637 245,780 2.5917 51 TOYOTA TOYOTA CELICA 11 4,258 2.5834 52 BMW M3 14 5,471 2.5589 53 GENERAL MOTORS PONTIAC GTO 28 11,065 2.5305 54 ROLLS ROYCE PHANTOM 1 399 2.5063 55 FORD MOTOR CO FORD MUSTANG 362 145,599 2.4863 56 MITSUBISHI OUTLANDER 36 14,983 2.4027 57 GENERAL MOTORS CHEVROLET BLAZER S10/T10 12 5,018 2.3914 58 NISSAN INFINITI FX35 72 30,172 2.3863 59 DAIMLERCHRYSLER JEEP WRANGLER 178 74,706 2.3827 60 GENERAL MOTORS CADILLAC XLR 9 3,828 2.3511 61 BMW 6 25 10,636 2.3505 62 TOYOTA TOYOTA COROLLA 864 368,744 2.3431 63 TOYOTA SCION TC 146 62,321 2.3427 64 NISSAN FRONTIER PICKUP 146 62,799 2.3249 65 MITSUBISHI ENDEAVOR 46 20,871 2.2040 66 HYUNDAI SONATA 175 79,781 2.1935 67 MAZDA B SERIES PICKUP 12 5,686 2.1104 68 HYUNDAI ELANTRA 277 132,495 2.0906 69 MITSUBISHI MONTERO 8 3,829 2.0893 70 GENERAL MOTORS PONTIAC G6 128 62,481 2.0486 71 NISSAN XTERRA 113 55,179 2.0479 72 KIA SEDONA VAN 156 76,527 2.0385 73 FORD MOTOR CO FORD RANGER PICKUP 209 103,723 2.0150 74 VOLKSWAGEN GOLF/GTI 29 14,447 2.0073 75 HONDA CIVIC 577 288,917 1.9971 76 KIA SORENTO 114 57,272 1.9905 77 MERCEDES BENZ 203 (C-CLASS) 139 70,818 1.9628 78 HONDA ACURA TSX 70 35,836 1.9533 79 ISUZU ASCENDER 14 7,219 1.9393 80 MAZDA RX-8 34 17,608 1.9309 81 KIA AMANTI 43 22,858 1.8812 82 TOYOTA SCION XA 60 32,132 1.8673 83 TOYOTA TOYOTA TACOMA PICKUP 283 151,776 1.8646 84 JAGUAR XJ8/XJ8L 8 4,330 1.8476 85 NISSAN INFINITI G35 120 65,227 1.8397 86 JAGUAR S-TYPE 25 13,629 1.8343 87 MAZDA 3 158 86,184 1.8333 88 DAIMLERCHRYSLER CHRYSLER PT CRUISER 240 133,335 1.8000 89 TOYOTA LEXUS SC 16 9,019 1.7740 90 NISSAN INFINITI Q45 3 1,712 1.7523 91 NISSAN PATHFINDER 143 82,667 1.7298 92 MERCEDES BENZ 208 (CLK-CLASS) 37 21,724 1.7032 93 SUBARU BAJA 14 8,244 1.6982 94 AUDI A4/A4 QUATTRO/S4/S4 AVANT 80 47,470 1.6853 95 GENERAL MOTORS CHEVROLET TRAILBLAZER 311 184,671 1.6841 96 TOYOTA TOYOTA CAMRY/SOLARA 732 437,173 1.6744 97 NISSAN QUEST VAN 60 35,913 1.6707 98 GENERAL MOTORS PONTIAC AZTEK 17 10,197 1.6672 99 DAIMLERCHRYSLER JEEP GRAND CHEROKEE 356 214,714 1.6580 100 MERCEDES BENZ 170 (SLK-CLASS) 17 10,310 1.6489 101 GENERAL MOTORS BUICK CENTURY 65 40,051 1.6229 102 FORD MOTOR CO FORD EXPLORER 317 196,740 1.6113 103 FORD MOTOR CO MERCURY SABLE 58 36,134 1.6051 104 SAAB 9-2X 9 5,713 1.5754 105 HONDA ACCORD 576 371,940 1.5486 106 FORD MOTOR CO FORD EXPLORER SPORT TRAC 83 53,640 1.5474 107 HONDA ACURA 3.2 TL 125 82,497 1.5152 108 GENERAL MOTORS CHEVROLET COLORADO 206 136,994 1.5037 109 BMW 3 88 58,554 1.5029 110 BMW 5 42 28,346 1.4817 111 FORD MOTOR CO MERCURY MOUNTAINEER 48 32,416 1.4808 112 GENERAL MOTORS SATURN ION 104 71,021 1.4644 113 DAIMLERCHRYSLER CHRYSLER CROSSFIRE 36 24,679 1.4587 114 GENERAL MOTORS GMC ENVOY 102 70,105 1.4550 115 KIA SPORTAGE 35 24,351 1.4373 116 GENERAL MOTORS GMC CANYON PICKUP 56 39,149 1.4304 117 FORD MOTOR CO LINCOLN TOWN CAR 67 46,853 1.4300 118 MERCEDES BENZ 129 (SL-CLASS) 15 10,586 1.4170 119 NISSAN MURANO 102 72,482 1.4072 120 TOYOTA TOYOTA MATRIX 99 72,719 1.3614 121 HYUNDAI SANTA FE 100 73,979 1.3517 122 HYUNDAI XG300 27 20,099 1.3434 123 GENERAL MOTORS PONTIAC VIBE 95 71,357 1.3313 124 GENERAL MOTORS CADILLAC DEVILLE 76 57,246 1.3276 125 VOLKSWAGEN JETTA 116 87,710 1.3225 126 AUDI A8 7 5,336 1.3118 127 VOLKSWAGEN PHAETON 1 768 1.3021 128 MAZDA TRIBUTE 68 52,267 1.3010 129 JAGUAR VANDEN PLAS/SUPER V8 4 3,075 1.3008 130 FORD MOTOR CO FORD CROWN VICTORIA 24 18,754 1.2797 131 FORD MOTOR CO FORD FREESTAR VAN 92 72,690 1.2656 132 GENERAL MOTORS CHEVROLET ASTRO VAN 29 23,439 1.2373 133 DAIMLERCHRYSLER CHRYSLER PACIFICA 146 118,329 1.2338 134 GENERAL MOTORS PONTIAC BONNEVILLE 26 21,519 1.2082 135 GENERAL MOTORS CADILLAC CTS 74 61,323 1.2067 136 BMW 7 9 7,495 1.2008 137 DAIMLERCHRYSLER DODGE CARAVAN/GRAND CARAVAN 440 367,439 1.1975 138 TOYOTA TOYOTA 4RUNNER 127 106,810 1.1890 139 DAIMLERCHRYSLER DODGE VIPER 2 1,692 1.1820 140 HYUNDAI TUCSON 71 61,346 1.1574 141 ASTON MARTIN DB9 1 874 1.1442 142 GENERAL MOTORS GMC SAFARI VAN 5 4,441 1.1259 143 FORD MOTOR CO FORD FIVE HUNDRED 109 97,689 1.1158 144 VOLVO V70 9 8,070 1.1152 145 MERCEDES BENZ 220 (S-CLASS) 13 11,831 1.0988 146 FORD MOTOR CO FORD THUNDERBIRD 10 9,189 1.0883 147 BMW X3 31 28,657 1.0818 148 TOYOTA LEXUS LS 31 29,049 1.0672 149 GENERAL MOTORS CHEVROLET EQUINOX 192 183,758 1.0449 150 FORD MOTOR CO FORD ESCAPE 252 243,658 1.0342 151 DAIMLERCHRYSLER JEEP LIBERTY 178 173,110 1.0282 152 TOYOTA LEXUS ES 83 80,735 1.0281 153 TOYOTA LEXUS GX 28 27,260 1.0271 154 TOYOTA TOYOTA AVALON 59 57,577 1.0247 155 GENERAL MOTORS CHEVROLET CORVETTE 34 33,810 1.0056 156 GENERAL MOTORS BUICK LESABRE 105 105,985 0.9907 157 TOYOTA LEXUS RX 94 96,140 0.9777 158 PORSCHE BOXSTER 6 6,142 0.9769 159 GENERAL MOTORS CHEVROLET VENTURE VAN 24 25,341 0.9471 160 ROLLS ROYCE BENTLEY CONTINENTAL 3 3,176 0.9446 161 VOLVO S40 24 25,722 0.9331 162 TOYOTA TOYOTA RAV4 75 82,037 0.9142 163 BMW Z4 10 11,079 0.9026 164 HONDA ELEMENT 47 52,440 0.8963 165 FORD MOTOR CO MERCURY MARINER 29 32,734 0.8859 166 GENERAL MOTORS SATURN LS 6 6,790 0.8837 167 FORD MOTOR CO MERCURY GRAND MARQUIS 61 69,862 0.8731 168 TOYOTA TOYOTA HIGHLANDER 113 130,146 0.8683 169 GENERAL MOTORS BUICK PARK AVENUE 8 9,282 0.8619 170 GENERAL MOTORS SATURN VUE 56 65,105 0.8601 171 VOLKSWAGEN PASSAT 30 35,149 0.8535 172 PORSCHE 911 7 8,391 0.8342 173 GENERAL MOTORS CADILLAC STS 31 37,226 0.8328 174 TOYOTA TOYOTA SIENNA VAN 144 172,999 0.8324 175 GENERAL MOTORS BUICK LACROSSE/ALLURE 68 81,894 0.8303 176 LAND ROVER FREELANDER 2 2,441 0.8193 177 MAZDA MPV VAN 15 18,902 0.7936 178 HONDA ACURA 3.5 RL 17 21,526 0.7897 179 VOLKSWAGEN NEW BEETLE 27 34,410 0.7847 180 AUDI A6/A6 QUATTRO/S6/S6 AVANT 12 15,432 0.7776 181 DAIMLERCHRYSLER CHRYSLER TOWN & COUNTRY 195 253,162 0.7703 182 GENERAL MOTORS BUICK RENDEZVOUS 42 54,775 0.7668 183 VOLVO XC90 33 43,213 0.7637 184 FORD MOTOR CO MERCURY MONTEREY VAN 5 6,703 0.7459 185 MERCEDES BENZ 210 (E-CLASS) 30 40,445 0.7417 186 VOLVO S80 8 10,918 0.7327 187 GENERAL MOTORS BUICK RAINIER 10 13,648 0.7327 188 VOLVO S60 15 23,029 0.6514 189 BMW MINI COOPER 30 47,444 0.6323 190 HONDA CR-V 88 144,472 0.6091 191 SAAB 9-3 13 21,433 0.6065 192 LOTUS ELISE 2 3,320 0.6024 193 SUBARU LEGACY/OUTBACK 21 34,944 0.6010 194 AUDI ALLROAD QUATTRO 2 3,420 0.5848 195 HONDA ACURA MDX 35 60,287 0.5806 196 HONDA PILOT 81 142,118 0.5699 197 GENERAL MOTORS CHEVROLET UPLANDER VAN 30 52,713 0.5691 198 GENERAL MOTORS CADILLAC SRX 13 23,498 0.5532 199 FORD MOTOR CO FORD FREESTYLE 40 75,643 0.5288 200 HONDA ODYSSEY VAN 85 161,742 0.5255 201 FORD MOTOR CO FORD GT 1 1,907 0.5244 202 SAAB 9-7X 1 1,999 0.5003 203 MAZDA MX-5 MIATA 2 4,135 0.4837 204 SUBARU FORESTER 24 50,942 0.4711 205 FORD MOTOR CO MERCURY MONTEGO 13 28,517 0.4559 206 GENERAL MOTORS PONTIAC MONTANA VAN 14 31,583 0.4433 207 TOYOTA TOYOTA PRIUS 46 121,020 0.3801 208 SUBARU OUTBACK 29 79,980 0.3626 209 JAGUAR X-TYPE 4 11,299 0.3540 210 GENERAL MOTORS SATURN RELAY 6 17,794 0.3372 211 SAAB 9-5 2 6,137 0.3259 212 VOLVO V50 2 6,909 0.2895 213 GENERAL MOTORS BUICK TERRAZA VAN 2 19,848 0.1008 214 MASERATI GRANSPORT 0 490 0.0000 215 MASERATI QUATTROPORTE 0 1,311 0.0000 216 HONDA ACURA NSX 0 249 0.0000 217 ASTON MARTIN VANQUISH 0 165 0.0000 218 AUDI TT 0 3,375 0.0000 219 ROLLS ROYCE BENTLEY ARNAGE 0 361 0.0000 220 GENERAL MOTORS CADILLAC FUNERAL COACH/HEARSE 0 854 0.0000 221 GENERAL MOTORS CADILLAC LIMOUSINE 0 472 0.0000 222 FERRARI MARANELLO/F1 0 235 0.0000 223 FERRARI SCAGLIETTI/F1 0 228 0.0000 224 FERRARI SPIDER/F1 0 1,093 0.0000 225 GENERAL MOTORS CHEVROLET CLASSIC 0 83,060 0.0000 226 GENERAL MOTORS GMC K2500 0 51 0.0000 227 HONDA INSIGHT 0 591 0.0000 228 JAGUAR XJR 0 741 0.0000 229 JAGUAR XK8 0 1,760 0.0000 230 NISSAN ARMADA 0 34,803 0.0000 231 NISSAN TITAN 0 77,628 0.0000 232 SPYKER C8 0 7 0.0000 233 VOLVO XC70 0 14,806 0.0000 Issued on: October 5, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 07-5022 Filed 10-12-07; 8:45 am]

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