Unknown. Final rule; request for comments

7,275 words·~33 min read·/register/2007/10/22/07-5175

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-2007-10-22.xml --- 72 203 Monday, October 22, 2007 Contents Agriculture Agriculture Department See Forest Service Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.: Coordinating Center for Health Promotion— Scientific Counselors Board, 59533 E7-20718 Coordinating Office for Terrorism Preparedness and Emergency Response— Scientific Counselors Board, 59533-59534 E7-20717 National Center for Health Marketing— Scientific Counselors Board, 59534 E7-20692 National Center for Injury Prevention and Control— Scientific Counselors Board, 59534 E7-20701 Meetings:

Advisory Committee to Director, 59534-59535 E7-20696 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels; correction, 59535 E7-20688 Healthcare Infection Control Practices Advisory Committee; correction, 59535 E7-20699 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 59535-59536 07-5176 Civil Civil Rights Commission NOTICES Senior Executive Service Performance Review Board; membership, 59511 E7-20702 Coast Guard Coast Guard PROPOSED RULES Anchorage regulations:

Florida, 59491-59494 E7-20608 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 59514-59515 07-5184 07-5185 Education Education Department PROPOSED RULES Postsecondary education:

Higher Education Act of 1965, Title IV; negotiated rulemaking committees; establishment, 59494-59496 E7-20785 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59515-59516 E7-20752 Grants and cooperative agreements; availability, etc.: Postsecondary education— Undergraduate International Studies and Foreign Language Program, 59516-59520 E7-20762 Employee Employee Benefits Security Administration NOTICES Meetings: Employee Welfare and Pension Benefit Plans Advisory Council, 59552-59553 E7-20721 E7-20722 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

Alyeska Pipeline Service Co., 59553 E7-20728 KLA-Tencor et al., 59553-59554 E7-20724 Sherwood Forest Family Golf, 59554-59555 E7-20726 Steelcase Inc., 59555 E7-20723 Sunrise Medical, Inc., 59555-59556 E7-20727 Track Corp., 59556 E7-20725 Energy Energy Department See Federal Energy Regulatory Commission RULES Energy conservation: Commercial and industrial equipment; energy efficiency program— Residential central air conditioners and heat pumps; test procedure, 59906-59934 07-5142 NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Idaho National Laboratory, 59520 E7-20689 EPA Environmental Protection Agency RULES Air quality implementation plans; limited approval under Clean Air Interstate Rule: Indiana, 59480-59488 E7-20249 PROPOSED RULES Air quality implementation plans; limited approval under Clean Air Interstate Rule: Indiana, 59506-59507 E7-20250 FAA Federal Aviation Administration RULES Airmen certification: Flight simulation device; initial and continuing qualification and use requirements; delay of effective and compliance dates, 59598-59599 07-4888 Airworthiness directives:

Bell Helicopter Textron Canada, 59475-59477 E7-20681 PROPOSED RULES Airmen certification: Flight simulation training device initial and continuing qualification and use, 59600-59903 07-4884 NOTICES Air traffic operating and flight rules, etc.: John F. Kennedy International Airport, NY; operating limitations during peak hours, information request, and meeting, 59579-59583 07-5177 FCC Federal Communications Commission RULES Radio stations; table of assignments: Oklahoma and Texas, 59488 E7-20745 Oregon, 59488 E7-20744 PROPOSED RULES Radio stations; table of assignments:

Oklahoma, 59508-59509 E7-20732 E7-20735 Oregon, 59507-59508 E7-20747 Texas, 59509-59510 E7-20741 E7-20754 E7-20766 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59530-59532 E7-20733 E7-20734 E7-20750 E7-20755 Rulemaking proceedings; petitions filed, granted, denied, etc., 59532-59533 E7-20737 E7-20760 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 59533 07-5231 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent:

Black Bayou Storage, LLC, 59521-59523 E7-20716 Hydroelectric applications, 59523-59529 E7-20710 E7-20711 E7-20712 E7-20713 E7-20714 Off-the record communications, 59529-59530 E7-20715 *Applications, hearings, determinations, etc.:* Regional Transmissions Organizations et al., 59521 E7-20708 Royal Bank of Scotland, plc, 59521 E7-20709 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Calvert and St. Mary's Counties, MD, 59583 07-5190 Federal agency actions on proposed highways; judicial review:

Pierce County, WA; SR 167 Extension Project Puyallup to SR 509, 59583-59584 E7-20694 Federal Housing Federal Housing Enterprise Oversight Office NOTICES Reports and guidance documents; availability, etc.: Conforming loan limit calculations; examination guidance revision, 59545-59549 E7-20743 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Financial Management Service: Offset of tax refund payments; child support collection, 59480 07-5175 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 59536 E7-20756 Human drugs:

Prescription drug products; prescribing information; electronic distribution; hearing, 59536-59537 E7-20759 Forest Forest Service PROPOSED RULES National Forest System timber; sale and disposal: Special forest products and forest botanical products, 59496-59506 E7-20658 NOTICES Meetings: Pacific Southwest Recreation Resource Advisory Committee, 59511 E7-20693 Resource Advisory Committees— Ravalli County, 59511 07-5109 Geological Geological Survey NOTICES Meetings: National Cooperative Geologic Mapping Program Advisory Committee, 59549 07-5189 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

National Network for Oral Health Access, 59537-59538 E7-20703 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office RULES Public and Indian housing: Housing Choice Voucher Program— Homeownership option; units not yet under construction; eligibility, 59936-59938 E7-20686 NOTICES Grants and cooperative agreements; availability, etc.: Doctoral Dissertation Research Grant Program, 59543-59544 E7-20695 Early Doctoral Student Research Grant Program, 59544-59545 E7-20687 Industry Industry and Security Bureau NOTICES Senior Executive Service Performance Review Board; membership, 59512 E7-20736 Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59593-59595 E7-20704 E7-20705 E7-20706 E7-20720 Meetings:

Art Advisory Panel, 59595 E7-20719 Electronic Tax Administration Advisory Committee, 59595-59596 E7-20707 International International Trade Administration NOTICES Antidumping: Orange juice from— Brazil, 59512-59513 E7-20751 Tariff rate quotas: Cotton shirting fabric, 59513 E7-20749 International International Trade Commission NOTICES Import investigations: Welded large diameter pipe from— Japan and Mexico, 59551-59552 E7-20672 Justice Justice Department See Parole Commission Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Northwest Colorado, 59549-59550 07-5210 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Reports and guidance documents; availability, etc.: BIA-funded school facilities, repair, renovation, and construction; comment request, 59556-59557 07-5187 National Archives National Archives and Records Administration NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 59557 E7-20698 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 59557-59558 07-5230 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles importation eligibility determinations, 59584-59593 E7-20768 E7-20772 E7-20774 E7-20775 E7-20777 E7-20788 E7-20790 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 59538 07-5206 National Institute of Allergy and Infectious Diseases, 59541 07-5204 National Institute of Child Health and Human Development, 59539-59541 07-5193 07-5196 07-5197 07-5198 07-5203 National Institute of General Medical Sciences, 59538-59539 07-5192 National Institute of Mental Health, 59540-59541 07-5200 National Institute of Neurological Disorders and Stroke, 59541 07-5201 National Institute on Alcohol Abuse and Alcoholism, 59539 07-5194 07-5195 Scientific Review Center, 59541-59543 07-5199 07-5202 07-5205 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 59513-59514 E7-20634 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 59550 E7-20685 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 59558 E7-20668 National Telecommunications National Telecommunications and Information Administration NOTICES Senior Executive Service Performance Review Board; membership, 59514 E7-20740 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 59558 07-5225 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Cabot Corp.; Reading, PA, 59558-59560 E7-20746 Environmental statements; availability, etc.: Entergy Operations, Inc., 59560-59561 E7-20731 National Oceanic and Atomspheric Administration, 59561-59562 E7-20739 PSEG Nuclear, LLC, 59563-59572 E7-20761 Meetings: Reactor Safeguards Advisory Committee, 59573-59574 E7-20773 Regulatory guides; issuance, availability, and withdrawal, 59574-59575 E7-20730 E7-20742 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 59558 E7-20738 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Parole Parole Commission NOTICES Meetings;

Sunshine Act, 59552 07-5219 07-5220 Personnel Personnel Management Office NOTICES Senior Executive Service Performance Review Board; membership, 59575 E7-20636 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Environmental Water Account, 59550-59551 07-5188 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: International Securities Exchange, LLC, 59576-59577 E7-20783 National Futures Association, 59577-59579 E7-20784 *Applications, hearings, determinations, etc.:* Grupo Iusacell Celular, S.A. de C.V., 59575-59576 E7-20782 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions:

Kentucky, 59477-59479 E7-20700 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Utah, 59489-59491 E7-20697 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 59598-59903 07-4884 07-4888 Part III Energy Department, 59906-59934 07-5142 Part IV Housing and Urban Development Department, 59936-59938 E7-20686 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. 72 203 Monday, October 22, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0055; Directorate Identifier 2007-SW-12-AD; Amendment 39-15237; AD 2007-22-01] RIN 2120-AA64 Airworthiness Directives;

Bell Helicopter Textron Canada Model 206A and 206B Series Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for Bell Helicopter Textron Canada

(Bell)Model 206A and 206B series helicopters. This AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority to identify and correct an unsafe condition on an aviation product. The aviation authority of Canada, with which we have a bilateral agreement, states in the MCAI: Transportation Safety Board of Canada

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5122, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion Transport Canada, which is the aviation authority for Canada, has issued Airworthiness Directive No. CF-2007-02R1, dated August 23, 2007 (referred to after this as the MCAI), to correct an unsafe condition for the specified products. The MCAI states: Transportation Safety Board of Canada

(TSB)investigation into an accident involving Model 206B has revealed that the Spindle repaired by Cadorath Aerospace Inc., failed during flight resulting in loss of control of the helicopter. A similar repair was performed by H-S Tools & Parts Inc. All serial-numbered spindles that were repaired by Cadorath Aerospace, Inc., and H-S Tools & Parts, Inc., have reduced strength which could result in failure of the spindle and create an unsafe condition. You may obtain further information by examining the MCAI in the AD docket. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of Canada, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, we have been notified of the unsafe condition described in the MCAI and any service information. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the 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 the “FAA AD Differences” section in the AD. 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 investigation of a Bell Model 206B fatal accident in Canada revealed that the pylon support spindle repaired by Cadorath Aerospace, Inc. failed during flight resulting in loss of control of the helicopter. We have determined that all spindles repaired by the same company and H-S Tools & Parts, Inc., which performed a similar repair, must be replaced within a very short time interval. Therefore, we have 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-2007-0055; Directorate Identifier 2007-SW-12-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://regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance We estimate that this AD will affect 87 helicopters of U.S. registry. We also estimate that it will take about 8 work-hours per helicopter to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $2111 per helicopter. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $239,337 or $2751 per helicopter. 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 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 an economic 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, 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: 2007-22-01: Amendment 39-15237. Docket No. FAA-2007-0055; Directorate Identifier 2007-SW-12-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective November 6, 2007. Other Affected ADs

(b)None. Applicability

(c)This AD applies to Bell Helicopter Textron Canada

(BHTC)Model 206A and 206B series helicopters, certificated in any category, that have the following serial numbered transmission pylon support spindle (spindle), part number (P/N) 206-031-554, installed: Spindles repaired by Cadorath Aerospace Inc., B12-11568, B12-12244, B12-12260, B12-12647, B12-12676, B12-12847, B12-13292, B12-14395, B12-15750, B12-17149, B12-17266, B12-1828, B12-18649, B12-19330, B12-19381, B12-20668, B12-2224, B12-2286, B12-3595, B12-3774, B12-3808, B12-5171, B12-757, B12-8053, B12-8605, B12-932, B-21223, B-21297, B22005, B22515, B-22558, CAI3852, CAI3853, EA287, EA318, EA322, EA393, EA751, EA-761, MW546, RE1044, RE113, or RE743. Spindles repaired by H-S Tools & Parts Inc., B12-11127, B12-12883, B12-13158, B12-13535, B12-13545, B12-13593, B12-13657, B12-13716, B12-14061, B12-14078, B12-15131, B12-15908, B12-16078, B120-16267, B12-16825, B12-16867, B12-17149, B12-17266, B12-18157, B12-18163, 12-18456, B12-19450, B12-21573, B12-3106, B12-605, B12-7627, B-22385, EA-391, MW445, MW506, MW546, RE278, RE329, or RE582. Reason

(d)The mandatory continued airworthiness information

(MCAI)states: Transportation Safety Board of Canada

(e)Within the next 16 hours time-in-service, unless already done, replace the spindle with an airworthy spindle that does not contain a serial number listed in the applicability of this AD. Differences Between FAA AD and the MCAI

(f)None. Subject

(g)Air Transport Association of America

(ATA)Code 6320: Main Rotor Gearbox. Other Information

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

(1)Alternative Methods of Compliance (AMOCs): The Manager, Safety Management Group, Rotorcraft Directorate, 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: Sharon Miles, Aviation Safety Engineer, Fort Worth, Texas 76193-0111, telephone

(817)222-5122, fax

(817)222-5961.

(2)Airworthy Product: Use only FAA-approved corrective actions. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent) if that State of Design has an appropriate bilateral agreement with the United States. 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, the Office of Management and Budget

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

(i)Mandatory Continuing Airworthiness Information

(MCAI)Transport Canada Airworthiness Directive CF-2007-02R1, dated August 23, 2007, contains related information. Issued in Fort Worth, Texas, on October 11, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-20681 Filed 10-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [KY-251-FOR] Kentucky Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Final rule; approval of amendment. SUMMARY: We are announcing the approval of an amendment to the Kentucky Abandoned Mine Land Reclamation

(AMLR)Plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment makes several revisions to Kentucky's AMLR Plan and is intended to update and improve the effectiveness of the AMLR Plan. Kentucky submitted the amendment in response to the passage of the Tax Relief and Health Care Act of 2006 (SMCRA amendments of 2006). EFFECTIVE DATE: October 22, 2007. FOR FURTHER INFORMATION CONTACT: Joe Blackburn, Acting Field Office Director, Telephone:

(859)260-8400. Telefax number:

(859)260-8410. I. Background on the Kentucky Abandoned Mine Land Reclamation Plan II. Submission of the Amendment III. OSM's Findings IV. Summary and Disposition of Comments V. OSM's Decision VI. Procedural Determinations I. Background on the Kentucky Abandoned Mine Land Reclamation Plan The Kentucky Abandoned Mine Land

(AML)Reclamation Plan was established by Title IV of SMCRA (30 U.S.C. 1201 *et seq.* ) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal mined to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian Tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior (Secretary) for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. On the basis of these criteria, the Secretary approved the Kentucky AMLR Plan on May 18, 1982. You can find background information on the Plan, including the Secretary's findings, the disposition of comments, and the approval of the Plan in the May 18, 1982, **Federal Register** (47 FR 21435). You can find later actions concerning the Kentucky AMLR Plan and amendments to the Plan at 30 CFR 917.20 and 917.21. II. Submission of the Amendment By letter dated April 23, 2007, Kentucky sent us a proposed amendment to its AMLR Plan under SMCRA (30 U.S.C. 1201 *et seq.* ) at its own initiative ([KY-251-FOR], Administrative Record No. K-74). With the passage of the Tax Relief and Health Care Act of 2006, Pub. L. 109-432 which included amendments to SMCRA, the Kentucky General Assembly enacted corresponding amendments to the Kentucky Revised Statutes at Chapter 350. It is these statutory changes that Kentucky has submitted as an amendment to its AMLR Plan. Typically, States do not request that OSM accept changes to AML statutes or regulations as amendments to AMLR Plan, which is a narrative document that usually is not in the form of a statute or regulation. However, there is no provision in SMCRA or the Federal regulations governing submission and approval of AMLR Plans and amendments thereto that prohibits a State from including statutes or regulations within its AMLR Plan. Therefore, when we approve a change to a statutory provision in this rulemaking, we mean that we are approving that provision as an amendment to the AMLR Plan. However, for the sake of clarity and ease of reference, we recommend that Kentucky submit changes to its actual AMLR Plan narrative document that are consistent with these statutory amendments. The full text of the amendment is available for you to read at the location listed above under ADDRESSES . A summary of the proposed changes follows. Kentucky enacted Senate Bill 187 on February 21, 2007, to create a new section of the Kentucky Revised Statutes

(KRS)Chapter 350 to allow the Environmental and Public Protection Cabinet (Cabinet) to do the following: expend for reclamation projects which are of a lower priority, if done in conjunction with a project assigned a higher priority; amend KRS 350.550 to delete use of AML funds for studies conducted by State agencies; amend KRS 350.555 to allow for expenditure on a reclamation project located adjacent to one already assigned a priority by the cabinet; delete research and development, work on public facilities, and development of publicly owned lands as a priority; amend KRS 350.560 to delete restriction on the use of funds allocated to the Commonwealth by the Secretary of the Interior; amend KRS 350.575 to prohibit a lien filed against a property owner who did not consent to mining operations requiring reclamation; and to amend KRS 350.597 to retain up to 30% of the funds allocated to Kentucky in a special trust fund. III. OSM's Findings Following are the findings we made concerning the amendment. OSM's standard for comparison of State AMLR amendments with SMCRA and the Federal regulations is found in Directive STP-1, Appendix 11. This policy provides that “in accordance with 30 CFR 884.14(a), the proposed plan must meet all applicable requirements of the Federal statute and rules. That is, a State's statutes, rules, policy statements, procedures, and similar materials must compare, altogether, with applicable requirements of the Federal statute and rules, to ensure that the State's plan, as a whole, meets all Federal requirements.” In addition, any amendments to AMLR plans must be approved in accordance with the procedures set out in 30 CFR 884.14. Any revisions that we do not specifically discuss below concern nonsubstantive wording or editorial changes. Kentucky's proposed changes occur at KRS Chapter 350. *KRS 350 New Section 1.* Kentucky is authorizing the Cabinet to use monies available in grants made annually to the Commonwealth for the reclamation of prioritized eligible land and water. Before the expenditures can occur, the reclamation must be done in conjunction with the expenditure of funds for reclamation projects as prioritized in KRS Chapter 350, Section 3, regardless of when the higher priority project was initially funded. The new proposed Section 1 is no less stringent than the SMCRA amendments of 2006 that modified sections 403(a)(1)(B) and (a)(2)(B), 30 U.S.C. 1233(a)(1)(B) and (a)(2)(B). Therefore, the new Section 1 is approved. *KRS 350.550 Section 2(4).* Subsection

(d)is deleted which allows monies in the Abandoned Mine Reclamation Fund

(Fund)to be used for studies by State agencies conducted for purposes of the AML program. Subsequent subsections are relettered for consistency. The deletion is no less stringent than the deletion of the same provision at Section 401(c)(6) of SMCRA, 30 U.S.C. 1231(c)(6), resulting from the SMCRA amendments of 2006. Therefore, the deletion of subsection

(d)is approved. *KRS 350.555 Section 3.* This Section lists the priorities for expenditures of monies from the Fund. Subsections

(1)and (2), which specify priorities 1 and 2 respectively, are amended by adding a new

(b)the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and situated adjacent to a site that has been or will be remediated under this subsection. Priority (1), as revised, is the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, and the new provisions at (b). Priority (2), as revised, is the protection of public health and safety from the adverse effects of coal mining practices, and the new provisions at (b). Subsections

(4)through

(6)are deleted. They represent priorities 4 through 6 which include research and demonstration projects; protection, repair, replacement, construction, or enhancement of public facilities adversely affected by coal mining practices; and development of publicly-owned land adversely affected by coal mining practices. We are approving the revisions Kentucky proposes because they are substantively identical to, and therefore no less stringent than the portion of the SMCRA amendments of 2006 that modified Sections 403(a)(1)(B) and (2)(B) of SMCRA, 30 U.S.C. 1233(a)(1)(B) and (a)(2)(B). The deletions of subsections

(4)through

(6)are identical to the deletions of subsections 403(a)(4), (a)(5) and (a)(6) of SMCRA, 30 U.S.C. 1233(a)(4), (a)(5) and (a)(6). These Federal deletions were included in the SMCRA amendments of 2006. Therefore, the deletions of subsections

(4)through

(6)of Section 3 of KRS 350.555 are approved. *350.560 Section 4(4).* The 30 percent restriction is removed on the amount of funds allocated to Kentucky through annual grants that can be used to protect, repair, replace, construct, or enhance water supply facilities adversely affected by coal mining practices. The deletion of the 30 percent restriction is no less stringent than the deletion of the same provision at section 403(b)(1) of SMCRA, 30 U.S.C. 1233(b)(1), resulting from the SMCRA amendments of 2006. Therefore, the deletion is approved. *KRS 350.575(1).* The lien provisions are revised to prohibit the filing of a lien against the property of any person who neither consented to, participated in, or exercised control over the mining operation that necessitated the reclamation. The limitation of the lien prohibition to property owners who owned the surface prior to May 2, 1977, is removed. The deletion of the lien prohibition limitation is no less stringent than the deletion of the same provision at Section 408(a) of SMCRA, 30 U.S.C. 1238(a), resulting from the SMCRA amendments of 2006. Therefore, the deletion is approved. *KRS 350.597.* Subsection

(1)is revised to increase the trust fund receipt and retention percentage from the total annual grant from 10 percent to 30 percent pursuant to the SMCRA amendments of 2006. Subsection

(2)is revised to authorize expenditures from the trust fund for only acid mine drainage abatement and treatment per Section 402(g)(6). Authorization for expenditures for the priorities specified in KRS 350.555 after September 30, 1995, is removed. We are approving the revisions Kentucky proposes because they limit the set aside to a maximum of 30 percent rather than mandate that 30 percent be set aside. In doing so, we note that Kentucky will be receiving funds from the U.S. Treasury under Section 411(h) in addition to the funds identified in Section 402(g)(6)(A) of SMCRA, 30 U.S.C. 1232(g)(6)(A). The question of whether U.S. Treasury funds under Section 411(h) may be used for the 30 percent set aside is being addressed separately and our approval of these revisions should not be viewed as addressing that issue one way or the other. Therefore, there is the possibility that Kentucky will not be authorized to set aside a full 30 percent of total funds received each year. IV. Summary and Disposition of Comments Public Comments We announced receipt of the proposed amendment in the June 15, 2007, **Federal Register** (72 FR 33177), and in the same document invited public comment and provided an opportunity for a public hearing on the adequacy of the proposed amendment. The public comment period closed on July 16, 2007. We received one comment from the Kentucky Resources Council, Inc. who had no objection to approval of the proposed amendment. Because no one requested an opportunity to speak, a hearing was not held. Federal Agency Comments According to 30 CFR 884.14(a)(2), on June 26, 2007, we solicited comments on this AMLR Plan amendment from various Federal agencies with an actual or potential interest in the Kentucky AMLR Plan (Administrative Record No. KY-74). We received no comments. State Agency Comments On June 26, 2007, we also solicited comments from the Kentucky State Historic Preservation Office (Administrative Record No. KY-74) on the amendment submitted on April 23, 2007. Kentucky's State Historic Preservation Office responded stating that as the amendment has no bearing on the treatment of archaeological sites or historic structures, it has no comment. V. OSM's Decision Based on the above findings, we are approving the Kentucky AMLR Plan amendment as submitted by Kentucky on April 23, 2007. To implement this decision, we are amending the Federal regulations at 30 CFR part 917 which codify decisions concerning the Kentucky AMLR Plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make this final rule effective immediately. VI. Procedural Determinations Executive Order 12630—Takings This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation. Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget under Executive Order 12866. Executive Order 12988—Civil Justice Reform The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that this rule meets the applicable standards of subsections

(a)and

(b)of that section. However, these standards are not applicable to the actual language of State or Tribal abandoned mine land reclamation plans and plan amendments because each program is drafted and promulgated by a specific State or Tribe, not by OSM. Decisions on proposed abandoned mine land reclamation plans and plan amendments submitted by a State or Tribe are based solely on a determination of whether the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR part 884 of the Federal Regulations. Executive Order 13132—Federalism This rule does not have Federalism implications. SMCRA delineates the roles of the Federal and State governments with regard to the regulation of surface coal mining and reclamation operations. One of the purposes of SMCRA is to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.” Section 405(d) of SMCRA requires that State abandoned mine land reclamation programs be in compliance with the procedures, guidelines, and requirements established under SMCRA. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally-recognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The rule does not involve or affect Indian Tribes in any way. Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is

(1)considered significant under Executive Order 12866, and

(2)likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. National Environmental Policy Act No environmental impact statement is required for this rule because agency decisions on proposed State and Tribal abandoned mine land reclamation plans and revisions thereof are categorically excluded from compliance with the National Environmental Policy Act (42 U.S.C. 4332 *et seq.* ) by the Manual of the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)). Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 *et seq.* ). Regulatory Flexibility Act The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). The State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:

(a)Does not have an annual effect on the economy of $100 million;

(b)Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and

(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal which is the subject of this rule is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. List of Subjects in 30 CFR Part 917 Intergovernmental relations, Surface mining, Underground mining. Dated: August 27, 2007. Hugh V. Weaver, Acting Regional Director, Appalachian Region. For the reasons set out in the preamble, 30 CFR part 917 is amended as set forth below: PART 917—KENTUCKY 1. The authority citation for part 917 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* 2. Section 917.21 is amended by adding paragraph

(e)to read as follows: § 917.21 Approval of Kentucky abandoned mine land reclamation plan amendments.

(e)The Kentucky AMLR Plan amendment submitted on April 23, 2007, and consisting of revisions to KRS Chapter 350 that correspond to changes to the Federal Surface Mining Control and Reclamation Act of 1977 resulting from the Relief and Health Care Act of 2006, is approved. [FR Doc. E7-20700 Filed 10-19-07; 8:45 am] BILLING CODE 4310-05-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 285 RIN 1510-AB16 Offset of Tax Refund Payments To Collect Past-Due Support AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: The Financial Management Service, Department of the Treasury, is amending its regulations governing the offset of federal tax refund payments to collect past-due child support obligations. We are removing the definition of *Qualified child* due to a change in the statutory definition on which it is based enacted as part of the Deficit Reduction Act of 2005. This statutory change will allow the tax refund offset program to collect past-due child support on behalf of children who are no longer minors. We are also amending the description of past-due support obligations that qualify for the tax refund offset by removing the requirement that the support be owed to or on behalf of a qualified child. DATES: Effective October 22, 2007. ADDRESSES: You may inspect and copy this rule at: Treasury Department Library, Freedom of Information Act

(FOIA)Collection, Room 1428, Main Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. Before visiting, you must call

(202)622-0990 for an appointment. FOR FURTHER INFORMATION CONTACT: Thomas Dungan, Policy Analyst, at (202 847-6660 or at *tom.dungan@fms.treas.gov* or Ellen Neubauer, Senior Attorney, at

(202)874-6680 or at *ellen.neubauer@fms.treas.gov.* SUPPLEMENTARY INFORMATION: I. Background The Deficit Reduction Act of 2005, Public Law 109-171, amended the Social Security Act to remove a restriction on the collection of past-due support obligations by tax refund offset. Prior to this change, tax refund offset to collect past-due support obligations being collected by States on behalf of an individual was only available if the support was due to or on behalf of a qualified child (a child who is a minor or who, while a minor, was determined to be disabled). The amendment to the law allows for the collection of past-due support by tax refund offset on behalf of individuals who were owed child support as minors but reached the age of majority without having collected the full support amount owed to them. The changes to this rule conform to the statutory change by removing the definition of *Qualified child* and by deleting the requirement that past-due support be owed to or on behalf of a qualified child to be eligible for collection by tax refund offset. II. Regulatory Analyses Administrative Procedures Act This rule is being issued as a final rule without prior public notice and comment because the changes to the rule are being made to conform to statutory requirements. Under 5 U.S.C. 553(b), good cause exists to determine that notice and comment rulemaking is unnecessary and contrary to the public interest. The amendments made by this rule merely mirror amendments already enacted into law. Further delay in making these amendments would create an inconsistency between the law and the regulations and would cause confusion. Regulatory Planning and Review The final rule does not meet the criteria for a “significant regulatory action” as defined in Executive Order 12866. Therefore, the regulatory review procedures contained therein do not apply. Regulatory Flexibility Act Analysis Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. *et seq.* ) do not apply. Paperwork Reduction Act This rule contains no new collections of information. Therefore, the Paperwork Reduction Act does not apply. List of Subjects in 31 CFR Part 285 Administrative practice and procedure, Child support, Child welfare, Claims, Debts, Privacy, Taxes. Authority and Issuance For the reasons set forth in the preamble, we are amending part 285 of title 31, as follows: PART 285—DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 1. The authority citation for part 285 continues to read as follows: **Authority:** 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 31 U.S.C. 3701; 31 U.S.C. 3716; 42 U.S.C. 664; E.O. 13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 216; Public Law 109-171. 2. Amend § 285.3 by removing from paragraph

(a)the definition of “Qualified child” and by revising paragraph (c)(1)(i)(B) to read as follows: § 285.3 Offset of tax refund payments to collect past-due support.

(c)* * *

(1)* * *

(i)* * *

(B)A State agency is providing support collection services under 42 U.S.C. 654(4) and the amount of the past-due support is not less than $500.00; and Dated: October 9, 2007. Kenneth R. Papaj, Commissioner. [FR Doc. 07-5175 Filed 10-19-07; 8:45 am]

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