Rules and Regulations. Final rule

20,780 words·~94 min read·/register/2007/10/31/07-5400

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BILLING CODE 4910-15-P POSTAL SERVICE 39 CFR Part 20 International Mail Service to the Republic of the Marshall Islands and Federated States of Micronesia Reverted to Domestic Mail Service AGENCY: Postal Service TM . ACTION: Final rule. SUMMARY: The Postal Service is amending the *Mailing Standards of the United States Postal Service* , International Mail Manual (IMM®) to remove references to the Republic of the Marshall Islands and the Federated States of Micronesia. Mail to the Republic of the Marshall Islands and the Federated States of Micronesia is no longer treated as international mail.

DATES: *Effective Date:* November 19, 2007. FOR FURTHER INFORMATION CONTACT: Randall F. Sobol, 808-423-3883. SUPPLEMENTARY INFORMATION: The Postal Service, after high-level discussions with the Republic of the Marshall Islands and the Federated States of Micronesia and consultation with the U.S. Department of State, is returning these countries to domestic published prices and mailing standards. On September 15, 2005, the Postal Service published in the **Federal Register** (70 FR 54510) a notice proposing use of the international price schedules for the Republic of the Marshall Islands and the Federated States of Micronesia.

The application of international rate schedules to these former Trust Territories of the United States was permissible, in conformity with, and in furtherance of the terms of the Compact of Free Association between the United States Government and the governments of the Republic of the Marshall Islands and the Federated States of Micronesia. After considering comments on its proposal to move these nations to international postal prices, fees, and mail classifications, the Postal Service published, on November 23, 2005, in the **Federal Register** (70 FR 70976), a notice implementing the new published prices and mailing standards.

That notice amended the *Mailing Standards of the United States Postal Service* , International Mail Manual (IMM®) to include the Republic of the Marshall Islands and the Federated States of Micronesia in most international products and services, and added them to the individual country listings. A subsequent article removed all references to these countries from the *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM®). This final rule rescinds the final rule published on November 23, 2005.

Effective November 19, 2007, the Republic of the Marshall Islands and the Federated States of Micronesia will revert to the domestic mail classification schedule that was in effect prior to January 8, 2006, the effective date of the original article. The application of international rates to these Freely Associated States had observable effects on the economy and business correspondence of the Republic of the Marshall Islands and the Federated States of Micronesia. The Postal Service had considered a number of business solutions to lessen that impact.

Technological and other obstacles currently make other solutions impracticable. Therefore, to allow the governments of the Republic of the Marshall Islands and the Federated States of Micronesia to continue to pursue appropriate long term solutions to this problem without adversely impacting the economies of the parties and the lives of their people, the Postal Service takes this step to return the parties and their people to the position they held prior to the application of the international mail schedule to them.

An additional article will be published to add references to these countries to the *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM®). List of Subjects in 39 CFR Part 20 Foreign relations, International postal services. For the reasons discussed above, the Postal Service hereby adopts the following amendments to the International Mail Manual which is incorporated by reference in the Code of Federal Regulations (see 39 CFR part 20). PART 20—[AMENDED] 1.

The authority citation for 39 CFR part 20 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408. 2. Amend the *Mailing Standards of the United States Postal Service* , International Mail Manual

(IMM)as follows. 2 Conditions for Mailing 210 Global Express Guaranteed 213 Service Areas 213.2 Destinating Countries and Rate Groups *[Revise the Destinating Countries and Rate Groups table by deleting “Marshall Islands, Republic of” and “Micronesia, Federated States of.”]* 230 Priority Mail International 233 Priority Mail International Parcels 233.2 Exclusions Ordinary indemnity coverage is not paid for: *[Delete item c in its entirety.]* 235 Weight and Size Limits 235.23 Exceptional Size Limits *[Revise item b by deleting “Marshall Islands, Republic of the”, and “Micronesia, Federated States of”]* 240 First-Class Mail International 242 Postage 242.1 Rates The country-specific rate group designations that apply to First-Class Mail International and M-Bags (see 260) are as follows: *[Revise third bullet, “Rate Group 3”, by removing the reference to Marshall Islands and Micronesia.]* *[Delete sixth bullet, “Rate Group 6”, in its entirety.]* 250 Postcards and Postal Cards 252 Postage Rates and Fees *[Delete item b in its entirety.]* 290 Commercial Services 292 International Priority Airmail Service 292.4 Mail Preparation for Individual Items 292.44 Sortation Requirements for IPA 292.442 Presorted Mail Exhibit 292.442 Foreign Exchange Office and Country Rate Groups *[Revise the Foreign Exchange Office and Country Rate Groups table by deleting “Marshall Islands, Republic of the” and “Micronesia, Federated States of.”]* World Map *[Delete the Republic of the Marshall Islands and the Federated States of Micronesia from map reference M5.]* World Map Index *[Delete references for “Marshall Islands, Republic of the” and “Micronesia, Federated States of” from the world map index.]* Index of Countries and Localities *[Revise the references for “Marshall Islands, Republic of the” and “Micronesia, Federated States of” by adding the note “See DMM 608” and removing the IMM page number.]* Individual Country Listings *[Delete the individual country listings for the Republic of the Marshall Islands and the Federated States of Micronesia.]* Neva R. Watson, Attorney, Legislative. [FR Doc. E7-21486 Filed 10-30-07; 8:45 am] BILLING CODE 7710-12-P POSTAL SERVICE 39 CFR Part 111 Domestic Mail Service Offered to the Republic of the Marshall Islands and Federated States of Micronesia AGENCY: Postal Service TM . ACTION: Final rule with request for comments. SUMMARY: This final rule revises the *Mailing Standards of the United States Postal Service,* Domestic Mail Manual (DMM®), by returning the Republic of the Marshall Islands

(RMI)and the Federated States of Micronesia

(FSM)to “mail treated as domestic” status. Collect on Delivery (COD), Delivery Confirmation, Signature Confirmation, and electronic return receipt options will not be offered to FSM and RMI. Also, Express Mail service will be offered but without a guarantee. This decision was a result of high-level discussions with the RMI and the FSM and consultation with the U.S. Department of State. An additional final rule is being published to remove all references to these countries from the *Mailing Standards of the United States Postal Service,* International Mail Manual (IMM). DATES: *Effective date:* November 19, 2007. *Comment date:* Submit comments on or before November 14, 2007. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, United States Postal Service, 475 L'Enfant Plaza, SW., Room 3436, Washington, DC 20260-3436. Copies of all written comments will be available for inspection and photocopying between 9 a.m. and 4 p.m., Monday through Friday, at the Postal Service Headquarters Library, 475 L'Enfant Plaza SW., 11th Floor North, Washington, DC 20260-0004. FOR FURTHER INFORMATION CONTACT: Randall F. Sobol at 808-423-3883. SUPPLEMENTARY INFORMATION: The Republic of the Marshall Islands

(RMI)and the Federated States of Micronesia

(FSM)were, from 1947 to 1986, under United States government administration pursuant to the trusteeship provisions of the United Nations Charter. From 1986 to 2003, the United States was party to a treaty of international political association with each of these two emerging nations, designed to bring about their self-government. The Compact of Free Association (CFA), as the treaty was called, included provisions for economic assistance and defense. Its terms included postal and related services and provided for reimbursement to the Postal Service for the costs associated with these services. In 2000, the General Accounting Office produced a report evaluating the progress made under the CFA. The report, GAO/NSIAD-00-216, Foreign Assistance: U.S. Funds to Two Micronesian Nations Had Little Impact on Economic Development (Report to Congressional Requesters Sept. 2000), concluded that the CFA had not accomplished its goals with regard to economic development. Subsequently, the Compact of Free Association Amendments Act of 2003 ratified an amended and renewed CFA (2003 CFA). The 2003 CFAs again addressed the postal services to be provided to the RMI and the FSM, leaving some services open to further negotiations between the Postal Service and the governments of the RMI and the FSM. The 2003 CFAs called for a phased transition for the RMI and the FSM to move to international status as an office of exchange for mail. The 2003 CFAs will expire in 2024. On September 15, 2005, the Postal Service published a notice in the **Federal Register** (70 FR 54510) proposing use of the phased international rate schedules for the Republic of the Marshall Islands and the Federated States of Micronesia. The application of international rate schedules to these Freely Associated States was permissible, in conformity with, and in furtherance of the terms of the 2003 CFAs between the United States Government and the governments of the RMI and the FSM. After considering comments on its proposal to use international postal rates, fees, and mail classifications, on November 23, 2005, the Postal Service published a final rule in the **Federal Register** (70 FR 70976) implementing the use of international published prices and mailing standards. That notice amended the *Mailing Standards of the United States Postal Service,* International Mail Manual

(IMM)to include the RMI and the FSM in most international products and services, and it added them to the individual country listings. At the same time, a phased schedule of international rates was introduced in conformity with the 2003 CFAs, which permits such a change to begin not sooner than 2006 and allows the rates to increase to full international rates over a period of not less than five years. A subsequent article removed all references to these countries from the *Mailing Standards of the United States Postal Service,* Domestic Mail Manual (DMM). The application of international rates to these Freely Associated States had observable effects on the economy and business correspondence of the RMI and the FSM. The Postal Service has considered a number of business solutions to lessen that impact, but none are believed to provide optimal service to the FSM and RMI. Consequently, the Postal Service is reverting mail service to the FSM and RMI to domestic status treatment. This is consistent with the CFAs, since the CFAs do not preclude the continuation of domestic mail service treatment to the FSM and RMI. The Postal Service accordingly is returning the parties and their people to substantially similar position they held prior to the application of the international mail schedule, thereby enabling the governments of the RMI and FSM to continue to pursue appropriate long term solutions without adversely impacting the economies of the parties and the lives of their people. This final rule amends the final rule published on November 23, 2005. Effective November 19, 2007, the RMI and the FSM will revert to the domestic mail treatment as provided in DMM section 608.2.2. As explained below, the Postal Service will restore the domestic mail treatment offered to its *status quo* prior to the transition to phased international service, with certain exceptions. As background, prior to the November 2005 change, electronic return receipts, Delivery Confirmation and Signature Confirmation were not offered in the Freely Associated States, including the RMI and FSM, for both inbound and outbound mail. The January 6, 2005, issue of the *Domestic Mail Manual* updated on March 17, 2005, set out these limitations on services in sections 608.2.2 (Mail Treated as Domestic), 503.6.2.1 (Return Receipt, Description), 503.9.2.4 (Delivery Confirmation, Ineligible Matter), and 503.10.2.3 (Signature Confirmation, Ineligible Matter). Thus, these services will continue not to be available to customers in the RMI and the FSM. The 2003 CFAs (Compacts) signed by the United States government and the governments of the RMI and FSM provide for postal services in Article VI. There, certain additional limits on products and services are provided. The Compacts allow the following services to be provided as negotiated between the Postal Service and the governments of the Freely Associated States: “Express Mail without a guarantee (EMS); Registered Mail; insured parcel service; recorded delivery and money orders.” The Compacts further state that “COD (cash

(sic)on delivery) orders will no longer be available.” In accordance with the terms of these international agreements, COD service will not be provided. Further, Express Mail service will be provided for inbound and outbound items, but without a guarantee. This is, however, substantially the same expedited service now offered to the FSM and the RMI. That is, as international destinations, the customers of the RMI and FSM currently receive Express Mail International service, which generally does not provide a guarantee, but which does receive expedited handling over other classes of mail. This handling of the Express Mail without a guarantee will continue to provide a benefit to the customers who choose it. The Postal Service adopts the following changes to *Mailing Standards of the United States Postal Service,* Domestic Mail Manual (DMM®), which is incorporated by reference in the *Code of Federal Regulations* . See 39 CFR part 111. List of Subjects in 39 CFR Part 111 Postal Service. PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Revise the following sections of *Mailing Standards of the United States Postal Service,* Domestic Mail Manual (DMM), as follows: 500 Additional Mailing Services 503 Extra Services 6.0 Return Receipt 6.2 Basic Information 6.2.1 Description *[Revise the third sentence in 6.2.1 as follows:]* * * * The electronic option is not available for items mailed to APO and FPO addresses or U.S. territories, possessions, and Freely Associated States listed in 608.2.0. * * * 11.0 Collect on Delivery

(COD)11.2 Basic Information 11.2.6 Ineligible Matter COD service may not be used for: *[Revise 11.2.6 by adding new item f as follows:]* f. Articles sent to or from the Republic of the Marshall Islands and the Federated States of Micronesia. 600 Basic Standards for All Mailing Services 601 Mailability 9.0 Perishables 9.3 Live Animals *[Revise the heading and text in 9.3.6 as follows:]* 9.3.6 Mailed to Pacific Islands Animals mailed to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia require a permit issued by the government of the destination country. 9.3.8 Other Insects *[Revise the text in the second sentence of 9.3.8 as follows:]* * * * Such insects mailed to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia are also subject to the regulations of the destination country. 608 Postal Information and Resources 2.0 Domestic Mail 2.2 Mail Treated as Domestic *[Revise the list of Freely Associated States in 2.2 by adding the Republic of the Marshall Islands, and the Federated States of Micronesia as follows:]* Marshall Islands, Republic of the *Ebeye Island* *Kwajalein Island* *Majuro Island* Micronesia, Federated States of *Chuuk

(Truk)Island* *Kosrae Island* *Pohnpei Island* *Yap Island* Palau, Republic of *Koror Island* 2.4 Customs Forms Required *[Revise the first sentence in 2.4 to add the ZIP Codes of the Republic of the Marshall Islands and the Federated States of Micronesia as follows:]* Regardless of contents, all Priority Mail weighing 16 ounces or more sent from the United States to ZIP Codes 96910-44, 96950-52, 96960, 96970, and 96799, and all Priority Mail sent from these ZIP Codes to the United States, must bear customs Form 2976-A. * * * An appropriate amendment to 39 CFR part 111 to reflect these changes will be published. Neva Watson, Attorney, Legislative. [FR Doc. E7-21487 Filed 10-30-07; 8:45 am] BILLING CODE 7710-12-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2007-0459; FRL-8487-6] Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District and Mojave Desert Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Great Basin Unified Air Pollution Control District (GBUAPCD) and Mojave Desert Air Quality Management District (MDAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from wood burning appliances and open outdoor fires. We are approving local rules under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on December 31, 2007 without further notice, unless EPA receives adverse comments by November 30, 2007. If we receive such comments, we will publish a timely withdrawal in the **Federal Register** to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2007-0459, by one of the following methods: • *Federal eRulemaking Portal: www.regulations.gov* . Follow the on-line instructions. • *E-mail: steckel.andrew@epa.gov.* • *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *www.regulations.gov* or e-mail. *www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Al Petersen, EPA Region IX,

(415)947-4118, *petersen.alfred@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What are the purposes of the submitted rule revisions? II. EPA's Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendation to Further Improve a Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that the rules were amended by the local air agencies and submitted by the California Air Resources Board (CARB). Table 1.—Submitted Rules Local agency Rule No. Rule title Revised or amended Submitted GBUAPCD 405 Exceptions 07/07/05 Revised 10/20/05 GBUAPCD 431 Particulate Matter 12/04/06 Revised 05/08/07 MDAQMD 444 Open Outdoor Fires 09/25/06 Amended 05/08/07 On November 22, 2005, the submittal of GBUAPCD Rule 405 was determined to meet the completeness criteria in 40 CFR part 51 appendix V, which must be met before formal EPA review. On July 23, 2007, the submittal of GBUAPCD Rule 431 and MDAQMD Rule 444 was determined to meet the completeness criteria. B. Are there other versions of these rules? A version of GBUAPCD Rule 405 was approved into the SIP on June 6, 1977 (42 FR 28883). EPA has not acted on a version of Rule 405 revised on May 8, 1996 and submitted on August 5, 2002. While we can act only on the most recent version, we have considered the contents of the superseded version. A version of GBUAPCD Rule 431 was approved into the SIP on June 24, 1996 (61 FR 32341). MDAQMD was previously comprised of the Riverside County Air District

(RCAD)and the San Bernardino County Air District (SBCAD). The versions on which the current MDAQMD Rule 444 are based are RCAD Rule 444, SBCAD Rule 57, and SBCAD Rule 57.1, which were approved into the SIP on September 8, 1978 (43 FR 40011), June 14, 1978 (43 FR 25684), and June 14, 1978 (43 FR 25684), respectively. C. What are the purposes of the submitted rule revisions? Section 110(a) of the Clean Air Act

(CAA)requires states to submit regulations that control volatile organic compounds, nitrogen oxides, particulate matter, and other air pollutants which harm human health and the environment. These rules were developed as part of local air districts' programs to control these pollutants. The purposes of the submitted GBUAPCD Rule 405 revisions relative to the SIP rule are as follows: • (405.preamble): The rule extends the applicability of the listed exceptions to Rule 404-A, Particulate Matter, and Rule 404-B, Oxides of Nitrogen, from the original Rule 400, Ringlemann Chart. • (405.C,E): The rule deletes the exceptions to open burning regulations for agricultural operations and the use of other agricultural equipment necessary in the growing of crops or raising of fowl or animals. • (405.F,G,H,I,J): The rule adds exceptions to open burning regulations for

(a)the treatment of waste propellants, explosives, and pyrotechnics in open burning/open detonation operations on military bases for operations approved in a burn plan as regulated by SIP Rule 432,

(b)burning of materials for special effects in filming or video operations,

(c)the disposal of contraband by burning,

(d)recreational or ceremonial fires, and

(e)a fire set for the purpose of eliminating a public health hazard that cannot be abated by any other practical means. The purposes of the submitted GBUAPCD Rule 431 revisions relative to the SIP rule are as follows: • 431.A: The rule is expanded to include communities that are determined by the Board of GBUAPCD to be High Road Dust Areas

(HRDA)or High Wood Smoke Areas (HWSA), which contribute to exceedences of state or federal 24-hour PM-2.5 or PM-10 standards. The SIP rule applies only to the Town of Mammoth Lakes. • 431.B: The rule adds appropriate definitions for HRDA and HWSA in addition to the HRDA and HWSA government agencies that regulate these areas. • 431.C.5: The rule adds the requirement that a HWSA keep a record of all EPA Phase II certified wood-burning appliances. • 431.D.3 and 4: The rule adds the requirement to obtain a building permit from the Town of Mammoth Lakes for the installation of all solid fuel burning appliances. Outside the Town of Mammoth Lakes, the building permit is obtained from the HWSA agency. • 431.D.5 and E: The rule adds requirements for inspectors for verification of compliance with regulations for installation of new certified solid fuel burning appliances and removal or replacement of non-certified appliances. • 431.I and J: The rule adds requirements and thresholds for mandatory curtailment and voluntary curtailment of solid fuel combustion in the Town of Mammoth Lakes and HWSA areas. The purposes of the submitted MDAQMD Rule 444 revisions relative to the SIP rules are as follows: • 444(A): The rule is revised to apply the District Smoke Management Program to open burning while minimizing smoke impacts to the public. • 444(B)(13): The rule replaces an “Approved Burn Plan” with a “Smoke Management Plan.” • 444(C)(1): The rule adds the requirement for all burn projects that are greater than 10 acres or that are estimated to produce more than one ton of particulate matter shall be conducted in accordance with the Smoke Management Program. • 444(C)(2): The rule adds a list of materials prohibited from open burning. • 444(C)(3): The rule adds the permission to burn during adverse meteorological conditions in a case where there would be an imminent and substantial economic loss, providing a special permit is obtained from the District and not a local fire agency. • 444(C)(4): The rule adds the provision for a prescribed burn permittee to obtain from CARB up to 48 hours in advance of the burn day a permissive-burn, marginal-burn, or no-burn forecast. • 444(C)(6): The rule adds requirements for ignition, stacking, drying, and time of day for open burning, except for prescribed burning. • 444(C)(7): The rule adds to the list of burning applications with a permit

(a)empty containers used for explosives,

(b)right-of-way clearance for a public entity or utility, or

(c)wood waste. • 444(C)(9): The rule adds the requirement for a Smoke Management Plan for prescribed burning in

(a)Forest Management,

(b)Range Improvement, and

(c)Wildland Vegetation Management. • 444(D)(1): The rule deletes the exemptions for

(a)open fires in agricultural operations at over 3,000 feet elevation and

(b)open fires in agricultural burning at over 6,000 feet elevation. EPA's technical support document

(TSD)has more information about these rules. II. EPA's Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the CAA) and must not relax existing requirements (see sections 110(l) and 193). SIP rules in serious PM-10 nonattainment areas must require for significant sources best available control measures (BACM), including best available control technology

(BACT)(see section 189(b)). GBUAPCD regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so GBUAPCD Rules 405 and 431 must fulfill the requirements of BACM/BACT. MDAQMD regulates a moderate PM-10 nonattainment area (see 40 CFR part 81), so MDAQMD Rule 444 must fulfill the requirements of RACM/RACT. Guidance and policy documents that we used to help evaluate rules consistently include the following: • *Requirements for Preparation, Adoption, and Submittal of Implementation Plans,* U.S. EPA, 40 CFR part 51. • *PM-10 Guideline Document* (EPA-452/R-93-008). • *Technical Information Document for Residential Wood Combustion Best Available Control Measures,* (EPA-450/2-92-002). • *Minimum BACM/RACM Control Measures for Residential Wood Combustion Rules,* EPA Region IX (August 8, 2007). B. Do the rules meet the evaluation criteria? We believe that GBUAPCD Rules 405 and 431 and MDAQMD Rule 444 are consistent with the relevant policy and guidance regarding enforceability, BACM/BACT, RACM/RACT, and SIP relaxations and should be given full approval. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve a Rule The TSD describes an additional rule revision that does not affect EPA's current action but is recommended for the next time the local agency modifies GBAPCD Rule 431. D. Public Comment and Final Action As authorized in section 110(k)(3) of the CAA, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this **Federal Register** , we are simultaneously proposing approval of the same submitted rule. If we receive adverse comments by November 30, 2007, we will publish a timely withdrawal in the **Federal Register** to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on December 31, 2007. This will incorporate the rule into the federally enforceable SIP. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator 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.* ). Because this rule approves pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a State rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. section 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. section 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 31, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 22, 2007. Laura Yoshii, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(342)(i)(D) and (c)(350) to read as follows: § 52.220 Identification of plan.

(c)* * *

(342)* * *

(i)* * *

(D)Great Basin Unified Air Pollution Control District. ( *1* ) Rule 405, adopted on September 5, 1974 and revised on July 7, 2005.

(350)New and amended regulations were submitted on May 8, 2007, by the Governor's designee.

(i)Incorporation by reference.

(A)Great Basin Unified Air Pollution Control District. ( *1* ) Rule 431, adopted on December 7, 1990 and revised on December 4, 2006.

(B)Mojave Desert Air Quality Management District. ( *1* ) Rule 444, adopted on October 8, 1976 and amended on September 25, 2006. [FR Doc. E7-21318 Filed 10-30-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2007-0368, FRL-8478-5] Approval and Promulgation of Implementation Plans; New York Emission Statement Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency

(EPA)is approving the State Implementation Plan

(SIP)revision submitted by the State of New York on July 7, 2006 for the purpose of enhancing an existing Emission Statement Program for stationary sources in New York. The SIP revision consists of amendments to Title 6 of the New York Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements. The SIP revision was submitted by New York to satisfy the ozone nonattainment provisions of the Clean Air Act. These provisions require states in which all or part of any ozone nonattainment area is located to submit a revision to its SIP which requires owner/operators of stationary sources of volatile organic compounds

(VOC)and oxides of nitrogen (NO X ) to provide the State with a statement, at least annually, of the source's actual emissions of VOC and NO X . The Emission Statement SIP revision EPA is approving enhances the reporting requirements for VOC and NO X and expands the reporting requirement, based on specified emission thresholds, to include carbon monoxide (CO), sulfur dioxides (SO 2 ), particulate matter measuring 2.5 microns or less (PM 2.5 ), particulate matter measuring 10 microns or less (PM 10 ), ammonia (NH 3 ), lead

(Pb)and lead compounds and hazardous air pollutants (HAPS). The intended effect is to obtain improved emissions related data from facilities located in New York, allowing New York to more effectively plan for and attain the national ambient air quality standards (NAAQS). The Emission Statement rule also improves EPA's and the public's access to facility-specific emission related data. DATES: *Effective Date:* This rule is effective on November 30, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2007-0368. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the Environmental Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is 212-637-4249. FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866,

(212)637-3716, *forde.raymond@epa.gov* . SUPPLEMENTARY INFORMATION: The following table of contents describes the format for this section: I. What Action Is EPA Taking? II. What Comments Did EPA Receive in Response to Its Proposal? III. What Role Does This Action Play in the Ozone SIP? IV. What Are EPA's Conclusions? V. Statutory and Executive Order Reviews I. What Action Is EPA Taking? EPA is approving the State Implementation Plan

(SIP)revision submitted by the State of New York on July 7, 2006 for the purpose of enhancing an existing Emission Statement program for stationary sources in New York. The SIP revision consists of amendments to Title 6 of the New York Codes Rules and Regulations (NYCRR), Chapter III, Part 202, Subpart 202-2, Emission Statements (Emission Statement rule). The SIP revision was submitted by New York to satisfy the ozone nonattainment provisions of the Clean Air Act. These provisions require states in which all or part of any ozone non-attainment area is located to submit a revision to its SIP which requires owner/operators of stationary sources of volatile organic compounds

(VOC)and oxides of nitrogen (NO X ) to provide the State with a statement, at least annually, of the source's actual emissions of VOC and NO X . On July 7, 2006, New York submitted a SIP revision for ozone which included an adopted Emission Statement rule. The regulation amends Title 6 of the NYCRR, Subpart 202-2, Emission Statements, which was originally adopted on July 13, 2004. On April 12, 2005, the New York State Department of Environmental Conservation (NYSDEC) adopted these amendments, which became effective on May 29, 2005. The reader is referred to the proposed rulemaking (July 20, 2007, 72 FR 39773) for further details. II. What Comments Did EPA Receive in Response to Its Proposal? EPA received no comments in response to the July 20, 2007 proposed rulemaking action. III. What Role Does This Action Play in the Ozone SIP? Emission Statements (Annual Reporting of VOC and NO X ) Section 182(a)(3)(B)(i) of the Act requires states in which all or part of any ozone non-attainment area is located to submit SIP revisions to EPA by November 15, 1992, which require owner/operators of stationary sources of VOC and NO X to provide the state with a statement, at least annually, of the source's actual emissions of VOC and NO X . Sources were to submit the first emission statements to their respective states by November 15, 1993. Pursuant to the Emission Statement Guidance, if the source emits either VOC or NO X at or above levels for which the State Emission Statement rule requires reporting, the other pollutant (VOC or NO X ) from the same facility should be included in the emission statement, even if the pollutant is emitted at levels below the minimum reporting level. Section 182(a)(3)(B)(ii) of the Act allows states to waive, with EPA approval, the requirement for an emission statement for classes or categories of sources located in nonattainment areas, which emit less than 25 tons per year of actual plant-wide VOC and NO X , provided the class or category is included in the base year and periodic inventories and emissions are calculated using emission factors established by EPA (such as those found in EPA publication AP-42) or other methods acceptable to EPA. Consolidated Emission Reporting Rule (Annual Reporting for All Criteria Pollutants) In order to consolidate reporting requirements by the states to EPA, on June 10, 2002 (See 67 FR 39602), EPA published the final Consolidated Emissions Reporting Rule (CERR). The purpose of the CERR is to simplify the states' annual reporting, to EPA, of criteria pollutants (VOC, NO X , SO 2 , PM 10 , PM 2.5 , CO, Pb) for which National Ambient Air Quality Standards (NAAQS) have been established, and annual reporting of NH 3 , a precursor pollutant. The CERR also provides options for data collection and exchange, and unified reporting dates for various categories of criteria pollutant emission inventories. The CERR requires states to report annually to EPA on emissions of VOC, NO X , SO 2 , PM 10 , CO and Pb, for industrial point sources, based on specific emission thresholds. The CERR emissions reports for calendar year 2001 were due on June 1, 2003, and subsequent reports were due every year thereafter (i.e., calendar year 2002 emission inventory due June 1, 2004, etc.). Reporting of PM 2.5 and NH 3 from point sources was not required until June 2004, for emissions that occurred during calendar year 2002. IV. What Are EPA's Conclusions? New York's Emission Statement rule, which requires facilities to report information for the criteria pollutants and the associated precursors mentioned earlier, satisfies the federal emission statement and CERR reporting requirements for major sources. In addition, New York's Emission Statement rule which requires facilities to report information for HAPs, assists the State in satisfying the HAPs reporting requirements for major sources. For EPA's detailed evaluation of New York's Emission Statement rule, the reader is referred to the proposed rulemaking notice (July 20, 2007, 72 FR 39773). It should be noted that the State's Emission Statement program requires facilities to report individual HAPs that may not be classified as criteria pollutants or precursors to assist the State in air quality planning needs. While EPA recognizes the value of this information, EPA will not take SIP-related enforcement action should a facility not submit this information to the State in an emissions statement because these substances do not cause or exacerbate exceedances of the NAAQS. EPA has concluded that the New York Emission Statement rule contains the necessary applicability, compliance, enforcement and reporting requirements for an approvable emission statement program. Accordingly, EPA is approving 6 NYCRR, Chapter III, Part 202, Subpart 202-2, Emission Statements, as part of New York's SIP adopted on April 12, 2005 and effective May 29, 2005. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator 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.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state program. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. section 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. section 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 31, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 26, 2007. Alan J. Steinberg, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart HH—New York 2. Section 52.1670 is amended by adding new paragraph (c)(112) to read as follows: § 52.1670 Identification of plans.

(c)* * *

(112)Revisions to the State Implementation Plan submitted on July 7, 2006 by the New York State Department of Environmental Conservation for the purpose of enhancing an existing Emission Statement Program for stationary sources in New York. The SIP revision consists of amendments to Title 6 of the New York Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, “Emission Statements.”

(i)Incorporation by reference:

(A)Part 202, Subpart 202-2, Emission Statements of Title 6 of the New York Codes, Rules and Regulations, effective on May 29, 2005.

(ii)Additional information:

(A)July 7, 2006, letter from Mr. Carl Johnson, Deputy Commissioner, OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, requesting EPA approval of the amendments to Title 6 of the New York Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements.

(B)April 11, 2007, letter from Mr. David Shaw, Director, Division of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs Branch, EPA Region 2. 3. Section 52.1679 is amended by revising under Title 6 the entry for part 202 in the table to read as follows: § 52.1679 EPA-approved New York State regulations. New York State regulation State effective date Latest EPA approval date Comments Title 6: * * * * * * * Part 202, Emissions Verification: Subpart 202-1, “Emissions Testing, Sampling and Analytical Determinations”. 3/24/79 11/12/81, 46 FR 55690 Subpart 202-2, “Emission Statements” 5/29/2005 10/31/07, [Insert FR page citation] Section 202-2.3(c)(9) requires facilities to report individual HAPs that may not be classified as criteria pollutants or precursors to assist the State in air quality planning needs. EPA will not take SIP-related enforcement action on these pollutants. * * * * * * * [FR Doc. E7-21241 Filed 10-30-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-0227-200722(a); FRL-8488-5] Approval and Promulgation of Implementation Plans; North Carolina: State Implementation Plan Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving the State Implementation Plan

(SIP)revisions submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), on February 8, 2007. The submittal encompasses revisions to NCDENR regulations .0605 “General Recordkeeping and Reporting Requirements,” .0927 “Bulk Gasoline Terminals,” and .0932 “Gasoline Truck Tanks and Vapor Collections.” This action is being taken pursuant to section 110 of the Clean Air Act (CAA). The intended effect of these revisions is to clarify certain provisions and to ensure consistency with the requirements of the CAA. DATES: This direct final rule is effective December 31, 2007 without further notice, unless EPA receives adverse comment by November 30, 2007. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2007-0227, by one of the following methods: 1. *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail:* *lakeman.sean@epa.gov* . 3. *Fax:*

(404)562-9019. 4. *Mail:* EPA-R04-OAR-2007-0227, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R04-OAR-2007-0227. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit through *http://www.regulations.gov* or e-mail, information that you consider to be CBI or otherwise protected. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the electronic docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is

(404)562-9043. Mr. Lakeman can also be reached via electronic mail at *lakeman.sean@epa.gov* . SUPPLEMENTARY INFORMATION: I. Analysis of State's Submittal The February 8, 2007, submittal revises NCDENR regulation: .0605 “General Recordkeeping and Reporting Requirements” by adding a section to prohibit the falsifying of information and submission of falsified information. The intent of this addition is to aid NCDENR in prosecuting persons who falsify records or submit false records. .0927 “Bulk Gasoline Terminals” by adding details on leak detection, recordkeeping, and requirements for leak repair. The intent of this addition is to standardize procedures used at bulk gasoline terminals to locate, repair, and document leaks of volatile organic compounds (VOC). .0932 “Gasoline Truck Tanks and Vapor Collections” to make corrections, updates, and clarifications. The intent of this revision is to correct the definitions of “bulk terminal” and “bulk gasoline terminal,” update the pressure standard to correspond to the current Department of Transportation standard, and clarify the requirements for gasoline truck tanks and vapor control systems. II. Final Action EPA is approving the aforementioned changes to the North Carolina SIP because they meet the requirements of EPA and the CAA. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective December 31, 2007. without further notice unless the Agency receives adverse comments by November 30, 2007. If the EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on December 31, 2007 and no further action will be taken on the proposed rule. *Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment* . Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator 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.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 31, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 19, 2007. Russell L. Wright, Jr., Acting Regional Administrator, Region 4. 40 CFR part 52, is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart II—North Carolina 2. In § 52.1770 (c), table 1 is amended under subchapter 2D by revising the entries for “Sect .0605”, “Sect .0927” and “Sect .0932” to read as follows: § 52.1770 Identification of plan.

(c)* * * Table 1.—EPA-Approved North Carolina Regulations State citation Title/subject State effective date EPA approval date Explanation * * * * * * * Sect .0605 General Recordkeeping and Reporting Requirements 11/01/06 10/31/07 [Insert first page of publication] Sect .0927 Bulk Gasoline Terminals 11/01/06 10/31/07 [Insert first page of publication] * * * * * * * Sect .0932 Gasoline Truck Tanks and Vapor Collections 11/01/06 10/31/07 [Insert first page of publication] * * * * * * * [FR Doc. E7-21234 Filed 10-30-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R09-OAR-2007-0916; FRL-8489-6] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Control of Emissions From Existing Other Solid Waste Incinerator Units; NV AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve a negative declaration submitted by the Nevada Division of Environmental Protection. The negative declaration certifies that other solid waste incinerator units, subject to the requirements of sections 111(d) and 129 of the Clean Air Act, do not exist within the agency's air pollution control jurisdiction. DATES: This rule is effective on December 31, 2007 without further notice, unless EPA receives adverse comments by November 30, 2007. If we receive such comment, we will publish a timely withdrawal in the **Federal Register** to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2007-0916, by one of the following methods: 1. *Federal eRulemaking Portal: www.regulations.gov.* Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov.* 3. *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes Confidential Business Information

(415)947-4124, *wang.mae@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. Background II. Final EPA Action III. Statutory and Executive Order Reviews I. Background Sections 111(d) and 129 of the Clean Air Act (CAA or the Act) require States to submit plans to control certain pollutants (designated pollutants) at existing solid waste combustor facilities (designated facilities) whenever standards of performance have been established under section 111(b) for new sources of the same type, and EPA has established emission guidelines

(EG)for such existing sources. A designated pollutant is any pollutant for which no air quality criteria have been issued, and which is not included on a list published under section 108(a) or section 112(b)(1)(A) of the CAA, but emissions of which are subject to a standard of performance for new stationary sources. However, section 129 of the CAA also requires EPA to promulgate EG for solid waste incineration units that emit a mixture of air pollutants. These pollutants include organics (dioxins/furans), carbon monoxide, metals (cadmium, lead, mercury), acid gases (hydrogen chloride, sulfur dioxide, and nitrogen oxides) and particulate matter (including opacity). On December 16, 2005, (70 FR 74870), EPA promulgated new source performance standards and EG for other solid waste incineration

(OSWI)units, located at 40 CFR part 60, subparts EEEE and FFFF, respectively. The designated facility to which the EG apply is each existing OSWI unit, as defined in subpart FFFF, that commenced construction on or before December 9, 2004. Subpart B of 40 CFR part 60 establishes procedures to be followed and requirements to be met in the development and submission of State plans for controlling designated pollutants. Also, 40 CFR part 62 provides the procedural framework for the submission of these plans. When designated facilities are located in a State, the State must then develop and submit a plan for the control of the designated pollutant. However, 40 CFR 60.23(b) and 62.06 provide that if there are no existing sources of the designated pollutant in the State, the State may submit a letter of certification to that effect (i.e., negative declaration) in lieu of a plan. The negative declaration exempts the State from the requirements of subpart B for the submittal of a 111(d)/129 plan. II. Final EPA Action The Nevada Division of Environmental Protection

(NDEP)has determined that there are no designated facilities subject to the OSWI unit EG requirements in its air pollution control jurisdiction. On December 19, 2006, NDEP submitted to EPA a negative declaration letter certifying this fact. EPA is amending 40 CFR part 62, subpart DD (Nevada) to reflect the receipt of this negative declaration letter. After publication of this **Federal Register** notice, if an OSWI facility is later found within the NDEP jurisdiction, then the overlooked facility will become subject to the requirements of the Federal OSWI 111(d)/129 plan, including the compliance schedule. The Federal plan would no longer apply if EPA were to subsequently receive and approve a 111(d)/129 plan from NDEP. EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. This action simply reflects already existing Federal requirements for State air pollution control agencies under 40 CFR parts 60 and 62. In the Proposed Rules section of this **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve NDEP's negative declaration should relevant adverse or critical comments be filed. This rule will be effective December 31, 2007 without further notice unless the Agency receives relevant adverse comments by November 30, 2007. If EPA receives such comments, then EPA will publish a timely withdrawal in the **Federal Register** to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves a State determination as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator 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.). Because this rule does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a State negative declaration in response to implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it merely approves a State negative declaration in response to implementing a Federal standard. In reviewing 111(d)/129 plan submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a 111(d)/129 plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 31, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving the section 111(d)/129 negative declaration submitted by NDEP may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Intergovernmental relations, Paper and paper products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste treatment and disposal. Dated: September 17, 2007. Wayne Nastri, Regional Administrator, Region IX. Part 62, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 62—[AMENDED] 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart DD—Nevada 2. Subpart DD is amended by adding an undesignated center heading and § 62.7140 to read as follows: Emissions From Existing Other Solid Waste Incineration Units § 62.7140 Identification of plan—negative declaration. Letter from the Nevada Division of Environmental Protection, submitted on December 19, 2006, certifying that there are no existing other solid waste incineration units subject to 40 CFR part 60, subpart FFFF, of this chapter. [FR Doc. E7-21449 Filed 10-30-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2002-0043; FRL-8151-4] Pesticide Tolerance Nomenclature Changes; Technical Amendments; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. SUMMARY: EPA issued a final rule in the **Federal Register** of September 18, 2007 promulgating nomenclature changes for several hundred pesticide tolerances. This document is being issued to remove from the nomenclature changes several items that had been changed previously. DATES: This final rule is effective November 2, 2007. ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2002-0043. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone number:

(703)308-9362; e-mail address: *schaible.stephen@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the final rule a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under the FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using regulations.gov, you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. What Does this Correction Do? EPA is correcting the nomenclature document issued in the **Federal Register** on September 18, 2007 (72 FR 53134) (FRL-8126-5). Subsequent to publication of the September 18, 2007 **Federal Register** document, EPA learned that in the table of some 600 entries, several of the nomenclature changes had been included in a tolerance regulation that was issued in the **Federal Register** of September 12, 2007, (72 FR 52013), thus making inclusion of those entries unnecessary and confusing. Therefore, EPA is removing the duplicate nomenclature changes that appeared in the September 12, 2007 **Federal Register** tolerance rule from the September 18, 2007 tolerance nomenclature document. III. Why is this Correction Issued as a Final Rule? Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's technical correction final without prior proposal and opportunity for comment, because this document is merely removing commodity entries that have already been updated. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action? EPA included the required statutory discussion in the September 18, 2007 nomenclature rule. V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: October 23, 2007. Debra Edwards, Director, Office of Pesticide Programs. Therefore, 40 CFR part 180 is corrected as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a, and 371. 2. In FR Doc. E7-18159 published in the **Federal Register** of September 18, 2007 (72 FR 53134) (FRL-8126-5), in the table to part 180, make the following corrections. a. On page 53137, remove the two entries for §180.103. b. On page 53138, remove all four entries for §180.142. c. On page 53138, remove the entry for §180.185. d. On page 53138, remove the entry for §180.211. e. On page 53138, remove the two entries for §180.213. f. On page 53138, remove all the entries for §180.220. g. On page 53139, remove all the entries for §180.242. h. On page 53139, remove the entry for §180.249. i. On page 53139, remove the entries for §180.298. j. Beginning on the bottom of page 53139, remove all the entries for §180.317. k. On page 53140, remove all the entries for §180.330. l. On page 53140, remove the entry for §180.345. m. On page 53141, remove the two entries for §180.378. n. On page 53141, remove the two entries for §180.381. o. On page 53142, remove all of the entries for §180.418, except the entries for “Berry, group 13;” “Grass, forage, group 17;” and “Grass, hay, group 17.” p. On page 53145, remove all the entries for §180.489. [FR Doc. E7-21471 Filed 10-30-07; 8:45 am] BILLING CODE 6560-50-S GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300-1, 300-2, 300-3, 300-70, 301-10, 301-11, 301-12, 301-50, 301-51, 301-52, 301-53, 301-54, 301-70, 301-71, 301-72, 301-73, 301-75, and Chapter 301—Appendices B and D [FTR Amendment 2007-05; FTR Case 2007-305; Docket 2007-0002, Sequence 4] RIN 3090-AI39 Federal Travel Regulation; FTR Case 2007-305, Miscellaneous Amendments AGENCY: Office of Governmentwide Policy, GSA. ACTION: Final rule. SUMMARY: This final rule updates the Federal Travel Regulation

(FTR)by making miscellaneous changes, including editorial changes and corrections. These changes are necessary to improve the accuracy, interpretation, and readability of the FTR. EFFECTIVE DATE: This final rule is effective October 31, 2007. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, GSA Building, Washington, DC, 20405,

(202)501-4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Umeki Gray Thorne, Office of Governmentwide Policy, (MTT), at

(202)208-7636. Please cite FTR Amendment 2007-05. SUPPLEMENTARY INFORMATION: A. Background This final rule amends the Federal Travel Regulation

(FTR)by: 1. Updating and correcting agency and office titles and acronyms; 2. Making several editorial and grammatical changes, and clarifying areas of existing policy where needed. 3. Replacing the term “eTravel Service” with “E-Gov Travel Service” wherever it appears. 4. Replacing “Federal Premier Lodging Program” and “FPLP” with “FedRooms” wherever it appear. 5. Replacing references to “Military Traffic Management Command (MTMC)” with “Surface Deployment and Distribution Command (SDDC)” wherever it appears. 6. Replacing “Travel Management System” with “Travel Management Service” wherever it appears. 7. Replacing “General Accounting Office” with “Government Accountability Office” wherever it appears. 8. Replacing “eTravel Program Management Office” with “E-Gov Travel Program Management Office” wherever it appears. 9. Adding to the category of miscellaneous expense reimbursements, under passport and/or visa fees, the reimbursement of fees incurred by a required physical examination for foreign travel. 10. Removing the acronym “GEBAT” in Section 301-51.100 and Appendix D to Chapter 301. 11. Adding changes to authority citations to be consistent with the codification of Title 40 of the United States Code. 12. Adding a term and definition for “Subsistence Allowance”. 13. Clarifying that lodging taxes for United States locations are not included in the per diem allowance. 14. Amending helpful do’s and don’ts for Government contractor-issued travel cardholders. 15. Amending Chapter 301-Appendices B and D, in accordance with the above changes. B. Executive Order 12866 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act This final rule is not required to be published in the **Federal Register** for notice and comment therefore, the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , does not apply. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FTR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget

(OMB)under 44 U.S.C. 3501, *et seq.* E. Small Business Regulatory Enforcement Fairness Act This final rule is also exempt from congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Parts 300-1, 300-2, 300-3, 300-70, 301-10, 301-11, 301-12, 301-50, 301-51, 301-52, 301-53, 301-54, 301-70, 301-71, 301-72, 301-73, 301-75, and Chapter 301-Appendices B and D Government employees, Travel and transportation expenses. Dated: September 13, 2007. Lurita Doan, Administrator of General Services. For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709, GSA amends 41 CFR parts 300-1, 300-2, 300-3, 300-70, 301-10, 301-11, 301-12, 301-50, 301-51, 301-52, 301-53, 301-54, 301-70, 301-71, 301-72, 301-73, 301-75, and Chapter 301-Appendices B and D to read as follows: PART 300-1—THE FEDERAL TRAVEL REGULATION

(FTR)1. The authority citation for 41 CFR part 300-1 is revised to read as follows: Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586. PART 300-2—HOW TO USE THE FTR 2. The authority citation for 41 CFR part 300-2 is revised to read as follows: Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586. PART 300-3—GLOSSARY OF TERMS 3. The authority citation for 41 CFR part 300-3 is amended by inserting a period at the end of the citation to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; E.O. 11609; 36 FR 13747; 3 CFR, 1971-1975 Comp., p. 586, Office of Management and Budget Circular No. A-126, “Improving the Management and Use of Government Aircraft.” Revised May 22, 1992. 4. Amend § 300-3.1 by— a. Removing in the definition of “Agency”, paragraph (1), the words “General Accounting Office” and adding “Government Accountability Office” in its place; b. Removing the definition title “ *eTravel Service (eTS)* ” and adding “ *E-Gov Travel Service (ETS)* ” in its place; c. Adding in the definition of “Household Goods (HHG)”, paragraph (1)(v) a parenthesis after “trailers)”, and by removing “that can fit into a moving van”; d. Amend the definition of “ *Per diem allowance* ”, by revising the last sentence in the introductory text and paragraph (a); and in paragraph (c)(2) by removing “can” and adding “cannot” in its place; and e. Adding, in alphabetical order, the definition “Subsistence Expenses”. The revised text reads as follows: § 300-3.1 What do the following terms mean? *Per diem allowance* * * * The per diem allowance covers all charges and services, including any service charges where applicable. Lodging taxes in the United States are excluded from the per diem allowance and are reimbursed as a miscellaneous expense. In foreign locations, lodging taxes are part of the per diem allowance and are not a miscellaneous expense. The per diem allowance covers the following:

(a)*Lodging* . Includes expenses, except lodging taxes in the United States, for overnight sleeping facilities, baths, personal use of the room during daytime, telephone access fee, and service charges for fans, air conditioners, heaters and fires furnished in the room when such charges are not included in the room rate. *Subsistence Expenses* - Expenses such as:

(a)Lodging and service charges;

(b)Meals, including taxes and tips; and

(c)Incidental expenses (see incidental expenses under the definition of per diem allowance). PART 300-70—AGENCY REPORTING REQUIREMENTS 5. The authority citation for 41 CFR part 300-70 is revised to read as follows: Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. 11609, 3 CFR, 1971-1975 Comp.,p. 586. § § 300-70.1 and 300-70.3 [Amended] 6. Amend § § 300-70.1 and 300-70.3 by removing “and Transportation” in the last sentence after “Travel”, respectively. PART 301-10—TRANSPORTATION EXPENSES 7. The authority citation for 41 CFR part 301-10 is revised to read as follows: Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118, Office of Management and Budget Circular No. A-126, “Improving the Management and Use of Government Aircraft.” Revised April 28, 2006. § 301-10.105 [Amended] 8. Amend § 301-10.105(c), by removing “or (ship)” wherever it appears and adding “(or ship)” in its place. § 301-10.107 [Amended] 9. Amend § 301-10.107, Note 1, by removing “system” and adding “service”, in its place. § 301-10.123 [Amended] 10. Amend § 301-10.123(b), second sentence, by removing “in writing” and adding “annually in a written statement” in its place. § 301-10.138 [Amended] 11. Amend § 301-10.138(b)(3) by removing “can not” and adding “cannot”, in its place. PART 301-11—PER DIEM EXPENSES 12. The authority citation for 41 CFR part 301-11 continues to read as follows: Authority: 5 U.S.C. 5707. § 301-11.6 [Amended] 13. Amend § 301-11.6 by— a. Removing, in the table, entry (b), in the third column, “ *http://www.dtic.mil/perdiem* ” and adding “ *https://secureapp2.hqda.pentagon.mil/perdiem/perdiemrates.html* ” in its place; and b. Adding, in the table, entry (c), in the third column, “and available on the Internet at *www.state.go* v” after “Areas)”. § 301-11.11 [Amended] 14. Amend § 301-11.11 by removing “system” and adding “service” in its place. § 301-11.15 [Amended] 15. Amend § 301-11.15(a), by adding “rental” before “cost of appropriate”. § 301-11.18 [Amended] 16. Amend § 301-11.18, in the first sentence, by removing “Your” and adding “Except as provided in § 301-11.17, your” in its place. § 301-11.21 [Amended] 17. Amend § 301-11.21(b), by removing “of” and adding “or” in its place. 18. Revise the last sentence in § 301-11.29 to read as follows: § 301-11.29 Are lodging facilities required to accept a generic federal, state, or local tax exempt certificate? * * * The GSA Per Diem Rates webpage ( *http://gsa.gov/perdiem* ) provides more information on State tax exemptions. § 301-11.102 [Amended] 19. Amend § 301-11.102, in the table, in the third column, by revising the first entry under the heading “ Your applicable M&IE rate is” to read as follows. **For days of travel which** **Your applicable M&IE rate is** * * * The M&IE rate applicable for the TDY location or stopover point. * * * * * * * * * * PART 301-12—MISCELLANEOUS EXPENSES 20. The authority citation for 41 CFR part 301-12 continues to read as follows: Authority: 5 U.S.C. 5707. § 301-12.1 [Amended] 21. Amend § 301-12.1, in the table, in the third column, by revising the entry under the heading “Special expenses of foreign travel”, second entry, to read as follows: General expenses Fees to obtain money Special expenses of foreign travel * * * * * * * * * * * * * * * Passport and/or visa fees, including fees for a physical examination if one is required to obtain a passport and/or visa and such examination could not be obtained at a Government facility. Reimbursement for such fees may include travel and transportation costs to the passport/visa issuing office if located outside the local commuting area of the employee’s official duty station and the traveler’s presence at that office is mandatory. * * * * * PART 301-50—ARRANGING FOR TRAVEL SERVICES 22. The authority citation for 41 CFR part 301-50 continues to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c). § 301-50.3 [Amended] 23. Amend § 301-50.3, by removing “System” and adding “Service” in its place. § 301-50.8 [Amended] 24. Amend § 301-50.8 by— a. Adding in paragraph (b)(1), “(the Act)” after “1990”; b. Revising paragraph (b)(2) introductory text; c. Removing in paragraph (b)(2)(i), in the first sentence, “under contract”; and removing “eTS” and adding “ETS” in its place; d. Removing in paragraphs (b)(2)(i), in three places; and (b)(2)(ii), “FPLP” and adding “FedRooms” in its place; and e. Removing in paragraph (c), in the first sentence, “Military Traffic Management Command (MTMC)” and adding “Surface Deployment and Distribution Command (SDDC)” in its place; and in the last sentence, removing “MTMC” and adding “SDDC”in its place. The revised text reads as follows: § 301-50.8 Are there any limits on travel arrangements I may make?

(b)* * *

(2)When selecting a commercial lodging facility, first consideration must be given to the commercial lodging facilities under FedRooms (FedRooms may be found on the Internet at *http://www.fedrooms.gov* ), all of which meet fire safety requirements, unless one or more of the following conditions exist: §§ 301-50.3, 301-50.5, and 301-50.8 [Amended] 25. In addition to the amendments set forth above, in 41 CFR part 301-50, remove the words “eTravel Service” and add, in their place, the words “E-Gov Travel Service” in the following places:

(a)§ 301-50.3;

(b)§ 301-50.5 heading and section text; and

(c)§ 301-50.8(b)(2)(i) PART 301-51—PAYING TRAVEL EXPENSES 26. The authority citation for 41 CFR part 301-51 is revised to read as follows: Authority: 5 U.S.C. 5707. Subpart A is issued under the authority of Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note); 40 U.S.C. 121(c). § 301-51.100 [Amended] 27. Amend § 301-51.100, in the table, by— a. Removing, in the second column, under the heading “You must use”, under the first entry, “card, centrally” and adding “card or centrally” in its place; and removing “, or” at the end of the sentence; and b. Revising, in the third column, under the first entry under the heading “Unless”. The revised text reads as follows: For passenger transportation services costing You must use Unless * * * * * * Use of the Government contractor-issued individually billed travel card is not accepted, its use is impracticable or special circumstances justify the use of a GTR. * * * * * * * * * * * * * * * PART 301-52—CLAIMING REIMBURSEMENT 28. The authority citation for 41 CFR part 301-52 continues to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec.2., Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note). § 301-52.3 [Amended] 29. Amend § 301-52.3 by removing “eTravel Service” and add “E-Gov Travel Service”; and removing “eTS” and add “ETS” in their places, respectively. § 301-52.4 [Amended] 30. Amend § 301-52.4, paragraph (b)(3) by— a. Removing “ *http://ardor.nara.gov/grs/grs06.html* ” and add “ *http://www.archives.gov/records-mgmt/ardor/grs06.html* ” in its place; and b. Removing “paragraph 1” and add “paragraph number 1” in its place. PART 301-53—USING PROMOTIONAL MATERIALS AND FREQUENT TRAVELER PROGRAMS 31. The authority citation for 41 CFR part 301-53 continues to read as follows: Authority: Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. § 301-53.4 [Amended] 32. Amend § 301-53.4, in the third sentence, by removing “systems” and adding “services” in its place. § 301-53.5 [Amended] 33. Amend § 301-53.5 in the heading and text by removing “system” and adding “service” in its place. PART 301-54—COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD 34. The authority citation for part 301-54 is revised to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note). PART 301-70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS 35. The authority citation for 41 CFR part 301-70 is revised to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note), Office of Management and Budget Circular No. A-126, “Improving the Management and Use of Government Aircraft,” revised May 22, 1992, and OMB Circular No. A-123, Appendix B, “Improving the Management of Government Charge Card Programs,” revised April 2006. § 301-70.1 [Amended] 36. Amend § 301-70.1(d) by removing “eTS” and adding “ETS”, two times, in its place. § 301-70.701 [Amended] 37. Amend § 301-70.701(a)(3), by removing “Transportation” and adding “Homeland Security” in its place. 38. Amend § 301-70.708(a) by revising the web site address and by revising paragraph

(j)to read as follows: § 301-70.708 What can we do to reduce travel charge card delinquencies?

(a)* * * *http://www.gsa.gov/traveltraining* .

(j)For some helpful do’s and don’ts for travel cardholders, see GSA publication (Card-F001) entitled “Helpful Hints for Travel Cardholders”. This publication is available on the Internet at *http://fss.gsa.gov/services/gsa-smartpay* . Click on “Publications and Presentations” and under “Publications,” click on “Helpful Hints for Travel Card Use”. PART 301-71—AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS 39. The authority citation for 41 CFR part 301-71 is revised to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note). § 301-71.105 [Amended] 40. Amend § 301-71.105(i), by adding “a” after “of”. § 301-71.106 [Amended] 41. Amend § 301-71.106, in the table, under the heading “The appropriate official to sign a trip-by-trip authorization is”, in the third entry, by removing “part 304” and adding “Chapter 304” in its place. § 301-71.200 [Amended] 42. Amend § 301-71.200 by removing the comma after the closed parenthesis. § 301-71.309 [Amended] 43. Amend § 301-71.309 by removing the words “Accounting ” wherever it appears and adding “Accountability” and “General” wherever it appears and adding “Government” in its place. PART 301-72—AGENCY RESPONSIBILITIES RELATED TO COMMON CARRIER TRANSPORTATION 44. The authority citation for part 301-72 is revised to read as follows: Authority: 5 U.S.C. 5707; 31 U.S.C. 3726; 40 U.S.C. 121(c). § 301-72.203 [Amended] 45. Amend § 301-72.203 by adding a comma after “e.g.”, in two places. PART 301-73—TRAVEL PROGRAMS 46. The authority citation for 41 CFR part 301-73 continues to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c). § 301-73.1 [Amended] 47. Amend § 301-73.1(d), by removing the words “Federal Premier Lodging Program (FPLP)” and add “FedRooms”, in its place. § 301-73.2 [Amended] 48. Amend § 301-73.2(c), by removing the words “eTravel Program Management Office” and add “E-Gov Travel Program Management Office”, in its place. § 301-73.104 [Amended] 49. Amend § 301-73.104(a)(1), by removing the words “Travel Management System” and add “Travel Management Service”, in its place. § 301-73.106 [Amended] 50. Amend § 301-73.106 by— a. Removing in paragraph (a)(2), the words “Federal Premier Lodging Program” and add “FedRooms”, in its place.; and b. Removing in paragraph (a)(3), the words “Military Traffic Management Command (MTMC)” and adding “Surface Deployment and Distribution Command (SDDC)” in its place. §§ 301-73.1 through 301-73.106 [Amended] 51. In addition to the amendments set forth above, in 41 CFR part 301-73 remove the words “eTravel Service” and add, in their place, the words “E-Gov Travel Service” in the following places:

(a)Note to § 301-73.1;

(b)§ 301-73.100, section heading;

(c)§ 301-73.103, section heading;

(d)§ 301-73.104, section heading; and

(e)§ 301-73.105, section heading. 52. In addition to the amendments set forth above, in 41 CFR part 301-73 remove the word “eTS” and add, in their place, the word “ETS” in the following places:

(a)Note to § 301-73.1;

(b)§ 301-73.2(a); (b), two times; (c); (d); (e);

(c)§ 301-73.100, five times;

(d)Note to § 301-73.100, five times;

(e)§ 301-73.103;

(f)§ 301-73.104(a); (a)(1), two times; (a)(2); (a)(3); (a)(4);

(g)§ 301-73.105, two times;

(h)§ 301-73.106, section heading; and

(i)Note to § 301-73.106, three times. PART 301-75—PRE-EMPLOYMENT INTERVIEW TRAVEL 53. The authority citation for 41 CFR part 301-75 continues to read as follows: Authority: 5 U.S.C. 5707. § 301-75.4 [Amended] 54. Amend § 301-75.4, paragraph (f), by removing “18 U.S.C. 287 and 1001.” and adding “(See 18 U.S.C. 287 and 1001).” in its place. PART 301-76—COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD 55. The authority citation for 41 CFR part 301-76 is revised to read as follows: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note). 56. Amend Appendix B to Chapter 301 by revising the introductory paragraph to read as follows: **Appendix B to Chapter 301—Allocation of M&IE Rates To Be Used in Making Deductions From the M&IE Allowance** Deductions to M&IE rates for localities in both nonforeign areas and foreign areas shall be allocated as shown in this table. For information as to where to access per diem rates for various types of Government travel, please consult the table in § 301-11.6. 57. Amend Appendix D to Chapter 301 by removing the acronym “GEBAT” and alphabetically adding or changing the following acronyms to read as follows: Appendix D to Chapter 301—Glossary of Acronyms CAS: Commercial Aviation Service(s) CDW: Collision Damage Waiver CTO: Commercial Ticket Office ETS: E-Gov Travel Service(s) FAA: Federal Aviation Administration FECA: Federal Employees’ Compensation Act Fedrooms: Enhanced Federal Premier Lodging Program (formally known as FPLP) FICA: Federal Insurance Contribution Act HHG: Household Goods ISSA: Inter-service Support Agreement(s) ITRA: Income Tax Reimbursement Allowance MARS: Military Affiliate Radio System NARA: National Archives and Records Administration NTE: Not to Exceed OBE: Online Self-service Booking Tool PBP&E: Professional Books, Papers, and Equipment PMO: E-Gov Travel Program Management Office SDDC: Surface Deployment and Distribution Command SIT: Storage in Transit TMS: Travel Management Service U.S.: United States [FR Doc. E7-21254 Filed 10-30-07; 8:45 am] BILLING CODE 6820-14-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 488 [CMS-2278-IFC] RIN 0938-AP22 Revisit User Fee Program for Medicare Survey and Certification Activities AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Interim final rule with comment period. SUMMARY: This interim final rule with comment period implements the continuation of the revisit user fee program for Medicare Survey and Certification activities, in accordance with the statutory authority in the Continuing Appropriations Resolution (“Continuing Resolution”) budget legislation passed by the Congress and signed by the President on September 29, 2007. On September 19, 2007, we published a final rule that established a system of revisit user fees applicable to health care facilities that have been cited for deficiencies during initial certification, recertification or substantiated complaint surveys and require a revisit to confirm that corrections to previously-identified deficiencies have been corrected. DATES: *Effective date:* These regulations are effective October 1, 2007. *Comment date:* To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on December 31, 2007. ADDRESSES: In commenting, please refer to file code CMS-2278-IFC. Because of staff and resource limitations, we cannot accept comments by facsimile

(Fax)transmission. You may submit comments in one of four ways (no duplicates, please): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2278-IFC, P.O. Box 8010, Baltimore, MD 21244-8016. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2278-IFC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number

(410)786-7195 in advance to schedule your arrival with one of our staff members. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or 7500 Security Boulevard, Baltimore, MD 21244-1850. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Kathryn Linstromberg,

(410)786-8279. SUPPLEMENTARY INFORMATION: *Submitting Comments:* As the public was provided an opportunity to comment on the substance of the rule during the comment period prior to the publication of the September 19, 2007 final rule, and as the substance of the rule is not changed by this interim final rule with comment period, we are accepting comments only to the extent that they pertain to the applicability of the new authority for the rule. You can assist us by referencing the file code CMS-2278-IFC. *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Electronic Comments on CMS Regulations” on that Web site to view public comments. Comments received timely will be also available for public inspection as they are received, generally beginning approximately three weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. SUPPLEMENTARY INFORMATION: I. Background In the June 29, 2007 **Federal Register** (72 FR 35673), we published the proposed rule entitled, “Establishment of Revisit User Fee Program for Medicare Survey and Certification Activities” and provided for a 60-day comment period. In the September 19, 2007 **Federal Register** (72 FR 53628) we published the Revisit User Fee Program final rule. That final rule set forth final requirements and a final fee schedule for providers and suppliers who require a revisit survey as a result of deficiencies cited during an initial certification, recertification, or substantiated complaint survey. The Centers for Medicare & Medicaid Services

(CMS)has in place an outcome-oriented survey process that is designed to determine whether existing Medicare-certified providers and suppliers or providers and suppliers seeking initial Medicare certification are actually meeting statutory and regulatory requirements, conditions of participation, or conditions for coverage. These health and safety requirements apply to the environments of care and the delivery of services to residents or patients served by these facilities and agencies. The Secretary of the Department of Health and Human Services

(HHS)has designated CMS to enforce the conditions of participation/coverage and other requirements of the Medicare program. The revisit user fee will be assessed for revisits conducted in order to determine whether deficiencies cited as a result of failing to satisfy federal quality of care requirements have been corrected. Pursuant to the requirements of the Continuing Appropriations Resolution budget bill for fiscal year

(FY)2007, which was passed by the Congress and signed by the President, we were directed by the Secretary to implement the revisit user fees for FY 2007 for certain providers and suppliers for which a revisit was required to confirm that previously-identified failures to meet federal quality of care requirements had been remedied. The fees recover the costs associated with the Medicare Survey and Certification program's revisit surveys. The primary purpose for implementing the revisit user fees is to ensure the continuance of CMS Survey and Certification quality assurance functions that improve patient care and safety. The fees became effective upon publication September 19, 2007, when the final rule was published. II. Provisions of the Interim Final Rule The current Continuing Resolution (Pub. L. 110-92, H. J. Res. 52 §§ 101 & 106(2007)) authorizes HHS to continue the revisit user fees until November 16, 2007, as follows: * * * Sec. 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2007 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this joint resolution, that were conducted in fiscal year 2007, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: * * *

(3)The Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Pub. L. 110-5). ( *H.J. Res. 20, § 101(2007)).* Sec. 106. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act for fiscal year 2008, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available until whichever of the following first occurs: * * *

(3)November 16, 2007. As directed by the Secretary, in the September 19, 2007 **Federal Register** (72 FR 53628), we established revisit user fees for revisit surveys and put forth in regulation the definitions, criteria for determining the fee, the fee schedule, collection of fees, reconsideration process for revisit user fees, enforcement and regulatory language addressing enrollment and billing privileges, and provider agreements. In the September 19, 2007 final rule, cost projections were based on FY 2006 actual data and were expected to amount to $37.3 million on an annual basis for FY 2007. These calculations were included in section IV of the final rule (72 FR 53642). We stated in the final rule that, “if authority for the revisit user fee is continued, we will use the current fee schedule in [the final rule] for the assessment of such fees until such time as a new fee schedule notice is proposed and published in final form.” (72 FR 53628). The current Continuing Resolution continues the authority of the FY 2007 Continuing Resolution from October 1, 2007 through November 16, 2007. Accordingly, the revisit fees will continue to be assessed for the entire time period authorized by the current Continuing Resolution. III. Response to Comments Because of the large number of public comments we normally receive on **Federal Register** documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. IV. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the **Federal Register** and invite public comment on the proposed rule in accordance with *5 U.S.C. section 553*

(b)of the Administrative Procedure Act (APA). The notice of proposed rulemaking includes a reference to the legal authority under which the rule is proposed, and the terms and substances of the proposed rule or a description of the subjects and issues involved. This procedure can be waived, however, if an agency finds good cause that a notice-and-comment procedure is impracticable, unnecessary, or contrary to the public interest and incorporates a statement of the finding and its reasons in the rule issued. We find that the notice-and-comment procedure is unnecessary in this circumstance because providers and suppliers have already been provided notice and an opportunity to comment on the substance of this rule. This interim final rule with comment merely updates the Congressional authority under which the rule operates. Therefore, we find good cause to waive the notice of proposed rulemaking and to issue this final rule on an interim basis. We are providing a 60-day public comment period. We ordinarily provide a 30-day delay in the effective date of the provisions of a rule in accordance with the Administrative Procedure Act

(APA)5 U.S.C. 553(d). However, the delay in the effective date may be waived as, in pertinent part, “provided by the agency for good cause found and published with the rule” 5 U.S.C. 553(d)(3). The Secretary finds that good cause exists to waive the 30-day effective date delay. The good cause exception to the 30 day effective date delay provision of section 553(d) of the APA is read to be broader than the good cause exception to the notice and comment provision of section 553(b)of the APA. The legislative history of the APA indicates that the purpose for deferring the effectiveness of a rule under section 553(d) was to “afford persons affected a reasonable time to prepare for the effective date of a rule or rules or to take other action which the issuance may prompt.” S. Rep. No. 752, 79th Cong., 1st Sess. 15 (1946); H.R. Rep. No. 1980, 79th Cong. 2d Sess. 25 (1946). In this case, affected parties do not need time to adjust their behavior before this rule takes effect. This rule merely updates the authority under which the revisit fee is assessed and does not provide any additional requirements for the affected parties. Moreover, with or without a revisit fee, a provider or supplier must be found to have corrected significant deficiencies in order to avoid termination. Additionally, the application of a fee for the revisit does not place appreciable administrative burdens on the affected providers or suppliers. We do not expect appreciable cost to State survey agencies because we are undertaking the billing and collection of the revisit user fee. We identified in the proposed rule the immediacy of this revisit user fee program and the limited nature of FY 2007, Continuing Resolution Appropriation (Pub. L. 110-5). Specifically, the Continuing Resolution required us to implement the revisit fee program in FY 2007. Accordingly, providers and suppliers have been on notice for some time that these fees will be imposed, and do not need additional time to be prepared to comply with the requirements of this regulation. We believe that given the short timeframe that we have to collect fees before the statutory authority of the current Continuing Resolution expires, there is good cause to waive the 30-day effective date. V. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. VI. Regulatory Impact Analysis A. Overall Impact We have examined the impacts of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act

(RFA)(September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), and Executive Order 13132. Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis

(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any one year). This rule is not a major rule. The aggregate costs will total approximately $37.3 million in any one year. The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Individuals and States are not included in the definition of a small entity. Small businesses are small entities, either by nonprofit status or by having revenues of $6.5 million to $31.9 million or less in any one year for purposes of the RFA. The September 19, 2007 final rule provided an analysis on the impact of small entities (72 FR 53642-3). The analysis published in the final rule remains valid. Since this interim final rule with comment merely updates the Congressional authority under which the rule operates, we have determined, and the Secretary certifies, that this rule will not have a significant impact on small entities based on the overall effect on revenues. Section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan statistical Area (superseded by Core Based Statistical Areas) and has fewer than 100 beds. This rule affects those small rural hospitals that have been cited for a deficiency based on noncompliance with required conditions of participation and for which a revisit is needed to make sure that the deficiency has been corrected. We identified in the September 19, 2007 final rule that for the effective period of that rule that less than 3 percent of all hospitals may be assessed a revisit user fee and that less than 1 percent of those hospitals would be rural hospitals (72 FR 53643). The analysis published in the final rule remains valid. Since this interim final rule with comment merely updates the Congressional authority under which the rule operates, we maintain that given the effective period of this rule, we have determined, and the Secretary certifies, that this rule will not have a significant impact on small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any one year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $120 million. This interim final rule with comment will have no mandated effect on State, local, or tribal governments and the impact on the private sector is estimated to be less than $120 million and will only affect those Medicare providers or suppliers for which a revisit user fee is assessed based on the need to conduct a revisit survey to ensure deficient practices that were cited have been corrected. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This interim final rule with comment will not substantially affect State or local governments. This rule establishes user fees for providers and suppliers for which CMS has identified deficient practices and requires a revisit to assure that corrections have been made. Therefore, we have determined that this interim final rule with comment will not have a significant effect on the rights, roles, and responsibilities of State or local governments. B. Impact on Providers/Suppliers There is no change on the impact on providers and suppliers with the publication of this interim final rule with comment. The impact remains as discussed in the final rule (72 FR 53643). Final Fee Schedule for Onsite and Offsite Revisit Surveys The FY 2007 fee schedule published on September 19, 2007 (72 FR 53647) in the final rule will be retained. As noted in the final rule, the published fee schedule will be utilized by CMS for the assessment of such fees until such time as a new fee schedule notice is proposed and published in final form. The calculations utilized to determine the fee as identified in the final rule will be the same (72 FR 53645-6). We will continue to assess a flat fee based on provider or supplier type and type of revisit survey conducted. Table A below identifies the final fee schedule. Table A.—Final Fee Schedule Facility Fee assessed per offsite revisit survey Fee assessed per onsite revisit survey SNF & NF $168 $2,072 Hospitals 168 2,554 HHA 168 1,613 Hospice 168 1,736 ASC 168 1,669 RHC 168 851 ESRD 168 1,490 Costs for All Revisit User Fees Assessed We anticipated that the combined costs for all providers and suppliers for all revisit surveys in FY 2007 would total approximately $37.3 million on an annual basis, with onsite revisit surveys amounting to approximately $34.6 million and offsite revisit surveys totaling approximately $2.7 million (72 FR 53645). However, actual fees assessed in FY 2007 were much less than this annual amount, since CMS did not charge for revisits that occurred prior to publication of the final regulation. Since we continue to operate under these same annual estimates, we provide here estimates of the impact for the period of the current continuing resolution as listed below in monthly estimates in Tables B and C. For the period of the current continuing resolution, we will use the FY 2007 fee schedule established in the final rule for the assessment of fees until a new fee schedule notice is proposed and published as final. In Table B below, we provide the projected costs for the period of this continuing resolution based on the fee schedule of the final rule. We expect the combined costs for all providers and suppliers for all onsite revisit surveys for the period of this continuing resolution to total approximately $4.3 million. We first multiplied the total number of onsite revisit surveys in one year by the expected revisit user fees assessed per revisits as finalized in Table A above, estimated by provider or supplier, to obtain the annual cost of revisit surveys. We then divided this number by 12 to obtain the monthly cost of onsite revisit surveys and multiplied by the effective period of the continuing resolution (roughly 1.5 months) to obtain the total costs for onsite revisit surveys for the period of the continuing resolution. We then totaled all providers and suppliers to achieve the total costs for all onsite revisit surveys for the period of this continuing resolution. Table B.—Onsite Revisit Surveys—Estimated Monthly Costs Facility Monthly number of onsite revisit surveys Fee assessed per onsite revisit surveys (hrs × $112) Monthly costs for onsite revisit surveys* Total costs for onsite revisit surveys for period of CR ** SNF & NF 1,191 $2,072 $2,467,061 $3,700,592 Hospitals 48 2,554 122,379 183,569 HHA 89 1,613 143,557 215,336 Hospice 21 1,736 37,035 55,552 ASC 8 1,669 13,213 19,819 RHC 12 851 10,567 15,850 ESRD 58 1,490 86,668 130,003 Total 1,427 2,880,480 4,320,721 * Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. ** Monthly costs were multiplied by the effective period of the CR (roughly 1.5 months) Total numbers of onsite revisit surveys were rounded up based on FY 2006 actual data presented in the final rule. We expect the combined costs for all providers and suppliers for all offsite revisit surveys to total $343,875 for the period of the current continuing resolution. In Table C below, we first estimated by provider or supplier the number of offsite revisit surveys expected for an entire fiscal year, and multiplied this number by the expected revisit user fee of $168 per offsite revisit survey to obtain the annual cost of surveys. We then divided this number by 12 to obtain the monthly cost of offsite revisit surveys and multiplied this number by the effective period of the continuing resolution (roughly 1.5 months) to obtain the total costs for offsite revisit surveys for the period of the continuing resolution. Table C.—Offsite Revisit Surveys—Estimated Monthly Costs Facility Monthly number of offsite revisit surveys Fee assessed per offsite revisit survey ($112 × 1.5 hrs) Monthly costs for offsite revisit surveys* Total costs for offsite revisit surveys for period of CR ** SNF & NF 1,262 $168 $211,932 $317,898 Hospitals 23 168 3,892 5,838 HHA 43 168 7,238 10,857 Hospice 4 168 714 1,071 ASC 8 168 1,302 1,953 RHC 6 168 938 1,407 ESRD 19 168 3,234 4,851 Total 1,365 229,250 343,875 * Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. ** Monthly costs were multiplied by the effective period of the CR (roughly 1.5 months). As shown in Table D below, we provide the aggregate costs expected as projected for the entire FY 2007, as well as the costs we would expect to offset for the period of the current continuing resolution. Table D.—Total Costs Combined for All Revisits Surveys per Fiscal Year & Period of CR FY 2007 Period of CR * Onsite Revisit Surveys $34,565,760 $4,320,512 Offsite Revisit Surveys 2,751,000 343,980 Total Costs All Revisits 37,316,760 4,664,492 * CR period's costs are based on CR period revisit surveys rounded up to the nearest whole number as shown in Table B & C. C. Alternatives Considered CMS considered a number of alternatives to the Revisit User Fee. Such alternatives were discussed in the final rule published on September 19, 2007 (72 FR 53647). We affirm the continuing validity of that analysis. The current continuing resolution provides CMS with the authority to continue projects or activities as was otherwise provided for in FY 2007, and as such CMS is required to publish an interim final rule with comment. This interim final rule with comment merely updates the Congressional authority under which the rule operates. In accordance with Executive Order 12866, this rule has been reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 488 Administrative practice and procedure, Health facilities, Medicare, Reporting and recording requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV, part 488 as set forth below: PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES 1. The authority citation for part 488 is revised to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act, unless otherwise noted (42 U.S.C. 1302 and 1395(hh)); Pub. L. 110-92, H. J. Res. 52 §§ 101 & 106 (2007). (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: October 11, 2007. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: October 25, 2007. Michael O. Leavitt, Secretary. [FR Doc. 07-5400 Filed 10-26-07; 12:02 pm]

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