Proposed Rules. Notice of regulatory review; request for comments

7,356 words·~33 min read·/register/2007/11/02/07-5457

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

BILLING CODE 6712-01-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 571 and 579 [Docket No. NHTSA-07-29294] Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of regulatory review; request for comments. SUMMARY: NHTSA seeks comments on the economic impact of its regulations on small entities.

As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, motorcycles, and motor vehicle equipment. DATES:

You should submit comments early enough to ensure that Docket Management receives them not later than January 2, 2008. ADDRESSES: You may submit comments [identified by DOT Docket ID Number NHTSA-07-29294] by any of the following methods: • *Federal Rulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001 • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m.

ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251 *Instructions:* For detailed instructions on submitting comments and additional information see the Comments heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.).

You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketsInfo.dot.gov.* FOR FURTHER INFORMATION CONTACT: Juanita Kavalauskas, Office of Regulatory Analysis, Office of Regulatory Analysis and Evaluation, National Highway Traffic Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone 202-366-2584, fax 202-366-3189). SUPPLEMENTARY INFORMATION:

I. Section 610 of the Regulatory Flexibility Act A. Background and Purpose Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic reviews of final rules that have a significant economic impact on a substantial number of small business entities. The purpose of the reviews is to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities.

B. Review Schedule The Department of Transportation

(DOT)published its Semiannual Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR 64684) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D also contains DOT's 10-year review plan for all of its existing regulations. The National Highway Traffic Safety Administration (NHTSA, “we”) has divided its rules into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process—an Analysis Year and a Review Year. For purposes of these reviews, a year will coincide with the fall-to-fall publication schedule of the Semiannual Regulatory Agenda. Thus, Year 1

(1998)began in the fall of 1998 and ended in the fall of 1999; Year 2

(1999)began in the fall of 1999 and ended in the fall of 2000; and so on. During the Analysis Year, we will request public comment on and analyze each of the rules in a given year's group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall's Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months. The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider:

(1)The continued need for the rule;

(2)the nature of complaints or comments received from the public;

(3)the complexity of the rule;

(4)the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with State or local government rules; and

(5)the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the Review Year, we will publish the results of our review. The following table shows the 10-year analysis and review schedule: NHTSA Section 610 Review Plan Year Regulations to be reviewed Analysis year Review year 1 49 CFR parts 501 through 526 and 571.213 1998 1999 2 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 1999 2000 3 49 CFR 571.101 through 571.110 and 571.135 2000 2001 4 49 CFR parts 529 through 579, except part 571 2001 2002 5 49 CFR 571.111 through 571.129 and parts 580 through 588 2002 2003 6 49 CFR 571.201 through 571.212 2003 2004 7 49 CFR 571.214 through 571.219, except 571.217 2004 2005 8 49 CFR parts 591 through 594 2005 2006 9 49 CFR 571.223 through 571.500 and part 579 2007 2008 10 23 CFR parts 1200 and 1300 and new parts and subparts under 23 CFR 2008 2009 C. Regulations Under Analysis During Year 9, we will conduct a preliminary assessment of the following sections of 49 CFR parts 571.223 through 571.500 and part 579. Section Title 571.223 Rear impact guards. 571.224 Rear impact protection. 571.225 Child restraint anchorage systems. 571.301 Fuel system integrity. 571.302 Flammability of interior materials. 571.303 Fuel system integrity of compressed natural gas vehicles. 571.304 Compressed natural gas fuel container integrity. 571.305 Electric-powered vehicles: electrolyte spillage and electrical shock protection. 571.401 Interior trunk release. 571.403 Platform lift systems for motor vehicles. 571.404 Platform lift installations in motor vehicles. 571.500 Low-speed vehicles. Part 579 Reporting of information and communications about potential defects. We are seeking comments on whether any requirements in 49 CFR 571.223 through 571.500 and part 579 have a significant economic impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. Business entities are generally defined as small businesses by Standard Industrial Classification

(SIC)code, for the purposes of receiving Small Business Administration

(SBA)assistance. Size standards established by SBA in 13 CFR 121.201 are expressed either in number of employees or annual receipts in millions of dollars, unless otherwise specified. The number of employees or annual receipts indicates the maximum allowed for a concern and its affiliates to be considered small. If your business or organization is a small entity and if any of the requirements in 49 CFR 571.223 through 571.500 or part 579 have a significant economic impact on your business or organization, please submit a comment to explain how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant. If the agency determines that there is a significant economic impact on a substantial number of small entities, it will ask for comment in a subsequent notice during the Review Year on how these impacts could be reduced without reducing safety. II. Plain Language A. Background and Purpose Executive Order 12866 and the President's memorandum of June 1, 1998, require each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public's needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that is not clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this document. B. Review Schedule In conjunction with our section 610 reviews, we will be performing plain language reviews over a ten-year period on a schedule consistent with the section 610 review schedule. We will review 49 CFR 571.223 through 571.500 and part 579 to determine if these regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as for putting information in tables that may make the regulations easier to use. Comments How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21.) We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. Please submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES . Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB's guidelines may be accessed at *http://www.whitehouse.gov/omb/fedreg/reproducible.html.* DOT's guidelines may be accessed at *http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.* How can I be sure that my comments were received? If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. How do I submit confidential business information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES . When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR part 512.) Will the agency consider late comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES . To the extent possible, we will also consider comments that Docket Management receives after that date. How can I read the comments submitted by other people? You may read the comments received by Docket Management at the address given above under ADDRESSES . The hours of the Docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:

(1)Go to the Federal Docket Management System

(FDMS)at *http://regulations.gov.*

(2)FDMS provides two basic methods of searching to retrieve dockets and docket materials that are available in the system:

(a)“Quick Search” to search using a full-text search engine, or

(b)“Advanced Search,” which displays various indexed fields such as the docket name, docket identification number, phase of the action, initiating office, date of issuance, document title, document identification number, type of document, **Federal Register** reference, CFR citation, etc. Each data field in the advanced search may be searched independently or in combination with other fields, as desired. Each search yields a simultaneous display of all available information found in FDMS that is relevant to the requested subject or topic.

(3)You may download the comments. However, since the comments are imaged documents, instead of word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. Joseph Carra, Associate Administrator for the National Center for Statistics and Analysis. [FR Doc. E7-21628 Filed 11-1-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Parts 1114, 1121, 1150, and 1180 [STB Ex Parte No. 575 (Sub-No. 1)] Disclosure of Rail Interchange Commitments AGENCY: Surface Transportation Board, DOT. ACTION: Notice of proposed rulemaking. SUMMARY: The Surface Transportation Board is requesting comments on proposed rules to require that parties seeking to exempt, or to invoke class exemptions covering, transactions involving the sale or lease of railroad lines, identify provisions in their agreements that restrict the ability of the purchaser or tenant railroad to interchange traffic with rail carriers other than the seller or landlord railroad (interchange commitments). The proposed rules also provide a procedure whereby shippers or other affected parties may obtain access to such provisions. The Board is taking this action to facilitate the case-specific review of the reasonableness of interchange commitments and to facilitate the Board's monitoring of their usage. DATES: Opening comments may be filed by any interested member of the public by January 2, 2008. Reply comments may be filed by January 22, 2008. Since OMB is required to make a decision concerning the STB's request for approval of this information collection between 30 and 60 days after November 2, 2007, a comment to OMB is best assured of having its full effect if OMB receives it by December 3, 2007. ADDRESSES: Any comments submitted in this proceeding must refer to STB Ex Parte No. 575 (Sub-No. 1) and may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing must attach a document and otherwise comply with the instructions found on the Board's *http://www.stb.dot.gov* Web site, at the “E-FILING” link. Any person submitting a filing in the traditional paper format must submit an original and 10 paper copies of the filing (and also an electronic version) to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. Because all comments will be posted to the Board's Web site, persons filing them with the Board need not serve them on other participants but must furnish a hard copy on request to any participant. Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for STB. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,

(202)245-0395. [Federal Information Relay Service

(FIRS)for the hearing impaired: 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Additional information and background on the proposed regulations, including the basis for the Board's proposed regulations, appear in the decision in *Review of Rail Access and Competition Issues—Renewed Petition of the Western Coal Traffic League,* STB Ex Parte No. 575, *et al.,* which is being served on the date of publication of this notice, and is available on the Board's Web site at *http://www.stb.dot.gov.* To purchase a copy of the full decision, write to, e-mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail *asapdc@verizon.net;* telephone

(202)306-4004. [Assistance for the hearing impaired is available through FIRS at 1-800-877-8339.] The proposed collection of information in the proposed revisions to our regulations for exempting the sale or lease of railroad lines is being submitted to the OMB for review as required under the PRA, 44 U.S.C. 3507(d) and OMB regulations at 5 CFR 1320.11. Pursuant to the Paperwork Reduction Act

(PRA)and Office of Management and Budget

(OMB)regulations at 5 CFR 1320.8(d)(3), the Board also seeks comments regarding the collection of information that would be required in the proposed revisions to our regulations for exempting the sale or lease of railroad lines. Specifically, the Board seeks comments on:

(1)Whether the collection of information proposed here is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility;

(2)the accuracy of the Board's burden estimates;

(3)ways to enhance the quality, utility, and clarity of the information collected; and

(4)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Information pertinent to these issues is included. Pursuant to the PRA and OMB regulations, the STB is submitting a request to OMB for approval of this information collection. Submit comments on the four questions above to both the STB and OMB. The additional information below is included to assist those who may wish to submit comments pertinent to review under the Paperwork Reduction Act. Description of Collection *Title:* Contracts to be Submitted When Rail Carriers Seek Exemption to Acquire (Through Purchase or Lease) and/or Operate a Rail Line. *OMB Control Number:* 2140-XXXX. *STB Form Number:* None. *Type of Review:* New collection. *Respondents:* Noncarriers and carriers seeking an exemption to acquire (through purchase or lease) and/or operate a rail line, if the transaction creates an interchange commitment. *Number of Respondents:* 65 (potential). *Estimated Time Per Response:* Less than 15 minutes. *Frequency:* On occasion. *Total Burden Hours (annually including all respondents):* 16 hours. *Total “Non-hour Burden” Cost:* None identified. *Needs and Uses:* Under 49 U.S.C. 10502, noncarriers and carriers may seek an exemption from the prior approval requirements of sections 10901, 10902, and 11323 to acquire (through purchase or lease) and operate a rail line. The proposed collection of agreements with interchange commitments is intended to facilitate the Board's monitoring of their usage. *Retention Period:* Information in this report will be maintained in the Board's confidential file for 10 years, after which it is transferred to the National Archives. Small Entities The Board certifies that the proposed revisions to our regulations, if adopted, will not have a significant effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). The regulations will not have a significant effect on small entities because they require merely that a party seeking an exemption for the lease or sale of trackage identify the existence of any interchange commitment and give the Board a copy of the document that creates it. The provision of copies of an existing document will involve only limited additional copying expense. Moreover, the regulations will not affect a substantial number of small entities because they will only apply to small railroads that become parties to future line sales or leases that involve interchange commitments. Board decisions, notices, filings, and hearings transcripts are also available on our Web site at *http://www.stb.dot.gov.* List of Subjects 49 CFR Part 1114 Administrative practice and procedure. 49 CFR Parts 1121 and 1150 Administrative practice and procedure, Railroads. 49 CFR Part 1180 Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements. Authority: 49 U.S.C. 721, 5 U.S.C. 553. Decided: October 29, 2007. By the Board, Chariman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. For the reasons set forth in the preamble, parts 1114, 1121, 1150, and 1180, of title 49, chapter X, of the Code of Federal Regulations are proposed to be amended as follows: PART 1114—APPELLATE PROCEDURES 1. The authority citation for part 1114 continues to read as follows: Authority: 5 U.S.C. 559; 49 U.S.C. 721. 2. Amend § 1114.30 by adding paragraph

(d)to read as follows: § 1114.30 Production of documents and records and entry upon land for inspection and other purposes.

(d)*Agreements Containing Interchange Commitments.* In any proceeding involving the reasonableness of provisions related to a rail carrier sale or lease agreement that serve to induce a party to the agreement to interchange traffic with another party to the agreement, rather than with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means, a party to the proceeding may obtain a confidential, complete version of the agreement, with the prior approval of the Board. The party seeking such approval must file an appropriate motion containing a draft protective order and undertaking(s) that will ensure the agreement is kept confidential. The motion seeking approval may be filed at any time after the initial complaint or petition, including before the answer to the complaint or petition is due. A reply to such a motion must be filed within 10 days thereafter. The motion will be considered by the Board in an expedited manner. PART 1121—RAIL EXEMPTION PROCEDURES 3. The authority citation for part 1121 continues to read as follows: Authority: 49 U.S.C. 10502 and 10704. 4. Amend § 1121.3 by adding paragraph

(d)to read as follows: § 1121.3 Content.

(d)*Transactions Imposing Interchange Commitments.*

(1)If a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:

(i)The existence of that provision or agreement and the affected interchange points must be identified; and

(ii)A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).

(2)To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (d)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:

(i)An explanation of the party's need for the information; and

(ii)An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential. PART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES 5. The authority citation for part 1150 continues to read as follows: Authority: 49 U.S.C. 721(a), 10502, 10901, and 10902. 6. Amend § 1150.33 by adding paragraph

(h)to read as follows: § 1150.33 Information to be contained in notice—transactions that involve creation of Class III carriers.

(h)*Transactions Imposing Interchange Commitments.*

(1)If a proposed acquisition or operation of a rail line or change of operators involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:

(i)The existence of that provision or agreement and the affected interchange points must be identified; and

(2)To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (h)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:

(i)An explanation of the party's need for the information; and

(ii)An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential. 7. Amend § 1150.43 by adding paragraph

(h)to read as follows: § 1150.43 Information to be contained in notice for small line acquisitions.

(h)*Transactions Imposing Interchange Commitments.*

(i)The existence of that provision or agreement and the affected interchange points must be identified; and

(2)To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (h)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:

(i)An explanation of the party's need for the information; and

(ii)An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential. PART 1180—RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES 8. The authority citation for part 1180 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 10502, 11323-11325. 9. Amend § 1180.4 by adding paragraph (g)(4) to read as follows: § 1180.4 Procedures.

(g)Notice of exemption. * * *

(4)*Transactions Imposing Interchange Commitments* .

(i)If a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:

(A)The existence of that provision or agreement and the affected interchange points must be identified; and

(B)A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).

(ii)To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to § 1180.4(g)(4)(i) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:

(A)An explanation of the party's need for the information; and

(B)An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential. [FR Doc. E7-21569 Filed 11-1-07; 8:45 am] BILLING CODE 4915-01-P 72 212 Friday, November 2, 2007 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0135] Citrus Greening and Asian Citrus Psyllid; Availability of an Environmental Assessment AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice of availability and request for comments. SUMMARY: We are advising the public that an environmental assessment has been prepared by the Animal and Plant Health Inspection Service relative to a new Federal order that restricts the interstate movement of regulated articles from areas quarantined for citrus greening disease and the Asian citrus psyllid. The environmental assessment documents our review and analysis of the potential environmental impacts associated with the implementation of the new Federal order. We are making this environmental assessment available to the public for review and comment. DATES: We will consider all comments that we receive on or before December 3, 2007. ADDRESSES: You may submit comments by either of the following methods: Federal eRulemaking Portal: Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0135 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2007-0135, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0135. *Reading Room:* You may read any comments that we receive on the environmental assessment in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Stephen R. Poe, Senior Operations Officer, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-8899. SUPPLEMENTARY INFORMATION: Background Citrus greening, also known as huanglongbing, is considered to be one of the most serious citrus diseases in the world. Citrus greening is a bacterial disease that attacks the vascular system of plants. The bacteria are phloem-limited and cause yellow shoots, blotchy mottling and chlorosis, reduced foliage, and tip dieback of citrus plants. It greatly reduces production, destroys the economic value of the fruit, and can kill trees. Once infected, there is no cure for a tree with citrus greening disease. In areas of the world where citrus greening is endemic, citrus trees decline and die within a few years and may never produce usable fruit. Citrus greening is widespread in Asia, Africa, and the Saudi Arabian Peninsula. It has been reported in Sao Paulo, Brazil. It was first detected in the United States in Miami-Dade County, Florida, in 2005, and now has been confirmed in 28 counties in Florida. Citrus greening is transmitted by two insect vectors in the family Psyllidae: *Diaphorina citri* Kuwayama, the Asian citrus psyllid, and *Trioza erytreae* (del Guercio), the African citrus psyllid. It can also be transmitted by grafting, by dodder, and possibly by seed. Asian citrus psyllid can cause economic damage to citrus in groves and nurseries by direct feeding. Both adults and nymphs feed on young foliage, depleting the sap and causing galling or curling of leaves. High populations feeding on a citrus shoot can kill the growing tip. More importantly, this psyllid is able to transmit an endocellular bacterium, Candidatus Liberobacter asiaticus, which causes citrus greening disease. Asian citrus psyllid is currently present in Florida, Hawaii, Puerto Rico, Guam, and several counties in Texas. The African citrus psyllid is not known to be present in the United States. On September 16, 2005, the Animal and Plant Health Inspection Service imposed restrictions on the interstate movement of all citrus greening host plant material and Asian citrus psyllid host plant material from quarantined areas in Florida in order to prevent the artificial spread of citrus greening and of Asian citrus psyllid. APHIS subsequently updated those restrictions by issuing a Federal order on May 3, 2006. This action was necessary due to the continuing spread of both Citrus greening and Asian citrus psyllid. Since that time, infestations of citrus greening have been confirmed in a total of 28 counties in Florida. Asian citrus psyllid has now been confirmed in several counties in Texas, and throughout the States of Florida and Hawaii, the commonwealth of Puerto Rico, and the territory of Guam. APHIS is therefore issuing a new Federal order that updates and replaces the previous Federal order regarding quarantines to prevent the dissemination of citrus greening or Asian citrus psyllid. APHIS and the Florida Department of Agriculture and Consumer Services have imposed restrictions on the movement of certain material from counties in Florida where citrus greening is present. Even with these actions, citrus greening has continued to expand its range within the State of Florida and Asian citrus psyllid has been found throughout Florida and in other areas of the United States, creating a greater range than had been anticipated. In order to protect the domestic citrus industry, including the individual farmers who comprise the base of that industry, APHIS must act quickly to expand the Federal order. APHIS has completed an assessment of the environmental impacts anticipated from the implementation of a new Federal order for the domestic quarantine of citrus greening disease and Asian citrus psyllid. There is now scientific evidence showing that orange jasmine ( *Murraya paniculata* ) and related species are hosts of citrus greening as well as the Asian citrus psyllid. Previously, orange jasmine was regulated only as a host of the Asian citrus psyllid. The new Federal order will add *Murraya* spp. to the citrus greening host list. The main difference in the new Federal order is the expansion of the citrus greening quarantined area in Florida and the distinction made between citrus greening and Asian citrus psyllid quarantine areas. APHIS' review and analysis of the potential environmental impacts associated with the implementation of the new Federal order are documented in detail in an environmental assessment titled “Movement of Regulated Articles from a Citrus Greening Quarantine Zone” (October 2007). We are making this environmental assessment available to the public for review and comment. We will consider all comments that we receive on or before the date listed under the heading DATES at the beginning of this notice. Due to the serious and destructive nature of citrus greening disease, it is necessary to expand the number of counties in Florida from which the movement of plants that are hosts of citrus greening is present in order to prevent the further spread and infestation. It is also necessary to expand the areas quarantined due to the presence of Asian citrus psyllid so that host plants can be treated and inspected before being moved interstate. Since citrus greening is a highly injurious citrus disease, and the Asian citrus psyllid is harmful both as the insect vector of the disease and as a significant citrus pest in its own right, APHIS has determined that it may be necessary to immediately address both the disease and the associated insect pest. This will be accomplished by the restriction of hosts of citrus greening from areas where the disease is present, and the regulation and treatment of plants that are hosts of the psyllid from those areas where the insect is present and may be spread through the movement of infested nursery stock. Therefore, APHIS may have to begin the expanded citrus greening regulatory program in Florida immediately and issue a finding of no significant impact for the environmental assessment before the comment period on the environmental assessment concludes. Nevertheless, all comments received on the environmental assessment will be evaluated and responded to after the comment period has ended. The environmental assessment may be viewed on the Regulations.gov Web site or in our reading room (see ADDRESSES above for instructions for accessing Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the environmental assessment by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT . Please refer to the title of the environmental assessment when requesting copies. The environmental assessment has been prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). Done in Washington, DC this 30th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-21679 Filed 11-1-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Superior National Forest, Kawishiwi Ranger District, MN, Glacier Project Environmental Impact Statement AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an Environmental Impact Statement. SUMMARY: The Department of Agriculture, Forest Service, will prepare an environmental impact statement

(EIS)for the Glacier Project. The proposed activities would manage forest vegetation composition, structure, and spatial patterns (including habitat de-fragmentation), and the transportation system associated with these activities. DATES: Comments concerning the scope of the analysis must be received by November 30, 2007. The draft environmental impact statement is expected in January 2008 and the final environmental impact statement is expected in May 2008. ADDRESSES: Send written comments to Mark E. Van Every, Kawishiwi District Ranger, Glacier Project EIS, 1393 Hwy 169, Ely, MN 55731. Send electronic comments to *comments-eastern-superior-kawishiwi@fs.fed.us.* FOR FURTHER INFORMATION CONTACT: Susan Duffy, Glacier Project Leader, 1393 Hwy 169, Ely, MN 55731, Telephone

(218)365-2097. SUPPLEMENTARY INFORMATION: Purpose and Need for Action The purpose of the Glacier Project is to move the area towards the vegetation and landscape ecosystem desired conditions described in the 2004 Superior National *Land and Resource Management Plan.* Proposed Action The Proposed Action would manage forest vegetation composition, structure, and spatial patterns and the transportation system associated with these activities. Proposed activities include: creating young forest on approximately 5,500 acres, improving stand structure and within-stand diversity on approximately 2,500 acres, and restoring stand conditions through a variety of non-harvest activities such as planting, biomass removal, and conducting prescribed burns to reduce risk of wildfire on approximately 5,200 acres. The project has been specifically designed to: • Maintain existing patches of mature forest greater than 300 acres that would not lose interior forest qualities during the next ten years. • Create one 300-plus-acre patch of young forest by harvesting a mature patch that will not meet interior forest characteristics in ten years. • Reduce fragmentation by proposing regeneration harvests adjacent to existing young stands, including those proposed to be harvested on other ownership. • Maintain and improve habitat needed for threatened, endangered, and sensitive species. Possible Alternatives Alternative 1 is the no-action alternative. Alternative 2, the Modified Proposed Action, was developed based on the proposed action that was included in the Scoping Report and incorporates comments from the public and additional field information. Alternative 3 was developed to address the significant issues raised by the public during the Scoping comment period. The Responsible Official directed the interdisciplinary team to develop an alternative that would not harvest or build roads directly adjacent to the BWCAW and would not harvest in an area perceived to be at higher risk from non-native invasive species. Responsible Official Mark E. Van Every, Kawishiwi District Ranger, 1393 Hwy 169, Ely MN, 55731. Nature of Decision To Be Made An environmental analysis for the Glacier Project will evaluate site-specific issues, consider management alternatives, and analyze the potential effects of the proposed action and alternatives. The scope of the project is limited to decisions concerning activities within the Glacier Project Area that meet the Purpose and Need, as well as desired conditions. An environmental impact statement will provide the Responsible Official, Mark E. Van Every, with the information needed to decide which actions, if any, to approve. Scoping Process The District Ranger mailed the Glacier Project Scoping Report to area landowners and other interested individuals and groups in May 2007. Based on comments received during the scoping period and additional information gathered by resource specialists, the District Ranger has directed the Glacier Project Interdisciplinary Team to develop an Environmental Impact Statement. The public will be notified that an EIS is being developed and will have an additional opportunity to submit comments before the Draft EIS will be completed. The public will be notified of the significant issues and possible alternatives that will be used to disclose the effects of the project. A public meeting is planned during the comment period on the Draft EIS. Preliminary Issues For significant issues were identified based on comments the public submitted on the May 2007 Scoping Report. These issues involve vegetation and associated road management adjacent to the Boundary Waters Canoe Area Wilderness, project activities that have the potential to affect lynx and lynx habitat, concern about non-native invasive species, and impacts to Forest Plan Inventoried Roadless Areas. Permits or Licenses Required Easement or permission to cross non-federal property may be needed to access some treatment units to implement Forest Service activities. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. Written comments will be solicited through a notice that will be sent to the Glacier Project mailing list. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC, 435 U.S. 519, 553 (1978)* . Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the court. *City of Angoon* v. *Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986)* and *Wisconsin Heritages, Inc.* v. *Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)* . Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: October 26, 2007. Mark E. Van Every, Kawishiwi District Ranger. [FR Doc. 07-5457 Filed 11-1-07; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

CFR